do-me/EUR-LEX huggingface dataset:
Case C-701/18: Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 9 November 2018 — Geld-für-Flug GmbH v Ryanair DAC
Date: 2018-11-09
Institutions: Court of Justice
Subjects: air transport, consumer protection, contract of carriage, establishment, private international law, unfair terms of contract








C_2019072EN.01000602.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/6






Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 9 November 2018 — Geld-für-Flug GmbH v Ryanair DAC
(Case C-701/18)
(2019/C 72/08)
Language of the case: German

Referring court

Amtsgericht Nürnberg

Parties to the main proceedings


Applicant: Geld-für-Flug GmbH

Defendant: Ryanair DAC

Question referred

Is Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) to be interpreted as meaning that a clause contained in a commercial air carrier’s general terms and conditions which has not been individually negotiated and under which an electronically concluded contract with a passenger is subject to the law of the Member State applicable where the air carrier has its registered office and which is not identical to the law of the passenger’s habitual residence is unfair in so far as it misleads the passenger by not indicating that the choice of a different law in accordance with Article 5(2), subsection 2, of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (2) is possible only to a limited extent and not any, but only legal provisions referred to in Article 5(2), subsection 2, of the Rome I Regulation may be relied on?


(1)  OJ 1993 L 95, p. 29.

(2)  OJ 2008 L 177, p. 6.
Corrigendum to Electronic identification schemes notified pursuant to Article 9(1) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (OJ C 401, 7.11.2018)
Date: 2018-11-09
Institutions: European Commission
Subjects: EU Member State, data processing, electronic document, electronic government, electronic signature, identity document, residence permit, service, single market








C_2018403EN.01002001.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/20






Corrigendum to Electronic identification schemes notified pursuant to Article 9(1) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market
(
Official Journal of the European Union C 401 of 7 November 2018
)
(2018/C 403/17)
On page 7, in the table, in the entry for Italy, under ‘eID means under the notified scheme’:

for:







‘—


Telecom Italia










—


Trust Technologies S.r.l.’,





read:







‘—


Telecom Italia Trust Technologies S.r.l.’.
Euro exchange rates
Date: 2018-11-09
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018403EN.01000701.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/7






Euro exchange rates (1)

8 November 2018
(2018/C 403/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1424 




JPY


Japanese yen


129,90 




DKK


Danish krone


7,4597 




GBP


Pound sterling


0,87163 




SEK


Swedish krona


10,2528 




CHF


Swiss franc


1,1456 




ISK


Iceland króna


138,30 




NOK


Norwegian krone


9,5078 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,887 




HUF


Hungarian forint


321,44 




PLN


Polish zloty


4,2915 




RON


Romanian leu


4,6602 




TRY


Turkish lira


6,1926 




AUD


Australian dollar


1,5668 




CAD


Canadian dollar


1,4972 




HKD


Hong Kong dollar


8,9414 




NZD


New Zealand dollar


1,6838 




SGD


Singapore dollar


1,5663 




KRW


South Korean won


1 275,88 




ZAR


South African rand


15,9590 




CNY


Chinese yuan renminbi


7,9192 




HRK


Croatian kuna


7,4315 




IDR


Indonesian rupiah


16 610,50 




MYR


Malaysian ringgit


4,7563 




PHP


Philippine peso


60,308 




RUB


Russian rouble


75,8313 




THB


Thai baht


37,596 




BRL


Brazilian real


4,2622 




MXN


Mexican peso


22,6860 




INR


Indian rupee


82,7195 






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Pacific Ocean, Poland, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing








C_2018403EN.01001402.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/14






Information communicated by Member States regarding closure of fisheries
(2018/C 403/13)
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


18.9.2018




Duration


18.9.2018-31.12.2018




Member State


Poland




Stock or Group of stocks


CJM/SPRFMO




Species


Jack mackerel (Trachurus Murphyi)




Zone


SPRFMO Convention Area




Type(s) of fishing vessels


—




Reference number


24/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Action brought on 9 November 2018 by the EFTA Surveillance Authority against Iceland (Case E-3/18)
Date: 2018-11-09
Institutions: EFTA Court
Subjects: European Economic Area, Iceland, Internet, alternative dispute resolution, application of EU law, consumer protection, electronic commerce, form, information system, trade dispute








C_2019009EN.01000601.xml










10.1.2019   


EN


Official Journal of the European Union


C 9/6






Action brought on 9 November 2018 by the EFTA Surveillance Authority against Iceland
(Case E-3/18)
(2019/C 9/07)
An action against Iceland was brought before the EFTA Court on 9 November 2018 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Catherine Howdle, and Ingibjörg Ólöf Vilhjálmsdóttir, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, B-1040 Brussels.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to adopt the measures necessary to make the Act referred to at point 7ja of Annex XIX to the Agreement on the European Economic Area (Commission Implementing Regulation (EU) 2015/1051 of 1 July 2015 on the modalities for the exercise of the functions of the online dispute resolution platform, on the modalities of the electronic complaint form and on the modalities of the cooperation between contact points provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes), as adapted by Protocol 1 to the EEA Agreement, part of its internal legal order as required by Article 7 of the EEA Agreement.










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


The application addresses Iceland’s failure to comply, no later than 23 April 2018, with a reasoned opinion delivered by the EFTA Surveillance Authority on 21 February 2018 regarding that State’s failure to implement into its national legal order Commission Implementing Regulation (EU) 2015/1051 of 1 July 2015 on the modalities for the exercise of the functions of the online dispute resolution platform, on the modalities of the electronic complaint form and on the modalities of the cooperation between contact points provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes, as referred to at point 7ja of Annex XIX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).










—


The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018403EN.01001201.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/12






Information communicated by Member States regarding closure of fisheries
(2018/C 403/08)
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


14.9.2018




Duration


14.9.2018-31.12.2018




Member State


Belgium




Stock or Group of stocks


SOL/7HJK.




Species


Common sole (solea solea)




Zone


7h, 7j and 7k




Type(s) of fishing vessels


—




Reference number


19/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Commission notice amending the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020
Date: 2018-11-09
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: EAFRD, State aid, co-financing, control of State aid, farming sector, investment aid, rural region, wooded area








C_2018403EN.01001001.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/10






Commission notice amending the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020
(2018/C 403/06)
The European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 (1) are amended as follows, in order to better address certain environmental policy considerations:






(1)


point (155) is replaced by the following:
‘As regards investment with preventive objectives in point (143)(e), the maximum aid intensity must not exceed 80 %. However, it may be increased up to 100 % if the investment is carried out collectively by more than one beneficiary or if the objective is to prevent damage caused by protected animals.’;










(2)


point (402) is deleted.;










(3)


point (403) is replaced by the following:
‘The aid and any other payments received to compensate for the damage, including payments under other national or Union measures or insurance policies for the damage receiving aid, must be limited to 100 % of the eligible costs.’.






(1)  OJ C 204, 1.7.2014, p. 1.
Case T-667/18: Action brought on 9 November 2018 — Pinto Teixeira v EEAS
Date: 2018-11-09
Institutions: General Court
Subjects: change of job, conflict of interest, indemnification, staff regulations (EU), termination of employment








C_2019016EN.01005801.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/58






Action brought on 9 November 2018 — Pinto Teixeira v EEAS
(Case T-667/18)
(2019/C 16/69)
Language of the case: French

Parties


Applicant: José Manuel Pinto Teixeira (Oeiras, Portugal) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European External Action Service

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of 21 February 2018 by which the Appointing Authority refused to authorise him to engage in an outside activity under Article 16 of the Staff Regulations;










—


order the EEAS to pay the costs and to pay the sum of EUR 10 000 for the non-material damage suffered.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of Article 16 of the Staff Regulations of Officials of the European Union, in that the contested decision was adopted after the expiry of the period of 30 working days from the reception of his declaration of intention to engage in an occupational activity after leaving the service.










2.


Second plea in law, alleging manifest errors of assessment which render the contested decision unlawful, since the proposed activity is manifestly neither connected to the activity which he exercised during the last three years of service nor incompatible with the interests of the EEAS.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Lithuania, Pacific Ocean, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing








C_2018403EN.01001301.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/13






Information communicated by Member States regarding closure of fisheries
(2018/C 403/10)
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


18.9.2018




Duration


18.9.2018-31.12.2018




Member State


Lithuania




Stock or Group of stocks


CJM/SPRFMO




Species


Jack mackerel (Trachurus Murphyi)




Zone


SPRFMO Convention Area




Type(s) of fishing vessels


—




Reference number


21/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-662/18: Action brought on 9 November 2018 — romwell v EUIPO (twistpac)
Date: 2018-11-09
Institutions: General Court
Subjects: EU trade mark, machinery, packaging, registered trade mark, trade-mark law








C_2019004EN.01004301.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/43






Action brought on 9 November 2018 — romwell v EUIPO (twistpac)
(Case T-662/18)
(2019/C 4/56)
Language of the case: German

Parties


Applicant: romwell GmbH & Co. KG (Breitscheidt, Germany) (represented by: C. Spintig, S. Pietzcker and M. Prasse, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Mark at issue: Application for EU word mark twistpac — Application for registration No 17 219 163

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 August 2018 in Case R 336/2018-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceedings, including those of the applicant.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018403EN.01001202.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/12






Information communicated by Member States regarding closure of fisheries
(2018/C 403/09)
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


14.9.2018




Duration


14.9.2018-31.12.2018




Member State


Belgium




Stock or Group of stocks


HAD/7X7A34




Species


Haddock (Melanogrammus aeglefinus)




Zone


7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


20/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Action brought on 9 November 2018 by the EFTA Surveillance Authority against Iceland (Case E-6/18)
Date: 2018-11-09
Institutions: EFTA Court
Subjects: European Economic Area, Iceland, application of EU law, environmental impact, environmental law, environmental protection








C_2019009EN.01000901.xml










10.1.2019   


EN


Official Journal of the European Union


C 9/9






Action brought on 9 November 2018 by the EFTA Surveillance Authority against Iceland
(Case E-6/18)
(2019/C 9/10)
An action against Iceland was brought before the EFTA Court on 9 November 2018 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Catherine Howdle, and Ingibjörg Ólöf Vilhjálmsdóttir, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to fulfil its obligations under the Act referred to at point 1a of Annex XX to the Agreement on the European Economic Area (Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment), as adapted to the EEA Agreement by Protocol 1 and under Article 7 of the EEA Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event, by failing to inform the EFTA Surveillance Authority thereof.










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


The application addresses Iceland’s failure to comply, no later than 3 April 2018, with a reasoned opinion delivered by the EFTA Surveillance Authority on 31 January 2018 regarding that State’s failure to implement into its national legal order Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, as referred to at point 1a of Annex XX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).










—


The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.
Action brought on 9 November 2018 by the EFTA Surveillance Authority against Iceland (Case E-5/18)
Date: 2018-11-09
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Iceland, alternative dispute resolution, application of EU law, consumer protection, provision of services, purchase, single market, trade dispute








C_2019009EN.01000801.xml










10.1.2019   


EN


Official Journal of the European Union


C 9/8






Action brought on 9 November 2018 by the EFTA Surveillance Authority against Iceland
(Case E-5/18)
(2019/C 9/09)
An action against Iceland was brought before the EFTA Court on 9 November 2018 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Catherine Howdle, and Ingibjörg Ólöf Vilhjálmsdóttir, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, B-1040 Brussels.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to fulfil its obligations under the Act referred to at points 7d, 7f and 7k of Annex XIX to the Agreement on the European Economic Area (Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC), as adapted to the EEA Agreement by Protocol 1 and under Article 7 of the EEA Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event, by failing to inform the EFTA Surveillance Authority thereof.










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


The application addresses Iceland’s failure to comply, no later than 23 April 2018, with a reasoned opinion delivered by the EFTA Surveillance Authority on 21 February 2018 regarding that State’s failure to implement into its national legal order Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, as referred to at points 7d, 7f and 7k of Annex XIX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).










—


The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.
Call for applications 2018 for the ‘Altiero Spinelli Prize for Outreach’
Date: 2018-11-09
Institutions: European Commission
Subjects: European cultural event, cultural prize, promotion of the European idea, public awareness campaign, young person








C_2018403EN.01001601.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/16






Call for applications 2018
for the ‘Altiero Spinelli Prize for Outreach’
(2018/C 403/15)
For the second consecutive year, the Directorate-General for Education, Youth, Culture and Sport of the European Commission has launched a Call for Applications for a European Union’s ‘Altiero Spinelli Prize for Outreach’.
The aim of the call is to reward outstanding works that enhance the citizens’ understanding of the EU and help broaden the ownership of the European project. In 2018 the Prize focuses on young people.
There will be up to five prizes of 25 000 EUR each.
The call is open to:






—


individuals (natural persons) who are EU citizens,










—


non-governmental legal entities established and based in an EU Member State.




The call is not open to public authorities.
The deadline for applications is 7 January 2019 at 17.00 CET.
All relevant information and application forms are available at: https://ec.europa.eu/education/resources-and-tools/funding-opportunities/altiero-spinelli-prize-for-outreach-call-for-applications-2018_en
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-09
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Germany, Pacific Ocean, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing








C_2018403EN.01001501.xml










9.11.2018   


EN


Official Journal of the European Union


C 403/15






Information communicated by Member States regarding closure of fisheries
(2018/C 403/14)
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


20.9.2018




Duration


20.9.2018-31.12.2018




Member State


Germany




Stock or Group of stocks


CJM/SPRFMO




Species


Jack mackerel (Trachurus Murphyi)




Zone


SPRFMO Convention Area




Type(s) of fishing vessels


—




Reference number


25/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.