do-me/EUR-LEX huggingface dataset:
Case T-99/18: Judgment of the General Court of 8 May 2019 — Stamatopoulos v ENISA (Civil service — Members of the temporary staff — Recruitment — Vacancy notice — Appointment to a post of head of unit — Rejection of application — Duty to state reasons — Manifest error of assessment — Equal treatment — Transparency — Liability)
Date: 2019-05-08
Institutions: General Court
Subjects: administrator, competition (EU), equal treatment, indemnification, job vacancy, recruitment, servant (EU), transparency in decision-making








C_2019230EN.01003701.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/37






Judgment of the General Court of 8 May 2019 — Stamatopoulos v ENISA
(Case T-99/18) (1)

(Civil service - Members of the temporary staff - Recruitment - Vacancy notice - Appointment to a post of head of unit - Rejection of application - Duty to state reasons - Manifest error of assessment - Equal treatment - Transparency - Liability)
(2019/C 230/46)
Language of the case: English

Parties


Applicant: Grigorios Stamatopoulos (Athens, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Union Agency for Network and Information Security (represented by: A. Ryan, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Action brought under Article 270 TFEU, first, for annulment of ENISA’s decision of 25 July 2017 rejecting the applicant’s application for the position of Head of Finance and Procurement and, second, for compensation for the harm allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr Grigorios Stamatopoulos to pay the costs.







(1)  OJ C 134, 16.4.2018.
Decision of the EEA Joint Committee No 122/2019 of 8 May 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2020]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, market approval, plant health control, plant health product, revision of an agreement




L_2022279EN.01002601.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/26








            DECISION OF THE EEA JOINT COMMITTEE No 122/2019
of 8 May 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2020]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2018/1865 of 28 November 2018 concerning the non-renewal of approval of the active substance propiconazole, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Chapter XV of Annex II to the EEA Agreement shall be amended as follows:






1.


The following indent is added in point 13a (Commission Implementing Regulation (EU) No 540/2011):






‘—



32018 R 1865: Commission Implementing Regulation (EU) 2018/1865 of 28 November 2018 (OJ L 304, 29.11.2018, p. 6).’














2.


The following point is inserted after point 13zzzzzzzzzm (Commission Implementing Regulation (EU) 2018/1917):






‘13zzzzzzzzzn.



32018 R 1865: Commission Implementing Regulation (EU) 2018/1865 of 28 November 2018 concerning the non-renewal of approval of the active substance propiconazole, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 304, 29.11.2018, p. 6).’










Article 2
The text of Implementing Regulation 2018/1865 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 304, 29.11.2018, p. 6.

(*)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 117/2019 of 8 May 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2015]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, chemical product, market approval, marketing standard, plant health control, plant health product, revision of an agreement




L_2022279EN.01001501.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/15








            DECISION OF THE EEA JOINT COMMITTEE No 117/2019
of 8 May 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2015]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2019/157 of 6 November 2018 amending Annex II to Delegated Regulation (EU) No 1062/2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 12nza (Commission Delegated Regulation (EU) No 1062/2014) of Chapter XV of Annex II to the EEA Agreement:






‘—



32019 R 0157: Commission Delegated Regulation (EU) 2019/157 of 6 November 2018 (OJ L 31, 1.2.2019, p. 1).’






Article 2
The text of Delegated Regulation (EU) 2019/157 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 31, 1.2.2019, p. 1.

(*)  No constitutional requirements indicated.
Case C-712/17: Judgment of the Court (First Chamber) of 8 May 2019 (request for a preliminary ruling from the Commissione tributaria regionale di Lombardia — Italy) — EN.SA. Srl v Agenzia delle Entrate — Direzione Regionale Lombardia Ufficio Contenzioso (Reference for a preliminary ruling — Value added tax (VAT) — Fictitious transactions — Impossibility of deducting the tax — Obligation on the issuer of an invoice to pay the VAT indicated thereon — Fine in an amount equal to the amount of the improperly deducted VAT — Whether compatible with the principles of VAT neutrality and proportionality)
Date: 2019-05-08
Institutions: Court of Justice
Subjects: VAT, electrical energy, fine, invoicing, principle of proportionality, sale, tax collection, tax relief, taxpayer








C_2019230EN.01001001.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/10






Judgment of the Court (First Chamber) of 8 May 2019 (request for a preliminary ruling from the Commissione tributaria regionale di Lombardia — Italy) — EN.SA. Srl v Agenzia delle Entrate — Direzione Regionale Lombardia Ufficio Contenzioso
(Case C-712/17) (1)

(Reference for a preliminary ruling - Value added tax (VAT) - Fictitious transactions - Impossibility of deducting the tax - Obligation on the issuer of an invoice to pay the VAT indicated thereon - Fine in an amount equal to the amount of the improperly deducted VAT - Whether compatible with the principles of VAT neutrality and proportionality)
(2019/C 230/11)
Language of the case: Italian

Referring court

Commissione tributaria regionale di Lombardia

Parties to the main proceedings


Appellant: EN.SA. Srl

Respondent: Agenzia delle Entrate — Direzione Regionale Lombardia Ufficio Contenzioso

Operative part of the judgment







1.


In a situation, such as that at issue in the main proceedings, in which fictitious circular sales of electricity made between the same traders and for the same amounts did not cause tax losses, Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in the light of the principles of neutrality and proportionality, must be interpreted as not precluding national legislation which excludes the right to deduct value added tax (VAT) relating to fictitious transactions while requiring the persons who enter VAT on an invoice to pay that tax, including for a fictitious transaction, provided that national law allows the tax liability arising from that obligation to be adjusted when the issuer of that invoice, who was not acting in good faith, has, in sufficient time, wholly eliminated the risk of any loss of tax revenue, this being a matter for the referring court to ascertain.










2.


The principles of proportionality and neutrality of value added tax (VAT) must be interpreted as precluding, in a situation such as that at issue in the main proceedings, a rule of national law under which the unlawful deduction of VAT is penalised by a fine equal to the amount of the deduction made.






(1)  OJ C 112, 26.3.2018.
Case T-553/15: Judgment of the General Court of 8 May 2019 — Export Development Bank of Iran v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Compensation for the damage allegedly sustained by the applicant following the inclusion and maintenance of the applicant’s name on the list of persons and entities subject to the freezing of funds and economic resources at issue — Jurisdiction of the General Court — Sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2019-05-08
Institutions: General Court
Subjects: EU restrictive measure, Iran, damages, economic sanctions, international sanctions, legal person








C_2019220EN.01003101.xml










1.7.2019   


EN


Official Journal of the European Union


C 220/31






Judgment of the General Court of 8 May 2019 — Export Development Bank of Iran v Council
(Case T-553/15) (1)

(Non-contractual liability - Common foreign and security policy - Restrictive measures against Iran - Freezing of funds - Compensation for the damage allegedly sustained by the applicant following the inclusion and maintenance of the applicant’s name on the list of persons and entities subject to the freezing of funds and economic resources at issue - Jurisdiction of the General Court - Sufficiently serious breach of a rule of law conferring rights on individuals)
(2019/C 220/39)
Language of the case: French

Parties


Applicant: Export Development Bank of Iran (Tehran, Iran) (represented by: J.-M. Thouvenin, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and M. Bishop, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: A. Aresu and R. Tricot, acting as Agents)

Re:

Application based on Article 268 TFEU seeking compensation for the damage allegedly sustained by the applicant as a result of the restrictive measures adopted against it.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Export Development Bank of Iran to bear its own costs and pay those incurred by the Council of the European Union.











3.



Orders the European Commission to bear its own costs.







(1)  OJ C 398, 30.11.2015.
Decision of the EEA Joint Committee No 111/2019 of 8 May 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2009]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: Community certification, European Economic Area, agricultural vehicle, market supervision, revision of an agreement, safety device, safety standard, technical specification, technical standard, tractor




L_2022279EN.01000701.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/7








            DECISION OF THE EEA JOINT COMMITTEE No 111/2019
of 8 May 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2009]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2018/830 of 9 March 2018 amending Annex I to Regulation (EU) No 167/2013 of the European Parliament and of the Council and Commission Delegated Regulation (EU) No 1322/2014 as regards the adaptation of the vehicle construction and general requirements for the approval of agricultural and forestry vehicles (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 40 (Regulation (EU) No 167/2013 of the European Parliament and of the Council) of Chapter II of Annex II to the EEA Agreement:






‘—



32018 R 0830: Commission Delegated Regulation (EU) 2018/830 of 9 March 2018 (OJ L 140, 6.6.2018, p. 15).’






Article 2
The text of Delegated Regulation (EU) 2018/830 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 140, 6.6.2018, p. 15.

(*)  No constitutional requirements indicated.
Case C-53/18: Judgment of the Court (Second Chamber) of 8 May 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Antonio Pasquale Mastromartino v Commissione Nazionale per le Società e la Borsa (Consob) (Reference for a preliminary ruling — Markets in financial instruments — Directive 2004/39/EC — Articles 8, 23, 50 and 51 — Scope — Financial adviser authorised to provide offsite services — Staff member who has become a defendant in criminal proceedings — National legislation providing for the possibility of temporarily prohibiting the exercise of the activity — Fundamental freedoms — Purely internal situation — Not applicable)
Date: 2019-05-08
Institutions: Court of Justice
Subjects: EU financial instrument, equal treatment, financial occupation, financial services, freedom to provide services, fundamental rights, principle of proportionality, provision of services, right of establishment








C_2019230EN.01001201.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/12






Judgment of the Court (Second Chamber) of 8 May 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Antonio Pasquale Mastromartino v Commissione Nazionale per le Società e la Borsa (Consob)
(Case C-53/18) (1)

(Reference for a preliminary ruling - Markets in financial instruments - Directive 2004/39/EC - Articles 8, 23, 50 and 51 - Scope - Financial adviser authorised to provide offsite services - Staff member who has become a defendant in criminal proceedings - National legislation providing for the possibility of temporarily prohibiting the exercise of the activity - Fundamental freedoms - Purely internal situation - Not applicable)
(2019/C 230/13)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings


Applicant: Antonio Pasquale Mastromartino

Defendant: Commissione Nazionale per le Società e la Borsa (Consob)

Operative part of the judgment

Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC, as amended by Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010, in particular Articles 8, 23, 50 and 51 thereof, Articles 49 and 56 TFEU and the principles of non-discrimination and proportionality must be interpreted as meaning that, in circumstances such as those at issue in the main proceedings, a temporary prohibition on exercising the activity of financial adviser authorised to provide offsite services falls neither within the scope of that directive, nor that of Articles 49 and 56 TFEU or that of the principles of non-discrimination and proportionality. In such circumstances, Articles 8, 23, 50 and 51 of that directive, Articles 49 and 56 TFEU and the principles of non-discrimination and proportionality do not preclude such a prohibition.


(1)  OJ C 142, 23.4.2018.
Case C-450/17 P: Judgment of the Court (First Chamber) of 8 May 2019 — Landeskreditbank Baden-Württemberg — Förderbank v European Central Bank, European Commission (Appeal — Economic and monetary policy — Regulation (EU) No 1024/2013 — Article 6(4) — Regulation (EU) No 468/2014 — Article 70(1) — Prudential supervision of credit institutions — Tasks conferred on the European Central Bank (ECB) — Single supervisory mechanism — Performance of those tasks by the national competent authorities — ‘Less significant’ credit institution — ‘Particular circumstances’ justifying a credit institution being considered ‘less significant’)
Date: 2019-05-08
Institutions: Court of Justice
Subjects: EU banking union, banking supervision, credit institution, economic policy, financial supervision, monetary policy, powers of the institutions (EU)








C_2019230EN.01000501.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/5






Judgment of the Court (First Chamber) of 8 May 2019 — Landeskreditbank Baden-Württemberg — Förderbank v European Central Bank, European Commission
(Case C-450/17 P) (1)

(Appeal - Economic and monetary policy - Regulation (EU) No 1024/2013 - Article 6(4) - Regulation (EU) No 468/2014 - Article 70(1) - Prudential supervision of credit institutions - Tasks conferred on the European Central Bank (ECB) - Single supervisory mechanism - Performance of those tasks by the national competent authorities - ‘Less significant’ credit institution - ‘Particular circumstances’ justifying a credit institution being considered ‘less significant’)
(2019/C 230/05)
Language of the case: German

Parties


Appellant: Landeskreditbank Baden-Württemberg — Förderbank (represented by: A. Glos, T. Lübbig and M. Benzing, Rechtsanwälte)

Other parties to the proceedings: European Central Bank (represented by: E. Koupepidou and R. Bax, acting as Agents, and by H.-G. Kamann, Rechtsanwalt), European Commission (represented by: W. Mölls and K.-P. Wojcik, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Landeskreditbank Baden-Württemberg — Förderbank to pay the costs.






(1)  OJ C 293, 4.9.2017.
Decision of the EEA Joint Committee No 116/2019 of 8 May 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2014]
Date: 2019-05-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, exchange of information, industrial counterfeiting, labelling, medicinal product, pharmaceutical legislation, revision of an agreement, technical specification




L_2022279EN.01001401.xml










27.10.2022   


EN


Official Journal of the European Union


L 279/14








            DECISION OF THE EEA JOINT COMMITTEE No 116/2019
of 8 May 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2014]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2016/161 of 2 October 2015 supplementing Directive 2001/83/EC of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 15qe (Commission Directive (EU) 2017/1572) of Chapter XIII of Annex II to the EEA Agreement:






‘15qf.



32016 R 0161: Commission Delegated Regulation (EU) 2016/161 of 2 October 2015 supplementing Directive 2001/83/EC of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use (OJ L 32, 9.2.2016, p. 1).’






Article 2
The text of Delegated Regulation (EU) 2016/161 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 June 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 May 2019.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 32, 9.2.2016, p. 1.

(*)  No constitutional requirements indicated.
Case C-243/18 P: Judgment of the Court (First Chamber) of 8 May 2019 — European Joint Undertaking for ITER and the Development of Fusion for Energy v Yosu Galocha (Appeal — Civil service — Officials — Competition — Judgment annulling a decision — Extent of the annulment — Weighing up of interests involved — Annulment of reserve lists — Annulment of the decisions to appoint successful candidates from those lists)
Date: 2019-05-08
Institutions: Court of Justice
Subjects: European official, appointment of staff, competition (EU)








C_2019230EN.01001502.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/15






Judgment of the Court (First Chamber) of 8 May 2019 — European Joint Undertaking for ITER and the Development of Fusion for Energy v Yosu Galocha
(Case C-243/18 P) (1)

(Appeal - Civil service - Officials - Competition - Judgment annulling a decision - Extent of the annulment - Weighing up of interests involved - Annulment of reserve lists - Annulment of the decisions to appoint successful candidates from those lists)
(2019/C 230/18)
Language of the case: Spanish

Parties


Appellant: European Joint Undertaking for ITER and the Development of Fusion for Energy (represented by: G. Poszler and R. Hanak, acting as Agents)

Other party to the proceedings: Yosu Galocha (represented by: A. Asmaryan Degtyareva, abogada)

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders the European Joint Undertaking for ITER and the Development of Fusion for Energy to bear its own costs.






(1)  OJ C 249, 16.7.2018.