do-me/EUR-LEX huggingface dataset:
Case C-619/16: Judgment of the Court (Grand Chamber) of 6 November 2018 (request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg — Germany) — Sebastian W. Kreuziger v Land Berlin (Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship)
Date: 2018-11-06
Institutions: Court of Justice
Subjects: allowances and expenses, arrangement of working time, paid leave, termination of employment








C_2019016EN.01000301.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/3






Judgment of the Court (Grand Chamber) of 6 November 2018 (request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg — Germany) — Sebastian W. Kreuziger v Land Berlin
(Case C-619/16) (1)

((Reference for a preliminary ruling - Social policy - Organisation of working time - Directive 2003/88/EC - Article 7 - Right to paid annual leave - National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship))
(2019/C 16/03)
Language of the case: German

Referring court

Oberverwaltungsgericht Berlin-Brandenburg

Parties to the main proceedings


Appellant: Sebastian W. Kreuziger

Respondent: Land Berlin

Operative part of the judgment

Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as precluding national legislation such as that at issue in the main proceedings, in so far as it entails that, in the event that the worker did not ask to exercise his right to paid annual leave prior to the termination of the employment relationship, that worker loses — automatically and without prior verification of whether the employer had in fact enabled him, in particular through the provision of sufficient information, to exercise his right to leave prior to the termination of that relationship — the days of paid annual leave to which he was entitled under EU law on the date of the termination of that relationship, and, accordingly, his right to an allowance in lieu of paid annual leave not taken.


(1)  OJ C 38, 6.2.2017.
New national side of euro coins intended for circulation
Date: 2018-11-06
Institutions: European Commission
Subjects: Germany, commemoration, euro, issuing of currency








C_2018400EN.01001101.xml










6.11.2018   


EN


Official Journal of the European Union


C 400/11






New national side of euro coins intended for circulation
(2018/C 400/05)


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

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
: Germany


Subject of commemoration
: Berlin (‘Federal States’ (Bundesländer) series)


Description of the design
: The design shows the main building of the Charlottenburg Palace from the side of the Cour d' Honneur. The inner part also features the name ‘BERLIN’ and the mint mark of the respective mint (‘A’, ‘D’, ‘F’, ‘G’ or ‘J’) at the bottom, the issuing country's country code ‘D’ right at the top, the year ‘2018’ left at the top and the engraver's mark left at the bottom.
The coin's outer ring depicts the 12 stars of the European flag.


Estimated number of coins to be issued
: 30 000 000

Date of issue
: 30 January 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).
Prior notification of a concentration (Case M.9071 — Banca Generali/Saxo Bank/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-11-06
Institutions: European Commission
Subjects: banking, economic concentration, electronic commerce, financial services, insurance, investment company, merger control








C_2018400EN.01001601.xml










6.11.2018   


EN


Official Journal of the European Union


C 400/16






Prior notification of a concentration
(Case M.9071 — Banca Generali/Saxo Bank/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 400/10)

1.   
On 25 October 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:






—


Banca Generali S.p.A. (‘Banca Generali’, Italy), controlled by Assicurazioni Generali S.p.A. (‘Assicurazioni Generali’, Italy);










—


Saxo Bank A/S (‘Saxo Bank’, Denmark), controlled by Zhejiang Geely Holding Group Co., Ltd (‘Zhejiang Geely Holding Group’, China);










—


BG SAXO SIM S.p.A., a newly created entity (‘NewCo’, Italy).




Banca Generali and Saxo Bank acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control over NewCo.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:






—


Banca Generali offers a wide range of products and services in the banking, financial and insurance sectors;










—


Saxo Bank is an online investment bank specializing in online trading and investment services;










—


NewCo is an online platform for online trading in Italy.






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.9071 — Banca Generali/Saxo Bank/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 +32 229-64301




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.
Council Decision (EU) 2018/1664 of 6 November 2018 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Lietuvos bankas
Date: 2018-11-06
Institutions: Council of the European Union
Subjects: European System of Central Banks, Lithuania, accountant, auditing, central bank, euro area




L_2018278EN.01002201.xml










8.11.2018   


EN


Official Journal of the European Union


L 278/22








            COUNCIL DECISION (EU) 2018/1664
of 6 November 2018
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Lietuvos bankas


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular Article 27.1 thereof,


Having regard to the Recommendation of the European Central Bank of 4 October 2018 to the Council of the European Union on the external auditors of Lietuvos bankas (ECB/2018/23) (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Member States whose currency is the euro are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


The mandate of the external auditors of Lietuvos bankas expired following the audit for the financial year 2017.












(3)


By means of its Recommendation of 18 May 2018 (ECB/2018/15) (2), the ECB recommended that UAB Deloitte Lietuva be appointed as external auditors of Lietuvos bankas for the financial years 2018 to 2021. UAB Deloitte Lietuva did not take up the appointment. It is therefore necessary to appoint external auditors for the financial years 2018 to 2021.












(4)


The Governing Council of the ECB has recommended that UAB Ernst & Young Baltic be appointed as the external auditors of Lietuvos bankas for the financial years 2018 to 2021.












(5)


Council Decision 1999/70/EC (3) should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 1 of Decision 1999/70/EC, paragraph 19 is replaced by the following:


‘19.   UAB Ernst & Young Baltic are hereby approved as the external auditors of Lietuvos bankas for the financial years 2018 to 2021.’.




Article 2
This Decision shall take effect on the date of its notification.


Article 3
This Decision is addressed to the European Central Bank.




Done at Brussels, 6 November 2018.


For the Council


The President

H. LÖGER
            





(1)  
            OJ C 370, 12.10.2018, p. 1.

(2)  Recommendation of the European Central Bank of 18 May 2018 to the Council of the European Union on the external auditors of Lietuvos bankas (ECB/2018/15) (OJ C 181, 28.5.2018, p. 1).

(3)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).
Prior notification of a concentration (Case M.9044 — CVC/Recordati) (Text with EEA relevance.)
Date: 2018-11-06
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, pharmaceutical industry








C_2018400EN.01001501.xml










6.11.2018   


EN


Official Journal of the European Union


C 400/15






Prior notification of a concentration
(Case M.9044 — CVC/Recordati)
(Text with EEA relevance)
(2018/C 400/09)

1.   
On 26 October 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:






—


CVC Capital Partners SICAVFIS SA (‘CVC’) (Luxembourg), and










—


Recordati SpA (‘Recordati’) (Italy).




CVC acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Recordati.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for CVC: management of investment funds and platforms. Portfolio companies controlled by CVC notably include companies active in the pharmaceutical sector: Alvogen, DOC Generici, and Theramex,
—   for Recordati: development and manufacturing of pharmaceutical products.


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.



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.9044 — CVC/Recordati
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: 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’).
Case T-560/17: Order of the General Court of 6 November 2018 — Fortischem v Parliament and Council (Action for annulment — Environment — Regulation (EU) 2017/852 — Protection of human health and the environment — Prohibition on chlor-alkali production using mercury as an electrode — Article 263, fourth paragraph, TFEU — Act not of individual concern — Inadmissibility)
Date: 2018-11-06
Institutions: General Court
Subjects: chemical compound, electrical process, environmental protection, health policy, industrial pollution, mercury, metal pollution








C_2019044EN.01006202.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/62






Order of the General Court of 6 November 2018 — Fortischem v Parliament and Council
(Case T-560/17) (1)

((Action for annulment - Environment - Regulation (EU) 2017/852 - Protection of human health and the environment - Prohibition on chlor-alkali production using mercury as an electrode - Article 263, fourth paragraph, TFEU - Act not of individual concern - Inadmissibility))
(2019/C 44/81)
Language of the case: English

Parties


Applicant: Fortischem a.s. (Nováky, Slovakia) (represented by: C. Arhold, P. Hodál and M. Staroň, lawyers)

Defendants: European Parliament (represented by: I. McDowell, L. Darie and A. Tamás, acting as Agents), Council of the European Union (represented by: M. Moore and J. Kneale, acting as Agents)

Re:

Action under Article 263 TFEU for the annulment of letter (d) in Annex III, Part I to Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (OJ 2017 L 137, p. 1).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


There is no longer any need to rule on the applications for leave to intervene made by the European Commission and the Kingdom of Sweden.










3.


Fortischem a.s. is to bear its own costs and pay those incurred by the Council of the European Union and the European Parliament, with the exception of those relating to the applications for leave to intervene.










4.


Fortischem, the Council, the Parliament, the Commission and the Kingdom of Sweden are each to bear their own costs relating to the applications for leave to intervene.






(1)  OJ C 369, 30.10.2017.
Case C-688/18: Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 6 November 2018 — Criminal proceedings against TX and UW
Date: 2018-11-06
Institutions: Court of Justice
Subjects: criminal proceedings, legal hearing, rights of the defence








C_2019025EN.01002801.xml










21.1.2019   


EN


Official Journal of the European Union


C 25/28






Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 6 November 2018 — Criminal proceedings against TX and UW
(Case C-688/18)
(2019/C 25/35)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties to the main proceedings

TX and UW

Question referred

Is the right of a defendant to be present at the trial pursuant to Article 8(1) and (2) in conjunction with recitals 35 and 44 of Directive (EU) 2016/343 (1) infringed if one of the hearings in criminal proceedings took place in the absence of the defendant, who was duly summoned, informed of the consequences of non-appearance and defended by a lawyer chosen by him, if:






(a)


he did not appear for a reason within his control (namely he decided not to participate in that specific hearing);










(b)


he did not appear for a reason beyond his control (namely illness), if he was subsequently informed of the acts carried out in his absence and, with full knowledge of the situation, decided and declared that:






—


he does not call the legality of those acts into question by relying on his non-appearance and does not request that they be repeated in his presence;










—


he wishes to participate in these acts, whereupon the court conducted an additional examination of the person specified by the defendant and gave the defendant the opportunity to participate in it to an appropriate extent?










(1)  Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65, p. 1).
Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 November 2018 — Euro exchange rates
Date: 2018-11-06
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2018400EN.01000201.xml










6.11.2018   


EN


Official Journal of the European Union


C 400/2






Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 November 2018
Euro exchange rates (2)

5 November 2018
(2018/C 400/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1370 




JPY


Japanese yen


128,81 




DKK


Danish krone


7,4596 




GBP


Pound sterling


0,87535 




SEK


Swedish krona


10,3268 




CHF


Swiss franc


1,1437 




ISK


Iceland króna


137,90 




NOK


Norwegian krone


9,5240 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,846 




HUF


Hungarian forint


322,44 




PLN


Polish zloty


4,3126 




RON


Romanian leu


4,6608 




TRY


Turkish lira


6,1783 




AUD


Australian dollar


1,5803 




CAD


Canadian dollar


1,4887 




HKD


Hong Kong dollar


8,9047 




NZD


New Zealand dollar


1,7085 




SGD


Singapore dollar


1,5651 




KRW


South Korean won


1 278,67 




ZAR


South African rand


16,3230 




CNY


Chinese yuan renminbi


7,8780 




HRK


Croatian kuna


7,4383 




IDR


Indonesian rupiah


17 027,71 




MYR


Malaysian ringgit


4,7475 




PHP


Philippine peso


60,515 




RUB


Russian rouble


75,4376 




THB


Thai baht


37,476 




BRL


Brazilian real


4,2253 




MXN


Mexican peso


22,8514 




INR


Indian rupee


83,0920 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case C-684/18: Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 6 November 2018 — World Comm Trading Gfz SRL v Agenția Națională de Administrare Fiscală (ANAF), Direcția Generală Regională a Finanțelor Publice Ploiești
Date: 2018-11-06
Institutions: Court of Justice
Subjects: VAT, cessation of trading, discount sale, invoicing, principle of proportionality, supply, tax rebate, tax relief








C_2019044EN.01001301.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/13






Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 6 November 2018 — World Comm Trading Gfz SRL v Agenția Națională de Administrare Fiscală (ANAF), Direcția Generală Regională a Finanțelor Publice Ploiești
(Case C-684/18)
(2019/C 44/18)
Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings


Appellant: World Comm Trading Gfz SRL

Respondents: Agenția Națională de Administrare Fiscală (ANAF), Direcția Generală Regională a Finanțelor Publice Ploiești

Questions referred







1.


Do Article 90 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and the principle of VAT neutrality (1) preclude national legislation (or an administrative practice based on unclear legislation) which denies an undertaking the right to deduct VAT in proportion to the value of a discount applied to national supplies of goods on the ground that the tax invoice issued by the intra-Community supplier (as representative of an economic group) shows the global discount granted for both intra-Community and domestic products supplied under the same framework agreement but recorded as purchased from the Member State of reference (from one member of the group, with a different VAT number from that borne by the invoice relating to the discount)?










2.


In the event that the first question is answered in the negative, does the principle of proportionality mean that the beneficiary cannot be denied the right to deduct VAT in proportion to the value of the discount granted globally by the intra-Community supplier in the case where the local supplier (a member of the same group) has ceased its economic activity and can no longer reduce the taxable amount of the supplies by issuing an invoice bearing its own VAT number, for the purpose of reimbursement of the excess VAT collected?






(1)  OJ 2006 L 347, p. 1.
Case T-595/18: Order of the President of the General Court of 6 November 2018 — Berliner Stadtwerke v EUIPO (berlinGas)
Date: 2018-11-06
Institutions: General Court
Subjects: EU trade mark, electrical energy, energy distribution, energy production, gas industry, gas supply, maintenance, registered trade mark, storage of hydrocarbons, trade-mark law








C_2019072EN.01004801.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/48






Order of the President of the General Court of 6 November 2018 — Berliner Stadtwerke v EUIPO (berlinGas)
(Case T-595/18) (1)

(2019/C 72/61)
Language of the case: German
The President of the General Court has ordered that the case be removed from the register.


(1)  OJ C 436, 3.12.2018.