do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8871 – RWE/E.ON Assets) (Text with EEA relevance) 2020/C 111/01
Date: 2019-02-26
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electrical energy, electricity supply, energy distribution, energy industry, energy production, energy transport, merger control, renewable energy, retail selling








C_2020111EN.01000101.xml










3.4.2020   


EN


Official Journal of the European Union


C 111/1






Non-opposition to a notified concentration
(Case M.8871 – RWE/E.ON Assets)
(Text with EEA relevance)
(2020/C 111/01)
On 26 February 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M8871. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Corrigendum to Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975) (OJ L 296, 22.11.2018)
Date: 2019-02-26
Institutions: European Commission
Subjects: carriage of goods, customs regulations, international convention, international road transport, revision of an agreement, transport document








L_2019057EN.01002901.xml










26.2.2019   


EN


Official Journal of the European Union


L 57/29







Corrigendum to Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)

(
Official Journal of the European Union L 296 of 22 November 2018
)


On page 1, subtitle:
for:


                        ‘According to UN Depositary Notification C.N.557.2018.TREATIES — XI.A.16 the following amendments to the TIR Convention enter into force on 3 February 2019 for all Contracting Parties’,

read:


                        ‘According to UN Depositary Notification C.N.556.2018.TREATIES — XI.A.16 the following amendments to the TIR Convention enter into force on 3 February 2019 for all Contracting Parties’.
Case C-581/17: Judgment of the Court (Grand Chamber) of 26 February 2019 (request for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — Martin Wächtler v Finanzamt Konstanz (Reference for a preliminary ruling — Agreement between the European Community and the Swiss Confederation on the free movement of persons — Transfer by a natural person of his domicile from a Member State to Switzerland — Taxation of unrealised capital gains with respect to shares in a company — Direct taxation — Freedom of movement of self-employed persons — Equal treatment)
Date: 2019-02-26
Institutions: Court of Justice
Subjects: Switzerland, agreement (EU), capital gains tax, direct tax, equal treatment, free movement of persons, residence, self-employed person, shareholder, shareholding








C_2019139EN.01001601.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/16






Judgment of the Court (Grand Chamber) of 26 February 2019 (request for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — Martin Wächtler v Finanzamt Konstanz
(Case C-581/17) (1)

(Reference for a preliminary ruling - Agreement between the European Community and the Swiss Confederation on the free movement of persons - Transfer by a natural person of his domicile from a Member State to Switzerland - Taxation of unrealised capital gains with respect to shares in a company - Direct taxation - Freedom of movement of self-employed persons - Equal treatment)
(2019/C 139/14)
Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings


Applicant: Martin Wächtler

Defendant: Finanzamt Konstanz

Operative part of the judgment

The provisions of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed in Luxembourg on 21 June 1999, must be interpreted as precluding a tax regime of a Member State which, in a situation where a natural person who is a national of a Member State and who pursues an economic activity in the territory of the Swiss Confederation transfers his domicile from the Member State whose tax regime is at issue to Switzerland, provides for the collection, at the time of that transfer, of the tax payable on unrealised capital gains with respect to shares owned by that national, whereas, if domicile is retained in that Member State, the collection of the tax takes place only at the time when the capital gains are realised, that is on a disposal of the shares concerned.


(1)  OJ C 13, 15.1.2018.
Case C-184/19: Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 26 February 2019 — Hecta Viticol SRL v Agenția Națională de Administrare Fiscală (ANAF) — Direcția Generală de Soluționare a Contestațiilor, Biroul Vamal de Interior Buzău and Direcția Generală Regională a Finanțelor Publice Galați
Date: 2019-02-26
Institutions: Court of Justice
Subjects: alcoholic beverage, excise duty, fight against crime, principle of legal certainty, tax evasion








C_2019187EN.01003801.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/38






Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 26 February 2019 — Hecta Viticol SRL v Agenția Națională de Administrare Fiscală (ANAF) — Direcția Generală de Soluționare a Contestațiilor, Biroul Vamal de Interior Buzău and Direcția Generală Regională a Finanțelor Publice Galați
(Case C-184/19)
(2019/C 187/42)
Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings


Appellant: Hecta Viticol SRL

Respondents: Agenția Națională de Administrare Fiscală (ANAF) — Direcția Generală de Soluționare a Contestațiilor, Biroul Vamal de Interior Buzău and Direcția Generală Regională a Finanțelor Publice Galați

Questions referred







1.


Do Articles 7, 11 [and] 15 of Council Directive 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages (1) and Article 5 of Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and alcoholic beverages (2) preclude the provisions of Article I(21) and Article IV(1) of Ordonanța de urgență [a Guvernului] nr. 54 din 23 iunie 2010 privind unele măsuri pentru combaterea evaziunii fiscale (Government Emergency Order No 54 of 23 June 2010 laying down certain measures to address tax evasion)?










2.


Do the principles of legal certainty and the protection of legitimate [expectations] preclude the rule laid down in Article I(21) and Article IV(1) of Ordonanța de urgență [a Guvernului] nr. 54 din 23 iunie 2010 privind unele măsuri pentru combaterea evaziunii fiscale, inasmuch as it alters the rate of excise duty on still fermented beverages other than beer and wines?






(1)  OJ 1992 L 316, p. 21.

(2)  OJ 1992 L 316, p. 29.
Case C-182/19: Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber) (United Kingdom) made on 26 February 2019 — Pfizer Consumer Healthcare Ltd v Commissioners for Her Majesty's Revenue andCustoms
Date: 2019-02-26
Institutions: Court of Justice
Subjects: Combined Nomenclature, chemical product, medical device, specification of tariff heading








C_2019172EN.01001801.xml










20.5.2019   


EN


Official Journal of the European Union


C 172/18






Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber) (United Kingdom) made on 26 February 2019 — Pfizer Consumer Healthcare Ltd v Commissioners for Her Majesty's Revenue and Customs
(Case C-182/19)
(2019/C 172/21)
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicant: Pfizer Consumer Healthcare Ltd

Defendant: Commissioners for Her Majesty's Revenue and Customs

Question referred

Is Commission Implementing Regulation (EU) 2016/1140 (1) of 8 July 2016, concerning the classification of certain goods in the Combined Nomenclature invalid in so far as it classifies under CN code 3824,specifically 38249096, products which:






i.


are composed of a bandage-like material, containing ‘heat cells’ including chemicals;










ii.


operate in similar fashion to a poultice, though providing additional benefits;










iii.


through an exothermic chemical reaction relieve pain, decrease stiffness and promote tissue healing (as verified in multiple clinical trials);










iv.


are put in forms or packings for retail sale, and










v.


are explicitly presented and marketed as being for medical purposes and as producing the effects identified in (iii) above,
on the basis of the chemicals being the material or component which gives them their essential character and not under heading 3005 (on the basis of the wording of the relevant headings, section or chapter notes, and explanatory notes under General Rule of Interpretation 1, the operation of General Rule of Interpretation 3(a) requiring classification in accordance with the most specific description, or otherwise)?






(1)  OJ 2016, L 189, p. 1.
Case C-180/19: Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 26 February 2019 — Flightright GmbH v Eurowings GmbH
Date: 2019-02-26
Institutions: Court of Justice
Subjects: air transport, indemnification, traveller








C_2019246EN.01000302.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/3






Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 26 February 2019 — Flightright GmbH v Eurowings GmbH
(Case C-180/19)
(2019/C 246/04)
Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings


Applicant: Flightright GmbH

Defendant: Eurowings GmbH

Questions referred

Must Article 7(1) of Regulation (EC) No 261/2004 (1) be interpreted as meaning that the relevant distance for the payment of compensation is to be calculated by reference to the entire journey?
Must (assuming that the regulation is applicable to the section of the journey concerned) the concept of ‘flight’ then be interpreted as meaning that, in the case of reservations where air passengers reach their final destination only with an intermediate stop and possibly a transfer to another aircraft, it is only the section on which the delay has actually occurred that is meant, or is ‘flight’ to be interpreted in such a case as meaning that the entire journey from the first point of departure to the final destination is relevant for the distance?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Case T-865/16: Judgment of the General Court of 26 February 2019 — Fútbol Club Barcelona v Commission (State aid — Aid granted by the Spanish authorities in favour of certain professional football clubs — Preferential income tax rate applied to clubs authorised to benefit from the status of non-profit entity — Decision declaring the aid to be incompatible with the internal market — Freedom of establishment — Advantage)
Date: 2019-02-26
Institutions: General Court
Subjects: Spain, State aid, control of State aid, corporation tax, non-profit organisation, professional sport, right of establishment, sports body, tax relief








C_2019139EN.01004601.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/46






Judgment of the General Court of 26 February 2019 — Fútbol Club Barcelona v Commission
(Case T-865/16) (1)

(State aid - Aid granted by the Spanish authorities in favour of certain professional football clubs - Preferential income tax rate applied to clubs authorised to benefit from the status of non-profit entity - Decision declaring the aid to be incompatible with the internal market - Freedom of establishment - Advantage)
(2019/C 139/44)
Language of the case: Spanish

Parties


Applicant: Fútbol Club Barcelona (Barcelona, Spain) (represented by initially, J. Roca Sagarra, J. del Saz Cordero, R. Vallina Hoset, A. Sellés Marco and C. Iglesias Megías, then J. Roca Sagarra, J. del Saz Cordero, R. Vallina Hoset and A. Sellés Marco, lawyers)

Defendant: European Commission (represented by: G. Luengo, B. Stromsky and P. Němečková, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: initially, A. Gavela Llopis and J. García-Valdecasas Dorrego, then A. Gavela Llopis, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of Commission Decision (EU) 2016/2391 of 4 July 2016 on the State aid SA.29769 (2013/C) (ex 2013/NN) implemented by Spain for certain football clubs (OJ 2016 L 357, p. 1).

Operative part of the judgment

The Court:






1.



Annuls Commission Decision (EU) 2016/2391 of 4 July 2016 on the State aid SA.29769 (2013/C) (ex 2013/NN) implemented by Spain for certain football clubs;











2.



Orders the European Commission to bear its own costs as well as those incurred by the Fútbol Club Barcelona;











3.



Orders the Kingdom of Spain to bear its own costs.







(1)  OJ C 30, 30.1.2017.
Action brought on 26 February 2019 by Nettbuss AS against Konkurrenten.no AS (Case E-1/17 Costs)
Date: 2019-02-26
Institutions: EFTA Court
Subjects: European Economic Area, Norway, State aid, bus, carriage of passengers, control of State aid, interest, legal expenses, reimbursement of aid, transport company








C_2019197EN.01003601.xml










13.6.2019   


EN


Official Journal of the European Union


C 197/36






Action brought on 26 February 2019 by Nettbuss AS against Konkurrenten.no AS
(Case E-1/17 Costs)
(2019/C 197/08)
An action against Konkurrenten.no AS was brought before the EFTA Court on 26 February 2019 by Nettbuss AS, represented by Camilla Borna Fossem of Advokatfirmaet Schjødt AS, Ruseløkkveien 14, NO-0201 Oslo, Norway.
The applicant asks that the Court make the following order:






1.


Konkurrenten.no will pay to Nettbuss AS the amount of NOK 442 125 (or equivalent in euro) in addition to the relevant default interest rates.




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






—


Konkurrenten.no AS brought an action against Decision No 179/15/COL of May 2015, by the EFTA Surveillance Authority, before the EFTA Court on 11 January 2017. The applicant was directly affected by ESA’s decision and applied for leave to intervene in the Case, E-1/17 Konkurrenten.no AS v EFTA Surveillance Authority. The applicant was granted leave to intervene by Order of the President on 12 July 2017.










—


Article 70(1) of the Rules of Procedure of the EFTA Court states.

‘If there is a dispute concerning the costs to be recovered, the Court shall, on application by the party concerned and after hearing the opposite party, make an order.’











—


In the Order of the Court in Case E-1/17, the EFTA Court ordered Konkurrenten.no AS to bear the costs incurred by the applicant.
Winding-up proceedings — Decision to start winding-up proceedings in respect of Elite Insurance Company Limited (Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))
Date: 2019-02-26
Institutions: European Commission
Subjects: Gibraltar, insurance company, judicial proceedings, liquidation








C_2019073EN.01000601.xml










26.2.2019   


EN


Official Journal of the European Union


C 73/6






Winding-up proceedings
Decision to start winding-up proceedings in respect of Elite Insurance Company Limited

(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II))

(2019/C 73/07)






Insurance undertaking







Elite Insurance Company Limited




Address of registered office:




Suite 23, Portland House




Glacis Road




GIBRALTAR








Date, entry into force and nature of decision


On 31 January 2019, the Supreme Court of Gibraltar made an order (with immediate effect) appointing Mr Steven Ryland, director of Elite Insurance Company Limited, to take steps to design and implement an arrangement under Part VIII Companies Act 2014 so that Elite Insurance Company Limited may realise its assets and distribute the proceeds of such realisation to the creditors, shareholders or members of the Company as appropriate to manage and run off its existing policyholder liabilities.
Entry into force: 31 January 2019




Competent authorities







Supreme Court of Gibraltar




The Law Courts




227 Main Street




GIBRALTAR








Supervisory authority







Gibraltar Financial Services Commission




Suite 3, Ground Floor




Atlantic Suites




Europort Avenue




PO Box 940




GIBRALTAR








Administrator appointed







Steven Ryland




Suite 23, Portland House




Glacis Road




GIBRALTAR








Applicable law


Gibraltar law
Insolvency Act 2011
Companies Act 2014
Joined Cases C-202/18 and C-238/18: Judgment of the Court (Grand Chamber) of 26 February 2019 — Ilmārs Rimšēvičs (C-202/18), European Central Bank (ECB) (C-238/18) v Republic of Latvia (European System of Central Banks — Action based on infringement of the second subparagraph of Article 14.2 of the Statute of the European System of Central Banks and of the European Central Bank — Decision of a national authority suspending the governor of the national central bank from office)
Date: 2019-02-26
Institutions: Court of Justice
Subjects: European System of Central Banks, central bank, dismissal








C_2019139EN.01001901.xml










15.4.2019   


EN


Official Journal of the European Union


C 139/19






Judgment of the Court (Grand Chamber) of 26 February 2019 — Ilmārs Rimšēvičs (C-202/18), European Central Bank (ECB) (C-238/18) v Republic of Latvia
(Joined Cases C-202/18 and C-238/18) (1)

(European System of Central Banks - Action based on infringement of the second subparagraph of Article 14.2 of the Statute of the European System of Central Banks and of the European Central Bank - Decision of a national authority suspending the governor of the national central bank from office)
(2019/C 139/18)
Language of the case: Latvian

Parties


Applicants: Ilmārs Rimšēvičs (represented by: S. Vārpiņš, M. Kvēps and I. Pazare, advokāti) (C-202/18), European Central Bank (ECB) (represented by: C. Zilioli, K. Kaiser and C. Kroppenstedt, acting as Agents, and by D. Sarmiento Ramírez-Escudero, abogado, and by V. Čuske-Jurjeva, advokāte) (C–238/18)

Defendant: Republic of Latvia (represented by: I. Kucina and J. Davidoviča, acting as Agents)

Operative part of the judgment

The Court:






1.


Joins Cases C-202/18 and C-238/18 for the purposes of the judgment;










2.


Annuls the decision of the Korupcijas novēršanas un apkarošanas birojs (Anti-Corruption Office, Latvia) of 19 February 2018 in so far as it prohibits Mr Ilmārs Rimšēvičs from performing his duties as Governor of the Central Bank of Latvia;










3.


Orders the Republic of Latvia to bear its own costs and to pay those incurred by the European Central Bank (ECB).






(1)  OJ C 161, 7.5.2018.
Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006 concerning restrictive measures against Belarus
Date: 2019-02-26
Institutions: Council of the European Union
Subjects: Belarus, EU restrictive measure, economic sanctions, international sanctions, natural person








C_2019073EN.01000301.xml










26.2.2019   


EN


Official Journal of the European Union


C 73/3






Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006 concerning restrictive measures against Belarus
(2019/C 73/04)
The following information is brought to the attention of the persons and entities designated in the Annex to Council Decision 2012/642/CFSP (1), as amended by Council Decision (CFSP) 2019/325 (2), and in Annex I to Council Regulation (EC) No 765/2006 (3), concerning restrictive measures against Belarus.
The Council of the European Union, after having reviewed the list of persons and entities designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision 2012/642/CFSP and Regulation (EC) No 765/2006 should continue to apply to those persons. The grounds for designations of those persons appear in the relevant entries in those Annexes.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The persons concerned may submit a request to the Council before 31 December 2019, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu




Any observations received will be taken into account for the purpose of the Council’s periodic review, pursuant to Article 8(2) of Decision 2012/642/CFSP and Article 8a(4) of Regulation (EC) No 765/2006, of the list of designated persons and entities.


(1)  OJ L 285, 17.10.2012, p. 1.

(2)  OJ L 57, 26.2.2019, p. 4.

(3)  OJ L 134, 20.5.2006, p. 1.
Euro exchange rates
Date: 2019-02-26
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019073EN.01000501.xml










26.2.2019   


EN


Official Journal of the European Union


C 73/5






Euro exchange rates (1)

25 February 2019
(2019/C 73/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1355 




JPY


Japanese yen


125,75 




DKK


Danish krone


7,4615 




GBP


Pound sterling


0,86828 




SEK


Swedish krona


10,5793 




CHF


Swiss franc


1,1351 




ISK


Iceland króna


135,70 




NOK


Norwegian krone


9,7620 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,653 




HUF


Hungarian forint


317,62 




PLN


Polish zloty


4,3360 




RON


Romanian leu


4,7643 




TRY


Turkish lira


6,0321 




AUD


Australian dollar


1,5831 




CAD


Canadian dollar


1,4924 




HKD


Hong Kong dollar


8,9122 




NZD


New Zealand dollar


1,6470 




SGD


Singapore dollar


1,5321 




KRW


South Korean won


1 269,19 




ZAR


South African rand


15,7583 




CNY


Chinese yuan renminbi


7,5952 




HRK


Croatian kuna


7,4290 




IDR


Indonesian rupiah


15 917,00 




MYR


Malaysian ringgit


4,6186 




PHP


Philippine peso


58,906 




RUB


Russian rouble


74,2508 




THB


Thai baht


35,513 




BRL


Brazilian real


4,2322 




MXN


Mexican peso


21,6424 




INR


Indian rupee


80,5315 






(1)  Source: reference exchange rate published by the ECB.