do-me/EUR-LEX huggingface dataset:
Lists for the purposes of determining the composition of the formations of the Court
Date: 2018-12-17
Institutions: Court of Justice
Subjects: appointment of members, member of the Court of Justice (EU)








C_2018455EN.01000501.xml










17.12.2018   


EN


Official Journal of the European Union


C 455/5






Lists for the purposes of determining the composition of the formations of the Court
(2018/C 455/11)
At its General Meeting on 11 October 2018, the Court drew up the list for determining the composition of the Grand Chamber as follows:
Mr Rosas
Mr Jarukaitis
Mr Juhász
Ms Rossi
Mr Ilešič
Mr Piçarra
Mr Malenovský
Mr Xuereb
Mr Levits
Mr Lycourgos
Mr Bay Larsen
Ms Jürimäe
Mr von Danwitz
Mr Biltgen
Ms Toader
Mr Rodin
Mr Safjan
Mr Vajda
Mr Šváby
Mr Fernlund
Ms Berger
At its General Meeting on 11 October 2018, the Court drew up the list for determining the composition of the Chambers of five Judges as follows:

First Chamber

Mr Rosas
Mr Safjan
Mr Bay Larsen
Ms Toader

Second Chamber

Mr Levits
Mr Xuereb
Mr von Danwitz
Mr Vajda
Ms Berger

Third Chamber

Mr Malenovský
Ms Rossi
Mr Fernlund
Mr Biltgen

Fourth Chamber

Mr Šváby
Mr Piçarra
Mr Rodin
Ms Jürimäe

Fifth Chamber

Mr Juhász
Mr Jarukaitis
Mr Ilešič
Mr Lycourgos
At its General Meeting on 11 October 2018, the Court drew up the list for determining the composition of the Chambers of three Judges as follows:

Sixth Chamber

Mr Rosas
Mr Bay Larsen
Mr Safjan

Seventh Chamber

Mr Levits
Ms Berger
Mr Vajda
Mr Xuereb

Eighth Chamber

Mr Malenovský
Mr Fernlund
Ms Rossi

Ninth Chamber

Mr Šváby
Mr Rodin
Mr Piçarra

Tenth Chamber

Mr Juhász
Mr Ilešič
Mr Jarukaitis
Commission Regulation (EU) 2018/2038 of 17 December 2018 establishing a prohibition of fishing for saithe in Norwegian waters of 1 and 2 by vessels flying the flag of France
Date: 2018-12-17
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, France, Norwegian Sea, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing, ship's flag








L_2018327EN.01004401.xml










21.12.2018   


EN


Official Journal of the European Union


L 327/44








            COMMISSION REGULATION (EU) 2018/2038
of 17 December 2018
         
establishing a prohibition of fishing for saithe in Norwegian waters of 1 and 2 by vessels flying the flag of France


THE EUROPEAN COMMISSION,

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


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2018/120 (2) lays down quotas for 2018.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2018.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2018 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that 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, 17 December 2018.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General


Directorate-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2017/127 (OJ L 27, 31.1.2018, p. 1).




ANNEX






No


49/TQ120




Member State


France




Stock


POK/1N2AB.




Species


Saithe (Pollachius virens)




Zone


Norwegian waters of 1 and 2




Closing date


26.11.2018
Council Decision of 17 December 2018 appointing one member of the Management Board of the European Chemicals Agency
Date: 2018-12-17
Institutions: Council of the European Union
Subjects: Croatia, European Chemicals Agency, appointment of members, board of directors, decision-making body (EU)




C_2018460EN.01001101.xml










21.12.2018   


EN


Official Journal of the European Union


C 460/11






COUNCIL DECISION
of 17 December 2018
appointing one member of the Management Board of the European Chemicals Agency
(2018/C 460/09)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 79 thereof,
Whereas:






(1)


Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint one representative from each Member State as members of the Management Board of the European Chemicals Agency (‘the Management Board’).










(2)


By its Decision of 25 September 2014 (2) the Council appointed one member of the Management Board.










(3)


The Government of Croatia has informed the Council of its intention to nominate the current Croatian representative on the Management Board and has submitted a nomination for a second term of office running until 26 September 2022,




HAS ADOPTED THIS DECISION:

Article 1
Mr Bojan VIDOVIĆ, of Croatian nationality, born on 22 May 1976, is hereby appointed member of the Management Board of the European Chemicals Agency for the period from 26 September 2018 to 26 September 2022.


Article 2
This Decision shall enter into force on the date of its adoption.


Done at Brussels, 17 December 2018.


For the Council


The President

E. KÖSTINGER




(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ C 350, 25.9.2014, p. 3.
Case C-799/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 17 December 2018 — Athesia Energy Srl and Others v Ministero dello Sviluppo Economico, Gestore dei Servizi Energetici (GSE) SpA
Date: 2018-12-17
Institutions: Court of Justice
Subjects: electrical energy, energy law, energy production, national law, principle of legal certainty, renewable energy, solar energy








C_2019122EN.01000701.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/7






Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 17 December 2018 — Athesia Energy Srl and Others v Ministero dello Sviluppo Economico, Gestore dei Servizi Energetici (GSE) SpA
(Case C-799/18)
(2019/C 122/08)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings


Applicants: Athesia Energy Srl, Pv Project Cologna S.r.l., Belriccetto S.r.l., Itt Energy S.r.l., Pietra dei Fiori S.r.l., Energia Solare S.r.l., Green Hunter S.p.A, Actasol 5 S.r.l., Actasol 6 S.r.l., Cinque S.r.l., Spf Energy Uno S.r.l., Spr Energy Due S.r.l., Spf Energy Tre S.r.l., Bulicata S.r.l., Energy Line S.r.l., Marche Solare 1 S.r.l.

Defendants: Ministero dello Sviluppo Economico, Gestore dei servizi energetici (GSE) SpA

Question referred

Does EU law preclude the application of a provision of national law, such as that in Article 26(2) and (3) of Decree-Law No 91/2014, as converted by Law No 116/2014, which significantly reduces or delays the payment of incentives already granted by law and defined on the basis of corresponding agreements concluded by undertakings generating electrical energy by means of photovoltaic conversion with Gestore dei servizi energetici SpA, a public company responsible for that process?
In particular, is that provision of national law compatible with the general principles of EU law relating to legitimate expectation, legal certainty, sincere cooperation and effectiveness, with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union, with Directive 2009/28/EC (1) and with the rules governing support schemes laid down in that directive, and with Article 216(2) TFEU, in particular in relation to the European Energy Charter Treaty?


(1)  Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p. 16).
Case C-791/18: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 17 December 2018 — Stichting Schoonzicht, other party to the proceedings: Staatssecretaris van Financiën
Date: 2018-12-17
Institutions: Court of Justice
Subjects: VAT, capital goods, tax relief








C_2019122EN.01000501.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/5






Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 17 December 2018 — Stichting Schoonzicht, other party to the proceedings: Staatssecretaris van Financiën
(Case C-791/18)
(2019/C 122/06)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Stichting Schoonzicht

Other party to the proceedings: Staatssecretaris van Financiën

Questions referred







1.


Do Articles 184 to 187 of the 2006 VAT Directive (1) preclude a national adjustment regime for capital goods which provides for an adjustment spread over a number of years, whereby in the year the goods enter into use — which year is moreover the first adjustment year — the total amount of the initial deduction for that capital good is adjusted (revised) in a single step, if, upon the entry into use thereof, it turns out that that initial deduction deviates from the deduction which the taxable person is entitled to apply on the basis of the actual use of the capital good?










2.


If Question 1 is answered in the affirmative:
Must Article 189(b) or (c) of the 2006 VAT Directive be interpreted as meaning that the single adjustment of the initial deduction in the first year of the adjustment period referred to in Question 1 constitutes a measure which the Netherlands may adopt for the application of Article 187 of the 2006 VAT Directive?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case C-787/18: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 17 December 2018 — Skatteverket v Sögård Fastigheter AB
Date: 2018-12-17
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, real property, sale, tax relief, transfer of property








C_2019072EN.01000901.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/9






Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 17 December 2018 — Skatteverket v Sögård Fastigheter AB
(Case C-787/18)
(2019/C 72/12)
Language of the case: Swedish

Referring court

Högsta förvaltningsdomstolen

Parties to the main proceedings


Appellant: Skatteverket

Respondent: Sögård Fastigheter AB

Questions referred







1.


If a seller of a property, on the basis of the rules introduced by the Member State in accordance with Article 188(2) of the VAT Directive, (1) has not adjusted a deduction of input tax because the purchaser intends to use the property exclusively for transactions giving rise to a right of deduction, does that then preclude, in a case where the adjustment period continues to run, the purchaser being required to adjust the deduction at a subsequent time when the purchaser in turn transfers the property to someone who does not intend to use the property for such transactions?










2.


Does it alter the answer to the first question if the first transfer referred to in that question constitutes a transfer of assets as referred to in Article 19 of the VAT Directive?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Election of the Vice-President of the Court
Date: 2018-12-17
Institutions: Court of Justice
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU), vice-president of an institution








C_2018455EN.01000203.xml










17.12.2018   


EN


Official Journal of the European Union


C 455/2






Election of the Vice-President of the Court
(2018/C 455/04)
At a meeting on 9 October 2018, the Judges of the Court of Justice elected, pursuant to Article 8(4) of the Rules of Procedure, Ms Silva de Lapuerta as Vice-President of the Court for the period from 9 October 2018 to 6 October 2021.
Case T-737/18: Action brought on 17 December 2018 — Siberia Oriental v CPVO (Siberia)
Date: 2018-12-17
Institutions: General Court
Subjects: floriculture, plant breeding, plant variety right








C_2019054EN.01003301.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/33






Action brought on 17 December 2018 — Siberia Oriental v CPVO (Siberia)
(Case T-737/18)
(2019/C 54/48)
Language of the case: English

Parties


Applicant: Siberia Oriental BV (‘t Zand, Netherlands) (represented by: T. Overdijk, lawyer)

Defendant: Community Plant Variety Office (CPVO)

Details of the proceedings before CPVO


Community plant variety right at issue: Community plant variety right No EU0404 (‘Siberia’ variety of Lilium L.)

Contested decision: Decision of the Board of Appeal of CPVO of 15 October 2018 in Case A 009/2017

Form of order sought

The applicant claims that the Court should:






—


annul or set aside the contested decision;










—


order CPVO to change the expiration date in the Register to 30 April 2020.





Pleas in law







—


Infringement of essential procedural requirements;










—


Infringement of Council Regulation (EC) No 2100/94 or any rule of law relating to its application, including the Treaty on the European Union and the Treaty on the Functioning of the European Union.
Council Decision (CFSP) 2018/2008 of 17 December 2018 amending and extending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali)
Date: 2018-12-17
Institutions: Council of the European Union
Subjects: EU police mission, Mali, Sahel, paramilitary force, peacekeeping








L_2018322EN.01002401.xml










18.12.2018   


EN


Official Journal of the European Union


L 322/24








            COUNCIL DECISION (CFSP) 2018/2008
of 17 December 2018
         
amending and extending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 42(4) and Article 43(2) thereof,


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

Whereas:







(1)


On 15 April 2014, the Council adopted Decision 2014/219/CFSP (1) on the European Union CSDP Mission in Mali (EUCAP Sahel Mali).












(2)


The Council, inter alia, extended the mandate of the mission until 14 January 2019 through Decision (CFSP) 2017/50 (2) and provided it with a financial reference amount until the same date through Decision (CFSP) 2017/2264 (3).












(3)


Pending the approval by the Council of the planning documents on the Sahel regionalisation, and the adoption by the Council of a decision which should amend accordingly Decision 2014/219/CFSP, that Decision should be extended until 28 February 2019.












(4)


The financial reference amount should therefore be extended until 28 February 2019.












(5)


Decision 2014/219/CFSP should be amended accordingly.












(6)


EUCAP Sahel Mali will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2014/219/CFSP is amended as follows:






(1)


In Article 14(1), the fifth paragraph is replaced by the following:
‘The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali between 15 January 2018 and 28 February 2019 shall be EUR 28 450 000.’.










(2)


In Article 18, the second sentence is replaced by the following:
‘It shall apply until 28 February 2019.’.






Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 15 January 2019.




Done at Brussels, 17 December 2018.


For the Council


The President

E. KÖSTINGER
            





(1)  Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (OJ L 113, 16.4.2014, p. 21).

(2)  Council Decision (CFSP) 2017/50 of 11 January 2017 amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) (OJ L 7, 12.1.2017, p. 18
).

(3)  Council Decision (CFSP) 2017/2264 of 7 December 2017 amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali) (OJ L 324, 8.12.2017, p. 52).
Council Decision of 17 December 2018 appointing three members of the Governing Board of the European Centre for the Development of Vocational Training for Bulgaria, Croatia and Italy
Date: 2018-12-17
Institutions: Council of the European Union
Subjects: Bulgaria, Cedefop, Croatia, Italy, appointment of members, decision-making body (EU)




C_2018460EN.01000901.xml










21.12.2018   


EN


Official Journal of the European Union


C 460/9






COUNCIL DECISION
of 17 December 2018
appointing three members of the Governing Board of the European Centre for the Development of Vocational Training for Bulgaria, Croatia and Italy
(2018/C 460/08)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
Having regard to the lists of nominees submitted to the Council by the Commission as regards the representatives of the employers' organisations,
Whereas:






(1)


By its Decision of 16 July 2018 (2) and the corrigendum thereto (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2018 to 17 September 2021.










(2)


The Commission submitted three nominees as regards the representatives of the employers' organisations,




HAS ADOPTED THIS DECISION:

Article 1
The following three persons are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the period ending on 17 September 2021:
REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS:






Bulgaria


Ms Daniela SIMIDCHIEVA




Croatia


Ms Jasminka MARTINOVIĆ




Italy


Mr Alfonso BALSAMO






Article 2
The Council shall appoint members who have not yet been nominated at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Brussels, 17 December 2018.


For the Council


The President

E. KÖSTINGER




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  Council Decision of 16 July 2018 renewing the Governing Board of the European Centre for the Development of Vocational Training (2018/C 253/03) (OJ C 253, 19.7.2018, p. 9).

(3)  Corrigendum to Council Decision of 16 July 2018 renewing the Governing Board of the European Centre for the Development of Vocational Training (OJ C 325, 14.9.2018, p. 20).
Prior notification of a concentration (Case M.9095 — UPL/Arysta LifeScience) (Text with EEA relevance.)
Date: 2018-12-17
Institutions: European Commission
Subjects: chemical product, economic concentration, merger control, plant health product








C_2018454EN.01002301.xml










17.12.2018   


EN


Official Journal of the European Union


C 454/23






Prior notification of a concentration
(Case M.9095 — UPL/Arysta LifeScience)
(Text with EEA relevance)
(2018/C 454/08)

1.   
On 7 December 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:






—


United Phosphorus Corporation Ltd, a wholly owned subsidiary of United Phosphorus Ltd (‘UPL’, India),










—


Arysta LifeScience Inc. (‘Arysta’, USA).




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


2.   
The business activities of the undertakings concerned are:






—


UPL is active worldwide in the manufacture of products for the protection of plantations, intermediates, specialty chemicals and other industrial chemicals, including insecticides, fungicides, herbicides, fumigants, plant growth regulators and rodenticides,










—


Arysta is a global provider of innovative crop protection solutions, including bio-solutions and seed treatments. Arysta specialises in the development, formulation, registration, marketing and distribution of differentiated crop protection chemicals for a variety of crops and applications.






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.9095 — UPL/Arysta LifeScience
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 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’).
Designation of the Chamber responsible for cases of the kind referred to in Article 193 of the Rules of Procedure of the Court
Date: 2018-12-17
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, operation of the Institutions, rules of procedure








C_2018455EN.01000304.xml










17.12.2018   


EN


Official Journal of the European Union


C 455/3






Designation of the Chamber responsible for cases of the kind referred to in Article 193 of the Rules of Procedure of the Court
(2018/C 455/09)
At its General Meeting on 10 October 2018, the Court designated the Third Chamber as the Chamber that is, in accordance with Article 11(2) of the Rules of Procedure, responsible for cases of the kind referred to in Article 193 of those Rules, for the period from 10 October 2018 to 6 October 2019.