do-me/EUR-LEX huggingface dataset:
Case C-312/19: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 16 April 2019 — XT v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Date: 2019-04-16
Institutions: Court of Justice
Subjects: VAT, legal status, partnership, real property, taxpayer, turnover








C_2019220EN.01001902.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/19






Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 16 April 2019 — XT v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
(Case C-312/19)
(2019/C 220/25)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Applicant: XT

Defendant: Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos

Questions referred







1.


Are Article 9(1) and Article 193 of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax to be interpreted as meaning that, in circumstances such as those in the case under consideration, a natural person such as the applicant cannot be regarded as having ‘independently’ carried out the (economic) activity in question and as having to pay by himself the value added tax on the contested supplies, that is to say, for the purposes of Article 9(1) and Article 193 of Directive 2006/112/EC, is the taxable person liable for the obligations at issue to be taken to be the joint activity/partnership (the participants in the joint activity collectively; in the instance under consideration, the applicant and his business partner collectively) — which under national law is not regarded as a taxable person and does not enjoy legal personality — and not solely a natural person such as the applicant?










2.


If the first question is answered in the affirmative, is Article 193 of Directive 2006/112/EC to be interpreted as meaning that, in circumstances such as those in the case under consideration, VAT is paid individually by each of the participants (in the instance under consideration, the applicant and his business partner) in the joint activity/partnership — which joint activity/partnership is, under national law, not regarded as constituting a taxable person and does not enjoy legal personality — on the part of each payment by way of consideration that is received by them (or is receivable by or owed to them) for the taxable supplies of immovable property? Is Article 287 of Directive 2006/112/EC to be interpreted as meaning that, in such circumstances such as those in this case, the annual turnover referred to in that provision is established by taking into account the entire revenue of the joint activity (received collectively by the participants in the joint activity)?






(1)  OJ 2006 L 347, p. 1.
Prior notification of a concentration (Case M.9279 — EPH/Uniper France) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-04-16
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy industry, energy supply, merger control, renewable energy








C_2019140EN.01001301.xml










16.4.2019   


EN


Official Journal of the European Union


C 140/13






Prior notification of a concentration
(Case M.9279 — EPH/Uniper France)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 140/09)

1.   
On 9 April 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:






—


Energeticky a Prumyslovy Holding (‘EPH’, Czech Republic),










—


Uniper France SAS (‘Uniper France’, France), controlled by Uniper SE.




EPH acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of Uniper France.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


EPH is a utility company with several activities including lignite mining, electricity and heat production, distribution and supply as well as gas transmission, distribution, storage and supply,










—


Uniper France is active in electricity production from both renewable and non-renewable sources, gas and electricity retail supply and the treatment of ash in France.






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.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


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.9279 — EPH/Uniper France
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’).

(2)  OJ C 366, 14.12.2013, p. 5.
European Parliament decision of 16 April 2019 on the nomination of Ivana Maletić as a Member of the Court of Auditors (C8-0116/2019 — 2019/0803(NLE))
Date: 2019-04-16
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, member of the Court of Auditors (EU)








C_2021158EN.01005001.xml










30.4.2021   


EN


Official Journal of the European Union


C 158/50






P8_TA(2019)0365
Nomination of a member of the Court of Auditors — Ivana Maletić
European Parliament decision of 16 April 2019 on the nomination of Ivana Maletić as a Member of the Court of Auditors (C8-0116/2019 — 2019/0803(NLE))
(Consultation)
(2021/C 158/14)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0116/2019),










—


having regard to Rule 121 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0195/2019),










A.


whereas, by letter of 5 March 2019, the Council consulted Parliament on the nomination of Ivana Maletić as a Member of the Court of Auditors;










B.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










C.


whereas at its meeting of 8 April 2019 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;












1.


Delivers a favourable opinion on the Council’s nomination of Ivana Maletić as a Member of the Court of Auditors;












2.


Instructs its President to forward this decision to the Council and, for information, to the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
European Parliament legislative resolution of 16 April 2019 on the draft Council decision on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (06929/2019 — C8-0133/2019 — 2018/0214(NLE))
Date: 2019-04-16
Institutions: Committee on Agriculture and Rural Development, Committee on International Trade, Committee on Legal Affairs, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: World Intellectual Property Organisation, accession to an agreement, consumer information, designation of origin, intellectual property, labelling, multilateral agreement, product designation, third country








C_2021158EN.01004201.xml










30.4.2021   


EN


Official Journal of the European Union


C 158/42






P8_TA(2019)0360
EU Accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications ***
European Parliament legislative resolution of 16 April 2019 on the draft Council decision on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (06929/2019 — C8-0133/2019 — 2018/0214(NLE))
(Consent)
(2021/C 158/09)

The European Parliament,






—


having regard to the draft Council decision (06929/2019),










—


having regard to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications signed in Geneva on 20 May 2015 (11510/2018),










—


having regard to the request for consent submitted by the Council in accordance with Article 207 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0133/2019),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Legal Affairs and the opinions of the Committee on International Trade and the Committee on the Environment, Public Health and Food Safety (A8-0187/2019),












1.


Gives its consent to the accession of the European Union to the Act;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 October 2018 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 319, 14.12.2018)
Date: 2019-04-16
Institutions: European Commission
Subjects: broker, carriage of goods, dual-use good, export (EU), export licence, export monitoring, intra-EU trade, trade restriction, transit








L_2019105EN.01006701.xml










16.4.2019   


EN


Official Journal of the European Union


L 105/67







Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 October 2018 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items

(
Official Journal of the European Union L 319 of 14 December 2018
)


On page 129, under item 3B001.f, points 3 and 4, the alignment of points is corrected:
for:






‘3.


Equipment specially designed for mask making having all of the following:






a.


A deflected focussed electron beam, ion beam or “laser” beam; and











b.


Having any of the following:






1.


A full-width half-maximum (FWHM) spot size smaller than 65 nm and an image placement less than 17 nm (mean + 3 sigma); or











2.


Not used;










3.


A second-layer overlay error of less than 23 nm (mean + 3 sigma) on the mask;










4.


Equipment designed for device processing using direct writing methods, having all of the following:






a.


A deflected focused electron beam; and











b.


Having any of the following:






1.


A minimum beam size equal to or smaller than 15 nm; or











2.


An overlay error less than 27 nm (mean + 3 sigma);’,




















read:






‘3.


Equipment specially designed for mask making having all of the following:






a.


A deflected focussed electron beam, ion beam or “laser” beam; and











b.


Having any of the following:






1.


A full-width half-maximum (FWHM) spot size smaller than 65 nm and an image placement less than 17 nm (mean + 3 sigma); or











2.


Not used;










3.


A second-layer overlay error of less than 23 nm (mean + 3 sigma) on the mask;


















4.


Equipment designed for device processing using direct writing methods, having all of the following:






a.


A deflected focused electron beam; and











b.


Having any of the following:






1.


A minimum beam size equal to or smaller than 15 nm; or











2.


An overlay error less than 27 nm (mean + 3 sigma);’.
Case C-317/19 P: Appeal brought on 16 April 2019 by ND(*), OE(*) against the order of the General Court (Sixth Chamber) delivered on 27 February 2019 in Case T-581/18, ND(*) e OE(*) v Commission
Date: 2019-04-16
Institutions: Court of Justice
Subjects: EU national, European official, equal treatment, remuneration of work, social-security benefit, social-security harmonisation




C_2019357EN.01000402.xml










21.10.2019   


EN


Official Journal of the European Union


C 357/4






Appeal brought on 16 April 2019 by  ND (*1),  OE (*1) against the order of the General Court (Sixth Chamber) delivered on 27 February 2019 in Case T-581/18,  ND (*1) e  OE (*1) v Commission
(Case C-317/19 P)
(2019/C 357/06)
Language of the case: French

Parties


Appellants: ND (*1),  OE (*1) (represented by: A. Bove, lawyer)

Other party to the proceedings: European Commission
By order of 3 September 2019, the Court (Sixth Chamber) dismissed the appeal.


(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.
European Parliament decision of 16 April 2019 on the nomination of Viorel Ştefan as a Member of the Court of Auditors (C8-0049/2019 — 2019/0802(NLE))
Date: 2019-04-16
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, member of the Court of Auditors (EU)








C_2021158EN.01004901.xml










30.4.2021   


EN


Official Journal of the European Union


C 158/49






P8_TA(2019)0364
Nomination of a member of the Court of Auditors — Viorel Ştefan
European Parliament decision of 16 April 2019 on the nomination of Viorel Ştefan as a Member of the Court of Auditors (C8-0049/2019 — 2019/0802(NLE))
(Consultation)
(2021/C 158/13)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0049/2019),










—


having regard to Rule 121 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0194/2019),










A.


whereas, by letter of 14 February 2019, the Council consulted Parliament on the nomination of Viorel Ştefan as a Member of the Court of Auditors;










B.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










C.


whereas at its meeting of 8 April 2019 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;












1.


Delivers an unfavourable opinion on the Council’s nomination of Viorel Ştefan as a Member of the Court of Auditors;












2.


Instructs its President to forward this decision to the Council and, for information, to the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
European Parliament legislative resolution of 16 April 2019 on the draft Council decision on the conclusion on behalf of the European Union of the International Agreement on Olive Oil and Table Olives, 2015 (06781/2019 — C8-0134/2019 –2017/0107(NLE))
Date: 2019-04-16
Institutions: Committee on Agriculture and Rural Development, Committee on International Trade, European Parliament
Subjects: agreement (EU), commodity agreement, interim agreement (EU), olive, olive oil, ratification of an agreement








C_2021158EN.01004801.xml










30.4.2021   


EN


Official Journal of the European Union


C 158/48






P8_TA(2019)0363
International Agreement on olive oil and table olives ***
European Parliament legislative resolution of 16 April 2019 on the draft Council decision on the conclusion on behalf of the European Union of the International Agreement on Olive Oil and Table Olives, 2015 (06781/2019 — C8-0134/2019 –2017/0107(NLE))
(Consent)
(2021/C 158/12)

The European Parliament,






—


having regard to the draft Council decision (06781/2019),










—


having regard to the draft International Agreement on Olive Oil and Table Olives, 2015 (11178/2016),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0134/2019),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Agriculture and Rural Development (A8-0186/2019),












1.


Gives its consent to conclusion of the Agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Case C-311/19: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 16 April 2019 — BONVER WIN, a. s. v Ministerstvo financí
Date: 2019-04-16
Institutions: Court of Justice
Subjects: EU Member State, freedom to provide services, local legislation, municipality, national law, provision of services, service








C_2019213EN.01001901.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/19






Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 16 April 2019 — BONVER WIN, a. s. v Ministerstvo financí
(Case C-311/19)
(2019/C 213/18)
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Appellant: BONVER WIN, a. s.

Respondent: Ministerstvo financí

Questions referred







1.


Does Article 56 et seq. of the Treaty on the Functioning of the European Union apply to national legislation (a binding measure of general application in the form of a municipal decree) prohibiting a certain service in part of one municipality, simply because some of the customers of a service provider affected by that legislation may come or do come from another Member State of the European Union?
If so, is a mere assertion of the possible presence of customers from another Member State sufficient to trigger the applicability of Article 56 of the Treaty on the Functioning of the European Union, or is the service provider obliged to prove the actual provision of services to customers who come from other Member States?










2.


Is it of any relevance to the answer to the first question that:






(a)


the potential restriction on the freedom to provide services is significantly limited in both geographical and substantive terms (potential applicability of a de minimis exception);










(b)


it does not appear that the national legislation regulates in a different manner, in law or in fact, the position of entities providing services primarily to citizens of other Member States of the European Union, on the one hand, and that of entities focusing on a domestic clientele, on the other?