do-me/EUR-LEX huggingface dataset:
Public holidays 2019
Date: 2018-12-28
Institutions: European Commission
Subjects: EU Member State, public holiday








C_2018466EN.01002201.xml










28.12.2018   


EN


Official Journal of the European Union


C 466/22






Public holidays 2019
(2018/C 466/13)






Belgique/België


1.1, 2.1, 22.4, 1.5, 8.5, 30.5, 10.6, 11.7, 21.7, 15.8, 27.9, 1.11, 2.11, 11.11, 15.11, 25.12, 26.12, 27.12, 30.12, 31.12




България


1.1, 3.3, 4.3, 26.4, 27.4, 28.4, 29.4, 1.5, 6.5, 24.5, 6.9, 22.9, 23.9, 24.12, 25.12, 26.12




Česká republika


1.1, 19.4, 22.4, 1.5, 8.5, 5.7, 6.7, 28.9, 28.10, 17.11, 24.12, 25.12, 26.12




Danmark


1.1, 18.4, 19.4, 21.4, 22.4, 17.5, 30.5, 9.6, 10.6, 25.12, 26.12




Deutschland


1.1, 19.4, 22.4, 1.5, 30.5, 10.6, 3.10, 25.12, 26.12




Eesti


1.1, 24.2, 19.4, 21.4, 1.5, 9.6, 23.6, 24.6, 20.8, 24.12, 25.12, 26.12




Éire/Ireland


1.1, 18.3, 22.4, 6.5, 3.6, 5.8, 28.10, 25.12, 26.12




Ελλάδα


1.1, 6.1, 11.3, 25.3, 26.4, 29.4, 1.5, 17.6, 15.8, 28.10, 25.12, 26.12




España


1.1, 19.4, 1.5, 15.8, 12.10, 1.11, 6.12, 25.12




France


1.1, 22.4, 1.5, 8.5, 30.5, 10.6, 14.7, 15.8, 1.11, 11.11, 25.12




Hrvatska


1.1, 6.1, 22.4, 1.5, 20.6, 22.6, 25.6, 5.8, 15.8, 8.10, 1.11, 25.12, 26.12




Italia


1.1, 6.1, 22.4, 25.4, 1.5, 2.6, 15.8, 1.11, 8.12, 25.12, 26.12




Κύπρος/Kıbrıs


1.1, 6.1, 11.3, 25.3, 1.4, 26.4, 29.4, 1.5, 17.6, 15.8, 1.10, 28.10, 24.12, 25.12, 26.12




Latvija


1.1, 19.4, 21.4, 22.4, 1.5, 4.5, 6.5, 23.6, 24.6, 18.11, 24.12, 25.12, 26.12, 31.12




Lietuva


1.1, 16.2, 11.3, 21.4, 22.4, 1.5, 5.5, 3.6, 24.6, 6.7, 15.8, 1.11, 24.12, 25.12, 26.12




Luxembourg


1.1, 22.4, 1.5, 30.5, 10.6, 23.6, 15.8, 1.11, 25.12, 26.12




Magyarország


1.1, 15.3, 19.4, 22.4, 1.5, 20.8, 23.10, 1.11, 25.12, 26.12




Malta


1.1, 10.2, 19.3, 31.3, 19.4, 1.5, 7.6, 29.6, 15.8, 8.9, 21.9, 8.12, 13.12, 25.12




Nederland


1.1, 21.4, 22.4, 27.4, 30.5, 31.5, 9.6, 10.6, 25.12, 26.12, 27.12




Österreich


1.1, 6.1, 22.4, 1.5, 30.5, 10.6, 20.6, 15.8, 26.10, 1.11, 8.12, 25.12, 26.12




Polska


1.1, 6.1, 21.4, 22.4, 1.5, 3.5, 9.6, 20.6, 15.8, 1.11, 11.11, 25.12, 26.12




Portugal


1.1, 19.4, 21.4, 25.4, 1.5, 10.6, 20.6, 15.8, 5.10, 1.11, 1.12, 8.12, 25.12




România


1.1, 2.1, 24.1, 26.4, 28.4, 29.4, 1.5, 1.6, 16.6, 17.6, 15.8, 30.11, 1.12, 25.12, 26.12




Slovenija


1.1, 2.1, 8.2, 21.4, 22.4, 27.4, 1.5, 2.5, 9.6, 25.6, 15.8, 31.10, 1.11, 25.12, 26.12




Slovensko


1.1, 6.1, 19.4, 22.4, 1.5, 8.5, 5.7, 29.8, 1.9, 15.9, 1.11, 17.11, 24.12, 25.12, 26.12




Suomi/Finland


1.1, 6.1, 19.4, 21.4, 22.4, 1.5, 30.5, 9.6, 22.6, 2.11, 6.12, 25.12, 26.12




Sverige


1.1, 6.1, 19.4, 21.4, 22.4, 1.5, 30.5, 6.6, 9.6, 22.6, 2.11, 25.12, 26.12




United Kingdom


Wales and England: 1.1, 19.4, 22.4, 6.5, 27.5, 26.8, 25.12, 26.12
Northern Ireland: 1.1, 2.1, 19.4, 6.5, 27.5, 5.8, 30.11, 2.12, 25.12, 26.12
Scotland: 1.1, 17.3, 18.3, 19.4, 22.4, 6.5, 27.5, 12.7, 26.8, 25.12, 26.12
Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 January 2019 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))
Date: 2018-12-28
Institutions: European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2018466EN.01001401.xml










28.12.2018   


EN


Official Journal of the European Union


C 466/14






Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 January 2019

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

(2018/C 466/05)
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 412, 14.11.2018, p. 4.


































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.1.2019


…



-0,16 




-0,16 




0,00 




-0,16 




1,98 




-0,16 




0,02 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




0,28 




0,56 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




-0,16 




1,87 




-0,16 




3,56 




-0,31 




-0,16 




-0,16 




1,09
Case C-836/18: Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 28 December 2018 — Subdelegación del Gobierno en Ciudad Real v RH
Date: 2018-12-28
Institutions: Court of Justice
Subjects: European citizenship, family migration, foreign national, free movement of persons, married person, residence permit








C_2019139EN.01002501.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/25






Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 28 December 2018 — Subdelegación del Gobierno en Ciudad Real v RH
(Case C-836/18)
(2019/C 139/24)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla-La Mancha

Parties to the main proceedings


Applicant: Subdelegación del Gobierno en Ciudad Real

Defendant: RH

Questions referred







1.


Is the requirement that a Spanish citizen who has not exercised his right of free movement must satisfy the conditions laid down in Article 7(1) of Royal Decree 240/2007, as a necessary condition for the grant of a right of residence to his third-country spouse under Article 7(2) of that Royal Decree, liable, in the event that those conditions are not satisfied, to constitute an infringement of Article 20 TFEU if, as a result of the refusal to grant that right, the Spanish citizen is compelled to leave the territory of the European Union as a whole?
All of the above presupposes the requirement laid down in Article 68 of the Spanish Civil Code (Código Civil) for spouses to live together.










2.


In any event, notwithstanding the foregoing, does the practice of the Spanish State of automatically applying the rule laid down in Article 7 of Royal Decree 240/2007, and refusing to grant a residence permit to a family member of an EU citizen where that EU citizen has never exercised freedom of movement, solely and exclusively on the ground that the EU citizen does not satisfy the conditions laid down in that provision, without having examined specifically and individually whether there exists a relationship of dependency between that EU citizen and the third-country national of such a nature that, for any reason and in the light of the circumstances, it would mean that were the third-country national refused a right of residence, the EU citizen could not be separated from the family member on which he is dependent and would have to leave the territory of the European Union, infringe Article 20 TFEU in the terms set out above?
All of this is in the light of the case-law of the Court of Justice of the European Union, including, inter alia, the judgment of 8 May 2018, C-82/16, K.A. and Others v Belgische Staat. (1)







(1)  Judgment of 8 May 2018, K.A. and Others (Family reunification in Belgium) (C-82/16, EU:C:2018:308).
New national side of euro coins intended for circulation
Date: 2018-12-28
Institutions: European Commission
Subjects: Luxembourg, commemoration, euro, issuing of currency








C_2018466EN.01002001.xml










28.12.2018   


EN


Official Journal of the European Union


C 466/20






New national side of euro coins intended for circulation
(2018/C 466/11)


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

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
: Luxembourg


Subject of commemoration
: The 100th anniversary of the accession to the throne of Grand Duchess Charlotte


Description of the design
: The design shows on the left hand the effigy of His Royal Highness, the Grand Duke Henri, and on the right hand the effigy of the Grand Duchess Charlotte. At the bottom is the name of the issuing country ‘LUXEMBOURG’ and underneath the year of issuance ‘2019’. At the top, in semi-circle around the effigies is the inscription ‘Centenaire de l’accession au trône de la Grande-Duchesse Charlotte’ (Centenary of the accession to the throne of Grand Duchess Charlotte).
The coin’s outer ring depicts the 12 stars of the European flag.


Estimated number of coins to be issued
: 500 000

Date of issue
: January 2019


(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).
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2018-12-28
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, glasshouse cultivation








C_2018466EN.01001201.xml










28.12.2018   


EN


Official Journal of the European Union


C 466/12






Explanatory Notes to the Combined Nomenclature of the European Union
(2018/C 466/04)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 380, the text‘9406 00 Prefabricated buildings’is replaced by the following:








‘9406




Prefabricated buildings

This heading includes so-called “poly-tunnels”, consisting of constructive elements (typically steel or aluminium tubes), walls and roof (typically made of plastics or glass), used in horticulture, allowing the plants to be grown under cover. They are designed for long-term outdoor use, are of stable construction and weatherproof. They have to be of a size to enable a person to enter. They may be also designed to be equipped with additional features, such as heating or air conditioning.
However, “poly-tunnels” used in horticulture that do not have the character of a prefabricated building (e.g. they are of an unstable construction, designed for short term use, they can be dismantled and moved easily) are to be classified according to the constituent material of their constructive elements (typically steel or aluminium tubes) which gives the article its essential character within the meaning of general rule 3 (b).
Examples of products falling under heading 9406:

Image 1

Image 2
Examples of products which are to be classified according to the constituent material of their constructive element (tubes):

Image 3

Image 4

Image 5.’







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.
Corrigendum to Judgment of the Court of 17 September 2018 in Case E-10/17 Nye Kystlink AS Color Group AS and Color Line AS (Article 53 EEA — Article 54 EEA — Principle of equivalence — Principle of effectiveness — National rules on the limitation period for claims for damages) (OJ C 459, 20.12.2018)
Date: 2018-12-28
Institutions: EFTA Court
Subjects: European Economic Area, civil liability proceedings, competition policy, damages, fine, interpretation of the law, limitation of legal proceedings, offence, preliminary ruling procedure, restriction on competition








C_2018466EN.01003001.xml










28.12.2018   


EN


Official Journal of the European Union


C 466/30






Corrigendum to Judgment of the Court of 17 September 2018 in Case E-10/17 Nye Kystlink AS Color Group AS and Color Line AS (Article 53 EEA — Article 54 EEA — Principle of equivalence — Principle of effectiveness — National rules on the limitation period for claims for damages)
(
Official Journal of the European Union C 459 of 20 December 2018
)
(2018/C 466/15)
On page 47, and on the cover, in the title:

for:


‘Nye Kystlink AS Color Group AS and Color Line AS’,


read:


‘Nye Kystlink AS v Color Group AS and Color Line AS’.
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance.)
Date: 2018-12-28
Institutions: European Commission
Subjects: Algarve, Central Portugal, Lisbon and the Tagus Valley, Northern Portugal, Portugal, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2018466EN.01002101.xml










28.12.2018   


EN


Official Journal of the European Union


C 466/21






Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 466/12)






Member State


Portugal




Routes concerned


Bragança – Vila Real – Viseu – Cascais – Portimão – Cascais – Viseu – Vila Real – Bragança




Period of validity of the contract


4 years following the start of the operation




Deadline for submission of tenders


62 days after the day of publication of the present invitation




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the modified public service obligations can be obtained


All documents are available from: http://www.saphety.com
For more information please contact:





Ministry of Planning and Infrastructure




Office of the Secretary of State for Infrastructure




Av. Barbosa do Bocage n.o 5 – 2.o andar




1049-039 Lisboa




PORTUGAL




Email: gab.infraestruturas@mpi.gov.pt
Case C-825/18 P: Appeal brought on 28 December 2018 by Mamas and Papas Ltd against the judgment of the General Court (Second Chamber) delivered on 23 October 2018 in Case T-672/17: Mamas and Papas v EUIPO
Date: 2018-12-28
Institutions: Court of Justice
Subjects: child, designs and models, textile product








C_2019148EN.01001101.xml










29.4.2019   


EN


Official Journal of the European Union


C 148/11






Appeal brought on 28 December 2018 by Mamas and Papas Ltd against the judgment of the General Court (Second Chamber) delivered on 23 October 2018 in Case T-672/17: Mamas and Papas v EUIPO
(Case C-825/18 P)
(2019/C 148/11)
Language of the case: English

Parties


Appellant: Mamas and Papas Ltd (represented by: S. Malynicz QC, B. Whitehead, J. Dainty, Solicitors)

Other party to the proceedings: European Union Intellectual Property Office

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court in Case T-672/17, Mamas and Papas Ltd v EUIPO;










—


give judgment on the issue of prior disclosure;










—


refer the case back to the General Court of the European Union on the remaining pleas in law that were brought before the General Court but not resolved by that Court;










—


order the Office and intervener to bear their own costs and pay those of the appellant.





Pleas in law and main arguments

First the General Court erred in law regarding the powers of the EUIPO to examine the facts under Article 63(1) CDR (1) in relation to disclosure of the prior design. Where prior disclosure is positively averred by the design holder, it is not open to the EUIPO to come to a different conclusion on that issue.
Secondly, in any event, as regards its assessment of the evidence of prior disclosure the General Court distorted the evidence and incorrectly assessed the facts, and its decision contains a substantive inaccuracy in the findings attributable to the documents submitted to it which is clear from the case file.


(1)  11 Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community Designs (OJ 2002, L 3, p. 1).
New national side of euro coins intended for circulation
Date: 2018-12-28
Institutions: European Commission
Subjects: Italy, commemoration, euro, issuing of currency








C_2018466EN.01001901.xml










28.12.2018   


EN


Official Journal of the European Union


C 466/19






New national side of euro coins intended for circulation
(2018/C 466/10)


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

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
: Italy


Subject of commemoration
: The 500th anniversary of the death of Leonardo da Vinci


Description of the design
: The design shows a detail of the painting ‘Dama con l'ermellino’ (Lady with an Ermine) by Leonardo da Vinci (Czartoryski Museum in Krakow). On the left, the inscription ‘Leonardo’, the initials of the author Maria Angela Cassol ‘MAC’ and the logo ‘RI’ acronym of the Italian Republic; on the right, ‘R’, mintmark of the Mint of Rome and the dates ‘1519-2019’, respectively the year of Leonardo’s death and the year of the coin issuance.
The coin’s outer ring depicts the 12 stars of the European flag.


Estimated number of coins to be issued
: 3 000 000

Date of issue
: January 2019


(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).
Case T-756/18: Action brought on 28 December 2018 — AG v Europol
Date: 2018-12-28
Institutions: General Court
Subjects: European civil service, judicial review, supplementary pension, transfer of pension rights








C_2019093EN.01006701.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/67






Action brought on 28 December 2018 — AG v Europol
(Case T-756/18)
(2019/C 93/87)
Language of the case: German

Parties


Applicant: AG (represented by: C. Abrar, lawyer)

Defendant: European Union Agency for Law Enforcement Cooperation

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s implied rejection of the applicant’s complaint of 2 July 2018;










—


order the defendant to issue to the applicant a duly reasoned and lawful decision on his claim for a share of the Europol Pension Fund; and










—


order the defendant to pay all of the costs of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law: general infringement of the obligation to state reasons






—


In the context of the first plea in law, the applicant submits that his request concerning (i) the transfer of an administrative act by which the defendant applied Decision (EU) 2015/1889 (1) to the applicant and (ii) the statement of the reasons on which that administrative act is based together with an explanation as to why a significant part of the assets of the pension fund was distributed to the Member States, was implicitly rejected.










—


In that regard, it is claimed that the defendant failed to fulfil its duties in accordance with the principles of good European administrative practice and in accordance with Article 296 TFEU. The applicant also has an interest in bringing proceedings because only a reasoned decision on his rights to the Europol Pension Fund would enable him to assess the lawfulness of the allocation and the implementation of any further claims.














2.


Second plea in law: collateral review of Decision (EU) 2015/1889






—


In the context of the second plea in law, it is submitted that the supposed basis of the decision not taken could also transpire in the course of judicial review to be vitiated by an error of assessment and therefore unlawful. To that extent, it is particularly necessary to have an explanation as to why significant parts of the Europol Pension Fund were distributed to the EU Member States.










—


It is further submitted that the Court could, in the interests of procedural economy and for the avoidance of any further judicial proceedings, issue to the defendant indications as to the unlawfulness of Decision (EU) 2015/1889, since the collateral review of that decision might not succeed in the absence of a reasoned decision.










(1)  Council Decision (EU) 2015/1889 of 8 October 2015 on the dissolution of the Europol Pension Fund (OJ 2015 L 276, p. 60).