do-me/EUR-LEX huggingface dataset:
Case C-330/17: Judgment of the Court (Fifth Chamber) of 15 November 2018 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Verbraucherzentrale Baden-Württemberg eV v Germanwings GmbH (Reference for a preliminary ruling — Regulation (EC) No 1008/2008 — Article 2(18) — Article 23(1) — Transport — Common rules for the operation of air services in the European Union — Information — Indication of the final price to be paid — Inclusion of the air fare in the final price to be paid — Obligation to indicate air fares in euros or local currency — Choice of the relevant local currency — Connecting factors)
Date: 2018-11-15
Institutions: Court of Justice
Subjects: EU Member State, Internet address, air freight rate, air transport, consumer, establishment, euro, national currency








C_2019016EN.01001602.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/16






Judgment of the Court (Fifth Chamber) of 15 November 2018 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Verbraucherzentrale Baden-Württemberg eV v Germanwings GmbH
(Case C-330/17) (1)

((Reference for a preliminary ruling - Regulation (EC) No 1008/2008 - Article 2(18) - Article 23(1) - Transport - Common rules for the operation of air services in the European Union - Information - Indication of the final price to be paid - Inclusion of the air fare in the final price to be paid - Obligation to indicate air fares in euros or local currency - Choice of the relevant local currency - Connecting factors))
(2019/C 16/19)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Verbraucherzentrale Baden-Württemberg eV

Defendant: Germanwings GmbH

Operative part of the judgment

Article 23(1) in conjunction with Article 2(18) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community must be interpreted as meaning that, when indicating air fares for intra-Community air services, air carriers who do not express those fares in euros are required to choose a local currency that is objectively linked to the service offered. That is the case in particular of the currency which is legal tender in the Member State in which the place of departure or arrival of the flight is located.
Thus, in a situation such as that at issue in the main proceedings, in which an air carrier established in a Member State in which the euro is legal tender offers on the internet an air service for which the place of departure of the flight is located in another Member State in which a currency other than the euro is legal tender, the air fares may, if they are not expressed in euros, be indicated in the currency which is legal tender in that other Member State.


(1)  OJ C 293, 4.9.2017.
Case T-227/10: Judgment of the General Court of 15 November 2018 — Banco Santander v Commission (State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations)
Date: 2018-11-15
Institutions: General Court
Subjects: Spain, State aid, amortisation, corporation tax, equal treatment, establishment, foreign enterprise, goodwill, reimbursement of aid, shareholding








C_2019025EN.01003401.xml










21.1.2019   


EN


Official Journal of the European Union


C 25/34






Judgment of the General Court of 15 November 2018 — Banco Santander v Commission
(Case T-227/10) (1)

((State aid - Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Difference in treatment - Justification of the difference in treatment - Undertakings benefiting from the measure - Legitimate expectations))
(2019/C 25/42)
Language of the case: Spanish

Parties


Applicant: Banco Santander, SA (Santander, Spain) (represented by: initially, J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, and, subsequently, J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, lawyers)

Defendant: European Commission (represented by: R. Lyal and C. Urraca Caviedes, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Article 1(1) of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48) and, in the alternative, annulment of Article 4 of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Banco Santander, SA to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 195, 17.7.2010.
Statement of revenue and expenditure of the European Centre for Disease Prevention and Control for the financial year 2018 — amending budget No 1
Date: 2018-11-15
Institutions: European Centre for Disease Prevention and Control
Subjects: EU expenditure, amending budget, budgetary resources, financial year, general budget (EU), publication of accounts








C_2018416EN.01001301.xml










15.11.2018   


EN


Official Journal of the European Union


C 416/13






Statement of revenue and expenditure of the European Centre for Disease Prevention and Control for the financial year 2018 — amending budget No 1
(2018/C 416/03)

REVENUE










Title
Chapter


Heading


Budget 2018


Amending budget No 1


New amount





2




EUROPEAN UNION CONTRIBUTION





2 0


EUROPEAN UNION CONTRIBUTION


56 766 000 


 


56 766 000 




 



Title 2 — Total




56 766 000 



 



56 766 000 






3




SUBSIDY FROM THE EUROPEAN ECONOMIC AREA





3 0


SUBSIDY FROM THE EUROPEAN ECONOMIC AREA


1 264 000 


 


1 264 000 




 



Title 3 — Total




1 264 000 



 



1 264 000 





 



GRAND TOTAL




58 030 000 



 



58 030 000 






EXPENDITURE










Title
Chapter


Heading


Appropriations 2018


Amending budget No 1


New amount





1




STAFF





1 1


STAFF IN ACTIVE EMPLOYMENT


29 406 000 


578 915 


29 984 915 




1 3


MISSIONS AND TRAVEL


700 000 


 


700 000 




1 4


SOCIO-MEDICAL INFRASTRUCTURE


170 000 


 


170 000 




1 5


EXCHANGES OF CIVIL SERVANTS AND EXPERTS


300 000 


41 000 


341 000 




1 7


REPRESENTATION EXPENSES


12 000 


 


12 000 




1 8


INSURANCE AGAINST SICKNESS, ACCIDENTS AND OCCUPATIONAL DISEASE; UNEMPLOYMENT INSURANCE AND MAINTENANCE OF PENSION RIGHTS


883 000 


35 000 


918 000 




 



Title 1 — Total




31 471 000 




654 915 




32 125 915 






2




BUILDINGS, EQUIPMENT AND MISCELLANEOUS OPERATING EXPENDITURE





2 0


INVESTMENTS IN IMMOVABLE PROPERTY, RENTING OF BUILDINGS AND ASSOCIATED COSTS


3 281 100 


– 272 591 


3 008 509 




2 1


DATA PROCESSING


2 557 800 


– 158 259 


2 399 541 




2 2


MOVABLE PROPERTY AND ASSOCIATED COSTS


593 100 


– 441 502 


151 598 




2 3


CURRENT ADMINISTRATIVE EXPENDITURE


780 000 


–16 200 


763 800 




2 4


POSTAL EXPENSES AND TELECOMMUNICATIONS


245 000 


–68 258 


176 742 




2 5


EXPENDITURE ON MEETINGS AND MANAGEMENT CONSULTING


750 000 


151 640 


901 640 




 



Title 2 — Total




8 207 000 




– 805 170 




7 401 830 






3




OPERATING EXPENDITURE





3 0


OPERATING EXPENDITURE


18 352 000 


150 255 


18 502 255 




 



Title 3 — Total




18 352 000 




150 255 




18 502 255 





 



GRAND TOTAL




58 030 000 



 



58 030 000
Euro exchange rates
Date: 2018-11-15
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018414EN.01000401.xml










15.11.2018   


EN


Official Journal of the European Union


C 414/4






Euro exchange rates (1)

14 November 2018
(2018/C 414/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1296 




JPY


Japanese yen


128,64 




DKK


Danish krone


7,4621 




GBP


Pound sterling


0,87048 




SEK


Swedish krona


10,2685 




CHF


Swiss franc


1,1395 




ISK


Iceland króna


140,20 




NOK


Norwegian krone


9,5990 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,994 




HUF


Hungarian forint


322,68 




PLN


Polish zloty


4,2911 




RON


Romanian leu


4,6601 




TRY


Turkish lira


6,1725 




AUD


Australian dollar


1,5657 




CAD


Canadian dollar


1,4937 




HKD


Hong Kong dollar


8,8473 




NZD


New Zealand dollar


1,6651 




SGD


Singapore dollar


1,5589 




KRW


South Korean won


1 278,88 




ZAR


South African rand


16,2025 




CNY


Chinese yuan renminbi


7,8543 




HRK


Croatian kuna


7,4230 




IDR


Indonesian rupiah


16 680,18 




MYR


Malaysian ringgit


4,7469 




PHP


Philippine peso


59,989 




RUB


Russian rouble


76,3414 




THB


Thai baht


37,243 




BRL


Brazilian real


4,2901 




MXN


Mexican peso


23,0803 




INR


Indian rupee


81,6740 






(1)  Source: reference exchange rate published by the ECB.
Case C-308/17: Judgment of the Court (First Chamber) of 15 November 2018 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Hellenische Republik v Leo Kuhn (Reference for a preliminary ruling — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Scope — Article 1(1) — Concept of ‘civil and commercial matters’ — Bonds issued by a Member State — Involvement of the private sector in the restructuring of public debt of that State — Unilateral and retroactive adjustment of the borrowing terms — Collective action clauses — Action brought against the State by private creditors who hold those bonds as natural persons — Liability of the State for acts and omissions in the exercise of State authority)
Date: 2018-11-15
Institutions: Court of Justice
Subjects: Greece, bond, claim, contract, damages, debt, interest, judicial cooperation in civil matters in the EU, jurisdiction








C_2019016EN.01001501.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/15






Judgment of the Court (First Chamber) of 15 November 2018 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Hellenische Republik v Leo Kuhn
(Case C-308/17) (1)

((Reference for a preliminary ruling - Regulation (EU) No 1215/2012 - Jurisdiction in civil and commercial matters - Scope - Article 1(1) - Concept of ‘civil and commercial matters’ - Bonds issued by a Member State - Involvement of the private sector in the restructuring of public debt of that State - Unilateral and retroactive adjustment of the borrowing terms - Collective action clauses - Action brought against the State by private creditors who hold those bonds as natural persons - Liability of the State for acts and omissions in the exercise of State authority))
(2019/C 16/17)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Defendant and appellant on a point of law: Hellenische Republik

Applicant and respondent in the appeal on a point of law: Leo Kuhn

Operative part of the judgment

Article 1(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is to be interpreted as meaning that a dispute, such as that at issue in the main proceedings, relating to an action brought by a natural person having acquired bonds issued by a Member State, against that State and seeking to contest the exchange of those bonds with bonds of a lower value, imposed on that natural person by the effect of a law adopted in exceptional circumstances by the national legislator, according to which those terms were unilaterally and retroactively amended by the introduction of a CAC allowing a majority of holders of the relevant bonds to impose that exchange on the minority, does not fall within ‘civil and commercial matters’ within the meaning of that article.


(1)  OJ C 283, 28.8.2017.
Case T-216/17: Judgment of the General Court of 15 November 2018 — Mabrouk v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of State funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds — Maintenance of the applicant’s name on the list — Insufficient factual basis — Manifest error of assessment — Error of law — Principle of good administration — Reasonable time)
Date: 2018-11-15
Institutions: General Court
Subjects: EU restrictive measure, Tunisia, economic sanctions, international sanctions, natural person, trade restriction








C_2019016EN.01004101.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/41






Judgment of the General Court of 15 November 2018 — Mabrouk v Council
(Case T-216/17) (1)

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Measures taken against persons responsible for misappropriation of State funds and associated persons and entities - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds - Maintenance of the applicant’s name on the list - Insufficient factual basis - Manifest error of assessment - Error of law - Principle of good administration - Reasonable time))
(2019/C 16/49)
Language of the case: English

Parties


Applicant: Mohamed Marouen Ben Ali Ben Mohamed Mabrouk (Tunis, Tunisia) (represented by: J.-R. Farthouat, N. Boulay and S. Crosby, lawyers)

Defendant: Council of the European Union (represented by: V. Piessevaux and J. Kneale, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2017/153 of 27 January 2017 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2017 L 23, p. 19), and Council Decision (CFSP) 2018/141 of 29 January 2018 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2018 L 25, p. 38), in so far as those decisions concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Mohamed Marouen Ben Ali Ben Mohamed Mabrouk to bear his own costs and to pay those incurred by the Council of the European Union.






(1)  OJ C 195, 19.6.2017.
Case T-671/18: Action brought on 15 November 2018 — ZU v Commission
Date: 2018-11-15
Institutions: General Court
Subjects: European Anti-fraud Office, European civil service, reassignment, rights of the defence, whistleblowing








C_2019016EN.01005802.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/58






Action brought on 15 November 2018 — ZU v Commission
(Case T-671/18)
(2019/C 16/70)
Language of the case: English

Parties


Applicant: ZU (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Head of the Career Management & Mobility Unit, in Directorate HR.B of Directorate-General Human Resources (DG HR) of the Commission, adopted on 12 October 2018, transferring the applicant back to DG OLAF;










—


annul the decision of the Head of the Account Management Centre 4 Unit, in Directorate HR.AMC of DG HR of the Commission, adopted on 29 October 2018, provisionally setting the date of his assignment at 1 December 2018;










—


annul, together with the above, in so far as necessary, the decision of the appointing authority, yet to be adopted, rejecting the applicant’s complaint;










—


order the defendant to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging insufficient transparency of the transfer procedure, breach of Article 25 of the Staff Regulations and failure to state grounds, infringement of the applicant’s right to defence from the enforced transfer, and breach of Article 41 of the Charter of Fundamental Rights of the EU and of the right to be heard.










2.


Second plea in law, alleging manifest error of assessment of the interest of the service, and breach of the principle of good administration.










3.


Third plea in law, alleging omission of crucial elements against the immediate transfer of the applicant to OLAF, breach of the principle of good administration, and disregard for the protection of whistle-blowers under Article 22a of the Staff Regulations.










4.


Fourth plea in law, alleging infringement of the duty of care.










5.


Fifth plea in law, alleging misuse of powers.
Case T-239/11: Judgment of the General Court of 15 November 2018 — Sigma Alimentos Exterior v Commission (State aid — Corporate income tax provisions allowing companies domiciled in Spain to amortise the goodwill resulting from acquisitions of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Differential treatment — Justification of differential treatment)
Date: 2018-11-15
Institutions: General Court
Subjects: Spain, State aid, amortisation, corporation tax, equal treatment, establishment, foreign enterprise, goodwill, reimbursement of aid, shareholding








C_2019025EN.01003402.xml










21.1.2019   


EN


Official Journal of the European Union


C 25/34






Judgment of the General Court of 15 November 2018 — Sigma Alimentos Exterior v Commission
(Case T-239/11) (1)

((State aid - Corporate income tax provisions allowing companies domiciled in Spain to amortise the goodwill resulting from acquisitions of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Differential treatment - Justification of differential treatment))
(2019/C 25/43)
Language of the case: Spanish

Parties


Applicant: Sigma Alimentos Exterior, SL (Madrid, Spain) (represented initially by A. Morillo Méndez and M. Ferre Navarrete, and subsequently by A. Morillo Méndez, J. Igual Gorgonio and C. Cañizares Pacheco, lawyers.)

Defendant: European Commission (represented initially by R. Lyal, C. Urraca Caviedes and P. Němečková and subsequently by Lyal and C. Urraca Caviedes, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Article 1(1) and Article 4 of Commission Decision 2011/282/EU of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 135, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Sigma Alimentos Exterior, SL to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 204, 9.7.2011.
Case T-399/11 RENV: Judgment of the General Court of 15 November 2018 — Banco Santander and Santusa v Commission (State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations)
Date: 2018-11-15
Institutions: General Court
Subjects: Spain, State aid, amortisation, corporation tax, equal treatment, establishment, foreign enterprise, goodwill, reimbursement of aid, shareholding








C_2019025EN.01003501.xml










21.1.2019   


EN


Official Journal of the European Union


C 25/35






Judgment of the General Court of 15 November 2018 — Banco Santander and Santusa v Commission
(Case T-399/11 RENV) (1)

((State aid - Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Difference in treatment - Justification of the difference in treatment - Undertakings benefiting from the measure - Legitimate expectations))
(2019/C 25/44)
Language of the case: Spanish

Parties


Applicants: Banco Santander, SA (Santander, Spain) and Santusa Holding, SL (Boadilla del Monte, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, lawyers)

Defendant: European Commission (represented by: R. Lyal, B. Stromsky, C. Urraca Caviedes and P. Němečková, acting as Agents)

Interveners in support of the applicants: Federal Republic of Germany (represented by: T. Henze, acting as Agent), Ireland (represented by: initially, G. Hodge and E. Creedon, and, subsequently, G. Hodge and M. Browne, acting as Agents) and Kingdom of Spain (represented by: M. Sampol Pucurull, acting as Agent)

Re:

Application based on Article 263 TFEU and seeking annulment of Article 1(1) and Article 4 of Commission Decision 2011/282/EU of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 135, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Banco Santander, SA and Santusa Holding, SL to bear their own costs and to pay those incurred by the European Commission;










3.


Orders the Federal Republic of Germany, Ireland and the Kingdom of Spain to bear their own respective costs.






(1)  OJ C 282, 24.9.2011.