do-me/EUR-LEX huggingface dataset:
Case C-462/18 P: Order of the Court (Fourth Chamber) of 21 March 2019 — Mylène Troszczynski v European Parliament (Appeal — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid)
Date: 2019-03-21
Institutions: Court of Justice
Subjects: Member of the European Parliament, Secretary General of an Institution, abuse of power, debt, equal treatment, parliamentary allowance, political rights, proof, rights of the defence, servant (EU)








C_2019220EN.01001501.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/15






Order of the Court (Fourth Chamber) of 21 March 2019 — Mylène Troszczynski v European Parliament
(Case C-462/18 P) (1)

(Appeal - European Parliament - Rules governing the expenses and allowances of Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid)
(2019/C 220/19)
Language of the case: French

Parties


Appellant: Mylène Troszczynski (represented by: F. Wagner, avocat)

Other party to the proceedings: European Parliament (represented by S. Seyr and C. Burgos, acting as Agents)

Operative part of the order







1.


The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.










2.


Ms Mylène Troszczynski shall pay the costs.






(1)  OJ C 364, 8.10.2018
Case C-702/17: Judgment of the Court (First Chamber) of 21 March 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Unareti SpA v Ministero dello Sviluppo Economico and Others (Reference for a preliminary ruling — Internal market in natural gas — Public service distribution concessions — Early cessation of concessions at the end of a transitional period — Reimbursement by the incoming concessionaire to the outgoing concessionaire — Principle of legal certainty)
Date: 2019-03-21
Institutions: Court of Justice
Subjects: competition policy, concessionaire, consumer protection, energy distribution, energy grid, gas supply, principle of legal certainty, provision of services, service concession








C_2019187EN.01002301.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/23






Judgment of the Court (First Chamber) of 21 March 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Unareti SpA v Ministero dello Sviluppo Economico and Others
(Case C-702/17) (1)

(Reference for a preliminary ruling - Internal market in natural gas - Public service distribution concessions - Early cessation of concessions at the end of a transitional period - Reimbursement by the incoming concessionaire to the outgoing concessionaire - Principle of legal certainty)
(2019/C 187/26)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Unareti SpA

Defendants: Ministero dello Sviluppo Economico, Presidenza del Consiglio dei Ministri — Dipartimento per gli Affari Regionali, Autorità Garante per l’Energia Elettrica il Gas e il Sistema Idrico — Sede di Milano, Presidenza del Consiglio dei Ministri — Conferenza Stato Regioni ed Unificata — Ministero per gli affari regionali — Dipartimento per gli affari regionali e le autonomie, Conferenza Unificata Stato Regioni e Enti Locali

Operative part of the judgment

EU law on public service concessions, read in the light of the principle of legal certainty, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which amends the basic criteria for the calculation of the reimbursement to which holders of natural gas distribution concessions award without be put out for tender on account of the early termination of those concessions in order to award them again after being put out for tender.


(1)  OJ C 112, 26.3.2018.
Case T-470/18: Order of the General Court of 21 March 2019 — Telenet v Commission
Date: 2019-03-21
Institutions: General Court
Subjects: Belgium, broadcasting, domestic market, regulation of telecommunications, wholesale trade








C_2019164EN.01006102.xml










13.5.2019   


EN


Official Journal of the European Union


C 164/61






Order of the General Court of 21 March 2019 — Telenet v Commission
(Case T-470/18) (1)

(2019/C 164/65)
Language of the case: English
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 364, 8.10.2018.
Case C-330/18: Order of the Court (Fourth Chamber) of 21 March 2019 — Bruno Gollnisch v European Parliament (Appeal — European Parliament — Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid)
Date: 2019-03-21
Institutions: Court of Justice
Subjects: Secretary General of an Institution, criminal proceedings, equal treatment, indemnification, parliamentary allowance, political discrimination, principle of legal certainty, principle of proportionality, proof, rights of the defence








C_2019220EN.01001401.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/14






Order of the Court (Fourth Chamber) of 21 March 2019 — Bruno Gollnisch v European Parliament
(Case C-330/18) (1)

(Appeal - European Parliament - Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid)
(2019/C 220/18)
Language of the case: French

Parties


Applicant: Bruno Gollnisch (represented by: B. Bonnefoy-Claudet, lawyer)

Other party to the proceedings: European Parliament (represented by: S. Seyr and C. Burgos, acting as Agents)

Operative part of the order







1.


The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.










2.


Bruno Gollnisch is ordered to pay the costs.






(1)  OJ C 240, 9.7.2018.
Commission Implementing Regulation (EU) 2019/465 of 21 March 2019 on the minimum selling price for skimmed milk powder for the 34th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2019-03-21
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2019080EN.01002501.xml










22.3.2019   


EN


Official Journal of the European Union


L 80/25








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/465
of 21 March 2019
         
on the minimum selling price for skimmed milk powder for the 34th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the 34th partial invitation to tender, a minimum selling price should be fixed.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the 34th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 19 March 2019, the minimum selling price shall be 164,10 EUR/100 kg.


Article 2
This Regulation shall enter into force on the day 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, 21 March 2019.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).
Prior notification of a concentration (Case M.9064 — Telia Company/Bonnier Broadcasting Holding) (Text with EEA relevance.)
Date: 2019-03-21
Institutions: European Commission
Subjects: economic concentration, mass media, merger control, provision of services, telecommunications








C_2019107EN.01001101.xml










21.3.2019   


EN


Official Journal of the European Union


C 107/11






Prior notification of a concentration
(Case M.9064 — Telia Company/Bonnier Broadcasting Holding)
(Text with EEA relevance)
(2019/C 107/06)

1.   
On 15 March 2019, 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:






—


Telia Company AB (Sweden),










—


Bonnier Broadcasting Holding AB (Sweden).




Telia Company AB acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Bonnier Broadcasting Holding AB.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Telia Company AB: provision of mobile and fixed telecommunications services, broadband and television services, and wholesale network access (carrier services),
—   for Bonnier Broadcasting Holding AB: provision of television services and production of news and other journalism content.


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.9064 — Telia Company/Bonnier Broadcasting Holding
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’).
Case C-247/19: Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 6 de Ceuta (Spain) lodged on 21 March 2019 — HC and ID v Banco Bilbao Vizcaya Argentaria, S.A.
Date: 2019-03-21
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, real estate credit, unfair terms of contract








C_2019246EN.01000601.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/6






Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 6 de Ceuta (Spain) lodged on 21 March 2019 — HC and ID v Banco Bilbao Vizcaya Argentaria, S.A.
(Case C-247/19)
(2019/C 246/06)
Language of the case: Spanish

Referring court

Juzgado de Primera Instancia e Instrucción No 6 de Ceuta

Parties to the main proceedings


Applicants: HC, ID

Defendant: Banco Bilbao Vizcaya Argentaria, S.A.

Questions referred







1.


Whether, under Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, (1) in particular Articles 6(1) and 7(1) of the directive, the following ruling is compliant with EU law in order to ensure protection for consumers and users and compliance with the relevant case-law: the ruling by the Supreme Court in judgments 44 to 49 of 23 January 2019, which establishes the unambiguous criterion that a term in a consumer mortgage loan agreement that has not been negotiated and that stipulates that all the costs of arranging the mortgage are to be borne by the borrower is unfair, and which apportions the various expenses that are involved in the unfair term found to be void between the bank that imposed the term and the borrower, in order to limit repayments of amounts wrongly paid under national legislation.
And whether, under Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, in particular Articles 6(1) and 7(1) of the directive, in order to ensure protection for consumers and users and compliance with the relevant case-law, it is compliant with EU law for the Supreme Court to adopt an inclusive interpretation of a term that is void for unfairness if the term can be severed and its effects abolished without affecting the continued existence of the mortgage loan agreement.










2.


Also, whether, as regards Article 394 of the Ley de Enjuiciamiento Civil, (2) which establishes the principle that the costs of proceedings are to be borne by the unsuccessful party, it can be held that where an unfair expenses clause is declared void but the effects of voiding the term are limited to apportioning the expenses in question, it is contrary to the EU legal principles of effectiveness and the non-binding nature of unfair terms to conclude that a claim has been upheld in part, and whether such a conclusion could be interpreted as producing an inverse deterrent effect, which thus fails to protect the legitimate interests of consumers and users.






(1)  OJ 1993 L 95, p. 29.

(2)  Law on Civil Procedure.
Joined Cases C-119/18 to C-121/18: Order of the Court (Ninth Chamber) of 21 March 2019 (requests for a preliminary ruling from the Audiencia Nacional, Sala de lo Contencioso-Administrativo — Spain) — Telefónica Móviles España SAU (C-119/18), Orange España SAU (C-120/18), Vodafone España SAU (C-121/18) v Tribunal Económico-Administrativo Central (Reference for a preliminary ruling — Directive 2002/20/EC — Article 6(1),and part A of the annex — Authorisation of electronic communications networks and services — Telecommunications operators — Operating in an area greater than an Autonomous Community — Annual financial contribution — Participation in the financing of the Corporación de Radio y Televisión Española)
Date: 2019-03-21
Institutions: Court of Justice
Subjects: Spain, audiovisual communications policy, broadcasting, financing, quasi-fiscal charge, regulation of telecommunications, transmission network








C_2019220EN.01001301.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/13






Order of the Court (Ninth Chamber) of 21 March 2019 (requests for a preliminary ruling from the Audiencia Nacional, Sala de lo Contencioso-Administrativo — Spain) — Telefónica Móviles España SAU (C-119/18), Orange España SAU (C-120/18), Vodafone España SAU (C-121/18) v Tribunal Económico-Administrativo Central
(Joined Cases C-119/18 to C-121/18) (1)

(Reference for a preliminary ruling - Directive 2002/20/EC - Article 6(1),and part A of the annex - Authorisation of electronic communications networks and services - Telecommunications operators - Operating in an area greater than an Autonomous Community - Annual financial contribution - Participation in the financing of the Corporación de Radio y Televisión Española)
(2019/C 220/17)
Language of the case: Spanish

Referring court

Audiencia Nacional, Sala de lo Contencioso-Administrativo

Parties to the main proceedings


Applicants: Telefónica Móviles España SAU (C-119/18), Orange España SAU (C-120/18), Vodafone España SAU (C-121/18)

Defendant: Tribunal Económico-Administrativo Central

Operative part of the order

Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), must be interpreted as meaning that an annual financial contribution, such as that at issue in the main proceedings, imposed on telecommunications companies operating in Spain that operate in an area greater than that of an Autonomous Community, for the purpose of participating in the financing of public broadcasting, does not fall within the scope of that directive.


(1)  OJ C 161, 7.5.2018.
Case C-127/17: Judgment of the Court (Fourth Chamber) of 21 March 2019 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Transport — Directive 96/53/EC — International traffic — Vehicles complying with the limit values for weights and dimensions laid down in that directive — Use of such vehicles, which were registered or put into circulation in one Member State, on the territory of another Member State — Special permit regime — Articles 3 and 7 — 2003 Act of Accession — Transitional arrangements — Point 8.3 of Annex XII)
Date: 2019-03-21
Institutions: Court of Justice
Subjects: commercial vehicle, common transport policy, infringement procedure (EU), inland transport, international transport, road network, transport company, weight and size








C_2019187EN.01000701.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/7






Judgment of the Court (Fourth Chamber) of 21 March 2019 — European Commission v Republic of Poland
(Case C-127/17) (1)

(Failure of a Member State to fulfil obligations - Transport - Directive 96/53/EC - International traffic - Vehicles complying with the limit values for weights and dimensions laid down in that directive - Use of such vehicles, which were registered or put into circulation in one Member State, on the territory of another Member State - Special permit regime - Articles 3 and 7 - 2003 Act of Accession - Transitional arrangements - Point 8.3 of Annex XII)
(2019/C 187/08)
Language of the case: Polish

Parties


Applicant: European Commission (represented by: J. Hottiaux and W. Mölls, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, M. Kamejsza-Kozłowska and J. Sawicka, acting as Agents, and by J. Waszkiewicz, expert)

Operative part of the judgment

The Court:






1.


Declares that, by imposing on transport undertakings a requirement to be in possession of special permits in order to be able to circulate on certain public roads, the Republic of Poland has failed to fulfil its obligations under the combined provisions of Articles 3 and 7 of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic, as amended by Directive (EU) 2015/719 of the European Parliament and of the Council of 29 April 2015, read in conjunction with points 3.1 and 3.4 of Annex I to Directive 96/53;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 151, 15.5.2017.
Case C-443/17: Judgment of the Court (Fourth Chamber) of 21 March 2019 (request for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Abraxis Bioscience LLC v Comptroller General of Patents (Reference for a preliminary ruling — Medicinal product for human use — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Article 3(d) — Conditions for granting — Grant of first authorisation to place the product on the market as a medicinal product — Authorisation covering a product as a medicinal product constituting a new formulation of a known active ingredient)
Date: 2019-03-21
Institutions: Court of Justice
Subjects: drug surveillance, market approval, medicinal product, patent








C_2019187EN.01001501.xml










3.6.2019   


EN


Official Journal of the European Union


C 187/15






Judgment of the Court (Fourth Chamber) of 21 March 2019 (request for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Abraxis Bioscience LLC v Comptroller General of Patents
(Case C-443/17) (1)

(Reference for a preliminary ruling - Medicinal product for human use - Supplementary protection certificate for medicinal products - Regulation (EC) No 469/2009 - Article 3(d) - Conditions for granting - Grant of first authorisation to place the product on the market as a medicinal product - Authorisation covering a product as a medicinal product constituting a new formulation of a known active ingredient)
(2019/C 187/16)
Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings


Applicant: Abraxis Bioscience LLC

Defendant: Comptroller General of Patents

Operative part of the judgment

Article 3(d) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, read in conjunction with Article 1(b) of that regulation, must be interpreted as meaning that the marketing authorisation referred to in Article 3(b) of that regulation, relied on in support of an application for a supplementary protection certificate concerning a new formulation of an old active ingredient, cannot be regarded as being the first marketing authorisation for the product concerned as a medicinal product in the case where that active ingredient has already been the subject of a marketing authorisation as an active ingredient.


(1)  OJ C 309, 18.9.2017.