do-me/EUR-LEX huggingface dataset:
Opinion 1/17: Opinion of the Court (Full Court) of 30 April 2019 — Kingdom of Belgium (Opinion pursuant to Article 218(11) TFEU — Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (CETA) — Investor-State Dispute Settlement (ISDS) — Establishment of a Tribunal and an Appellate Tribunal — Compatibility with primary EU law — Requirement to respect the autonomy of the EU legal order — Level of protection of public interests determined, in accordance with the EU constitutional framework, by the EU institutions — Equal treatment of Canadian investors and EU investors — Charter of Fundamental Rights of the European Union — Article 20 — Access to the above Tribunals and their independence — Article 47 of the Charter — Financial accessibility — Commitment to guarantee that accessibility for natural persons and small and medium-sized enterprises — External and internal aspects of the requirement of independence — Appointment, remuneration and ethics of the Members — Role of the CETA Joint Committee — Binding interpretations of the CETA determined by that Committee)
Date: 2019-04-30
Institutions: Court of Justice
Subjects: Canada, EU law, economic agreement, equal treatment, international investment, right to justice, settlement of disputes, trade agreement, trade agreement (EU), trade dispute








C_2019220EN.01000201.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/2






Opinion of the Court (Full Court) of 30 April 2019 — Kingdom of Belgium
(Opinion 1/17) OJ C 369, 30.10.2017.
(Opinion pursuant to Article 218(11) TFEU - Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (CETA) - Investor-State Dispute Settlement (ISDS) - Establishment of a Tribunal and an Appellate Tribunal - Compatibility with primary EU law - Requirement to respect the autonomy of the EU legal order - Level of protection of public interests determined, in accordance with the EU constitutional framework, by the EU institutions - Equal treatment of Canadian investors and EU investors - Charter of Fundamental Rights of the European Union - Article 20 - Access to the above Tribunals and their independence - Article 47 of the Charter - Financial accessibility - Commitment to guarantee that accessibility for natural persons and small and medium-sized enterprises - External and internal aspects of the requirement of independence - Appointment, remuneration and ethics of the Members - Role of the CETA Joint Committee - Binding interpretations of the CETA determined by that Committee)
(2019/C 220/02)
Language of the case: all the official languages

Applicant

Kingdom of Belgium (represented by: C. Pochet, L. Van den Broeck, M. Jacobs and J.-C. Halleux, acting as Agents)

Operative part of the Opinion

Section F of Chapter Eight of the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part, signed in Brussels on 30 October 2016, is compatible with EU primary law.
Case T-746/18: Order of the General Court of 30 April 2019 — Bronckers v Commission
Date: 2019-04-30
Institutions: General Court
Subjects: Mexico, access to EU information, product designation, spirits, trade agreement (EU)








C_2019213EN.01008501.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/85






Order of the General Court of 30 April 2019 — Bronckers v Commission
(Case T-746/18) (1)

(2019/C 213/85)
Language of the case: English
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 72, 25.2.2019.
Case T-280/19: Action brought on 30 April 2019 — Highgate Capital Management v Commission
Date: 2019-04-30
Institutions: General Court
Subjects: State aid, aid for restructuring, bank, control of State aid, rights of the defence








C_2019213EN.01007301.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/73






Action brought on 30 April 2019 — Highgate Capital Management v Commission
(Case T-280/19)
(2019/C 213/70)
Language of the case: English

Parties


Applicant: Highgate Capital Management LLP (London, United Kingdom) (represented by: M. Struys, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission decision rejecting the applicant’s complaint (Case SA.53105 — Alleged aid to Eurobank Ergasias through sale of Piraeus Bank Bulgaria) at least insofar as it relates to the breaches of the restructuring commitments in Case SA.43364 and Case SA.43363;










—


order the Commission to bear the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission’s decision breached essential procedural requirements and violated the following:






—


Article 24(2) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union, (1) and point 72 of the Code of Best Practices for the Conduct of State Aid Control Procedures; (2)











—


the applicant’s right to be heard;










—


the duty to state reasons, protected under Article 296 of the Treaty on the Functioning of the European Union and Article 41(2) of the Charter of Fundamental Rights of the European Union;










—


the applicant’s right to appeal, protected under Article 47 of the Charter of Fundamental Rights of the European Union.














2.


Second plea in law, alleging that the Commission incorrectly concluded that (i) the commitments given in Case SA.43364 in relation to the State aid received by Piraeus Bank, and (ii) the commitments given in Case SA.43363 in relation to the State aid received by Eurobank Ergasias, did not apply ratione temporis since the closing of the sale of Piraeus Bank Bulgaria will take place after 31 December 2018.






(1)  OJ 2015 L 248, p. 9.

(2)  OJ 2018 C 253, p. 14.
Case T-543/18: Order of the General Court of 30 April 2019 — XK v Commission
Date: 2019-04-30
Institutions: General Court
Subjects: European official, allowances and expenses, children's rights, education grant, equal treatment, pay, principle of legal certainty, principle of proportionality, right to education, school fees








C_2019213EN.01008302.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/83






Order of the General Court of 30 April 2019 — XK v Commission
(Case T-543/18) (1)

(2019/C 213/80)
Language of the case: French
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 399, 5.11.2018.
Case T-571/18: Order of the General Court of 30 April 2019 — YR v Commission
Date: 2019-04-30
Institutions: General Court
Subjects: European official, allowances and expenses, children's rights, education grant, equal treatment, pay, principle of legal certainty, principle of proportionality, right to education, school fees








C_2019213EN.01008402.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/84






Order of the General Court of 30 April 2019 — YR v Commission
(Case T-571/18) (1)

(2019/C 213/83)
Language of the case: French
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 408, 12.11.2018.
Case T-754/17: Judgment of the General Court of 30 April 2019 — Chambre de commerce et d’industrie métropolitaine Bretagne-Ouest (port de Brest) v Commission (State aid — General corporate tax exemption scheme implemented by France in favour of its ports — Decision declaring the aid scheme incompatible with the internal market — Existing aid — Concept of economic activity — Services of general interest — Principle of sound administration — Duty to state reasons — Error of assessment)
Date: 2019-04-30
Institutions: General Court
Subjects: France, State aid, control of State aid, corporation tax, economic activity, harbour installation, restriction on competition, tax exemption








C_2019220EN.01003602.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/36






Judgment of the General Court of 30 April 2019 — Chambre de commerce et d’industrie métropolitaine Bretagne-Ouest (port de Brest) v Commission
(Case T-754/17) (1)

(State aid - General corporate tax exemption scheme implemented by France in favour of its ports - Decision declaring the aid scheme incompatible with the internal market - Existing aid - Concept of economic activity - Services of general interest - Principle of sound administration - Duty to state reasons - Error of assessment)
(2019/C 220/46)
Language of the case: French

Parties


Applicant: Chambre de commerce et d’industrie métropolitaine Bretagne-Ouest (port de Brest) (Brest, France) (represented by: J. Vanden Eynde and E. Wauters, lawyers)

Defendant: European Commission (represented by: B. Stromsky and S. Noë, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of Commission Decision (EU) 2017/2116 of 27 July 2017 on aid scheme SA.38398 (2016/C, ex 2015/E) implemented by France — Taxation of ports in France (OJ 2017, L 332, p. 24).

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders the chambre de commerce et d’industrie métropolitaine Bretagne-Ouest (port de Brest) to pay the costs.







(1)  OJ C 42, 5.2.2018.
Case C-343/19: Request for a preliminary ruling from the Landesgericht Klagenfurt (Austria) lodged on 30 April 2019 — Verein für Konsumenteninformation v Volkswagen AG
Date: 2019-04-30
Institutions: Court of Justice
Subjects: civil procedure, damage, enforcement of ruling, financial loss, judicial cooperation in civil matters in the EU, jurisdiction, private international law








C_2019230EN.01002201.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/22






Request for a preliminary ruling from the Landesgericht Klagenfurt (Austria) lodged on 30 April 2019 — Verein für Konsumenteninformation v Volkswagen AG
(Case C-343/19)
(2019/C 230/27)
Language of the case: German

Referring court

Landesgericht Klagenfurt

Parties to the main proceedings


Applicant: Verein für Konsumenteninformation

Defendant and respondent: Volkswagen AG

Question referred

Is point 2 of Article 7 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) to be interpreted as meaning that, in a situation such as that in the main proceedings, the ‘place where the harmful event occurred’ may be construed as the place in a Member State where the damage occurred, when that damage consists exclusively of financial damage that is the direct result of an unlawful act committed in another Member State?


(1)  OJ 2012 L 351, p. 1.
Case C- 351/19 P: Appeal brought on 30 April 2019 by Bruno Gollnisch against the order of the General Court (First Chamber) of 28 February 2019 in Case T-375/18, Gollnisch v Parliament
Date: 2019-04-30
Institutions: Court of Justice
Subjects: EP delegation, Japan, Member of Parliament, indemnification, interparliamentary delegation, official visit








C_2019399EN.01002002.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/20






Appeal brought on 30 April 2019 by Bruno Gollnisch against the order of the General Court (First Chamber) of 28 February 2019 in Case T-375/18, Gollnisch v Parliament
(Case C- 351/19 P)
(2019/C 399/24)
Language of the case: French

Parties


Appellant: Bruno Gollnisch (represented by B. Bonnefoy-Claudet, avocat)

Other party to the proceedings: European Parliament
By order of 3 October 2019, the Court of Justice (Eighth Chamber) dismissed the appeal.
Decision of the Court of Justice of 30 April 2019 on official holidays and judicial vacations
Date: 2019-04-30
Institutions: Court of Justice
Subjects: holiday, operation of the Institutions, public holiday




C_2019156EN.01000401.xml










7.5.2019   


EN


Official Journal of the European Union


C 156/4






DECISION OF THE COURT OF JUSTICE
of 30 April 2019
on official holidays and judicial vacations
(2019/C 156/06)
THE COURT
having regard to Article 24(2), (4) and (6) of the Rules of Procedure,
whereas, under Article 24(4) and (6) of those Rules, the Court is to observe the official holidays of the place in which it has its seat and the list of those official holidays is to be published annually in the Official Journal of the European Union,
whereas the Decision of the Court of Justice of 12 February 2019 on official holidays and judicial vacations was published in the Official Journal of the European Union on 18 March 2019 (1),
whereas, since that decision was published, 9 May (Europe Day) has been declared an official holiday in the Grand Duchy of Luxembourg from 2019 (2),
whereas it is necessary, in consequence, to amend the aforementioned decision to include that date in the list of the official holidays of the place in which the Court has its seat,
HAS ADOPTED THIS DECISION:

Article 1
The list of official holidays within the meaning of Article 24(4) and (6) of the Rules of Procedure is established as follows:






—


New Year’s Day,










—


Easter Monday,










—


1 May,










—


9 May,










—


Ascension,










—


Whit Monday,










—


23 June,










—


15 August,










—


1 November,










—


25 December,










—


26 December.






Article 2
For the period from 1 November 2019 to 31 October 2020, the dates of the judicial vacations within the meaning of Article 24(2) and (6) of the Rules of Procedure are as follows:






—


Christmas 2019: from Monday 23 December 2019 to Sunday 12 January 2020 inclusive,










—


Easter 2020: from Monday 6 April 2020 to Sunday 19 April 2020 inclusive,










—


Summer 2020: from Thursday 16 July 2020 to Monday 31 August 2020 inclusive.






Article 3
This Decision shall replace the Decision of 12 February 2019. It shall enter into force on the day of its publication in the Official Journal of the European Union.


Luxembourg, 30 April 2019.


Registrar

A. CALOT ESCOBAR



President

K. LENAERTS




(1)  C 103, 18.3.2019, p. 2.

(2)  Loi du 25 avril 2019, portant modification des articles L. 232-2 et L. 233-4 du Code du travail ainsi que de l’article 28-1 de la loi modifiée du 16 avril 1979 fixant le statut général des fonctionnaires de l’État (Law of 25 April 2019 amending Articles L. 232-2 and L. 233-4 of the Labour Code and Article 28-1 of the amended Law of 16 April 1979 laying down the general regulations applicable to State officials), Mémorial A 271 of 26 April 2019, p. 1.
Case T-282/19: Action brought on 30 April 2019 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Filotas Bellas & Yios ((Halloumi χαλλούμι Vermion grill cheese M BELAS PREMIUM GREEK DAIRY SINCE 1927)
Date: 2019-04-30
Institutions: General Court
Subjects: EU trade mark, foodstuff, meat, milk product, processed food product, registered trade mark, trade-mark law








C_2019213EN.01007501.xml










24.6.2019   


EN


Official Journal of the European Union


C 213/75






Action brought on 30 April 2019 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Filotas Bellas & Yios ((Halloumi χαλλούμι Vermion grill cheese M BELAS PREMIUM GREEK DAIRY SINCE 1927)
(Case T-282/19)
(2019/C 213/72)
Language of the case: English

Parties


Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz QC (Queen’s Counsel), S. Baran, Barrister, and V. Marsland, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Filotas Bellas & Yios AE (Alexandreia Imathias, Greece)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 — European Union trade mark No 12 172 276

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 15 February 2019 in Case R 2295/2017-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the Defendant to bear its own costs and pay those of the Applicant for Annulment.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 59(1)(b) of (EU) 2017/1001 of the European Parliament and of the Council.
Euro exchange rates
Date: 2019-04-30
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019149EN.01000301.xml










30.4.2019   


EN


Official Journal of the European Union


C 149/3






Euro exchange rates (1)

29 April 2019
(2019/C 149/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1150 




JPY


Japanese yen


124,64 




DKK


Danish krone


7,4652 




GBP


Pound sterling


0,86340 




SEK


Swedish krona


10,6113 




CHF


Swiss franc


1,1379 




ISK


Iceland króna


136,20 




NOK


Norwegian krone


9,6883 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,682 




HUF


Hungarian forint


322,64 




PLN


Polish zloty


4,2944 




RON


Romanian leu


4,7517 




TRY


Turkish lira


6,6207 




AUD


Australian dollar


1,5825 




CAD


Canadian dollar


1,5028 




HKD


Hong Kong dollar


8,7460 




NZD


New Zealand dollar


1,6730 




SGD


Singapore dollar


1,5191 




KRW


South Korean won


1 294,00 




ZAR


South African rand


15,9947 




CNY


Chinese yuan renminbi


7,5067 




HRK


Croatian kuna


7,4173 




IDR


Indonesian rupiah


15 833,00 




MYR


Malaysian ringgit


4,6089 




PHP


Philippine peso


58,114 




RUB


Russian rouble


71,9802 




THB


Thai baht


35,624 




BRL


Brazilian real


4,3849 




MXN


Mexican peso


21,1267 




INR


Indian rupee


77,8635 






(1)  Source: reference exchange rate published by the ECB.
Case C-347/19: Action brought on 30 April 2019 — European Commission v Kingdom of Spain
Date: 2019-04-30
Institutions: Court of Justice
Subjects: energy consumption, energy efficiency, energy saving, energy use, infringement of EU law, national implementing measure








C_2019238EN.01001001.xml










15.7.2019   


EN


Official Journal of the European Union


C 238/10






Action brought on 30 April 2019 — European Commission v Kingdom of Spain
(Case C-347/19)
(2019/C 238/13)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: K. Talabér-Ritz and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:






—


declare that, in accordance with Article 258 of the Treaty on the Functioning of the European Union, by not adopting national provisions on the installation of individual measuring devices for the consumption of heating, cooling and hot water in buildings, in accordance with Article 9(3) of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, (1) the Kingdom of Spain has failed to fulfil its obligations under the abovementioned provisions of Directive 2012/27/EU;










—


order the Kingdom of Spain to pay the costs.





Plea in law and main argument

The Commission submits that the Kingdom of Spain has not adopted national provisions on the installation of individual measuring devices for the consumption of heating, cooling and hot water in buildings, in accordance with Article 9(3) of Directive 2012/27/EU.


(1)  OJ 2012 L 315, p. 1.
Case C-26/19: Order of the Court of Justice (Seventh Chamber) of 30 April 2019 (request for preliminary ruling from the Commissione tributaria provinciale di Modena — Italy) — Azienda USL di Modena v Comune di Sassuolo (Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — State aid — National health service — Exemption from property tax — Immovable property leased to a commercial company constituted with blended capital active in the health sector in competition with other healthcare establishments exclusively constituted with private capital)
Date: 2019-04-30
Institutions: Court of Justice
Subjects: State aid, State health service, business lease, control of State aid, health care, local tax, medical centre, property tax, public limited company, tax exemption








C_2019288EN.01001001.xml










26.8.2019   


EN


Official Journal of the European Union


C 288/10






Order of the Court of Justice (Seventh Chamber) of 30 April 2019 (request for preliminary ruling from the Commissione tributaria provinciale di Modena — Italy) — Azienda USL di Modena v Comune di Sassuolo
(Case C-26/19) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court - State aid - National health service - Exemption from property tax - Immovable property leased to a commercial company constituted with blended capital active in the health sector in competition with other healthcare establishments exclusively constituted with private capital)
(2019/C 288/12)
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Modena

Parties to the main proceedings


Applicant: Azienda USL di Modena

Defendant: Comune di Sassuolo

Operative part of the order

The request for a preliminary ruling made by the Commissione tributaria provinciale di Modena (Provincial Tax Court, Modena, Italy), by decision of 25 October 2018, is manifestly inadmissible.


(1)  OJ C 164, 13.5.2019.
Case T-747/17: Judgment of the General Court of 30 April 2019. — UPF v Commission (State aid — Corporate tax exemption scheme implemented by France in favour of its ports — Decision declaring the aid scheme incompatible with the internal market — Existing aid — Concept of economic activity — Obligation to state reasons — Distortions of competition and effect on trade between Member States — Principle of sound administration)
Date: 2019-04-30
Institutions: General Court
Subjects: France, State aid, control of State aid, corporation tax, economic activity, harbour installation, restriction on competition, tax exemption








C_2019220EN.01003601.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/36






Judgment of the General Court of 30 April 2019. — UPF v Commission
(Case T-747/17) (1)

(State aid - Corporate tax exemption scheme implemented by France in favour of its ports - Decision declaring the aid scheme incompatible with the internal market - Existing aid - Concept of economic activity - Obligation to state reasons - Distortions of competition and effect on trade between Member States - Principle of sound administration)
(2019/C 220/45)
Language of the case: French

Parties


Applicant: Union des Ports de France — UPF (Paris, France) (represented by C. Vannini and E. Moraïtou, lawyers)

Defendant: European Commission (represented by B. Stromsky and S. Noë, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking annulment of Commission Decision (EU) 2017/2116 of 27 July 2017 on aid scheme SA.38398 (2016/C, ex 2015/E) implemented by France — Taxation of ports in France (OJ 2017 L 332, p. 24).

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders the Union des ports de France — UPF to pay the costs.







(1)  OJ C 32, 29.1.2018.