do-me/EUR-LEX huggingface dataset:
Case C-406/19 P: Appeal brought on 24 May 2019 by the European Commission against the judgment of the General Court (Seventh Chamber) delivered on 20 March 2019 in Case T-237/17, Spain v Commission
Date: 2019-05-24
Institutions: Court of Justice
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria, proof








C_2019280EN.01002501.xml










19.8.2019   


EN


Official Journal of the European Union


C 280/25






Appeal brought on 24 May 2019 by the European Commission against the judgment of the General Court (Seventh Chamber) delivered on 20 March 2019 in Case T-237/17, Spain v Commission
(Case C-406/19 P)
(2019/C 280/33)
Language of the case: Spanish

Parties


Appellant: European Commission (represented by: F. Castillo de la Torre and J. Aquilina, acting as agents)

Other party to the proceedings: Kingdom of Spain

Form of order sought

The Commission claims that the Court should set aside point 1 of the operative part of the judgment under appeal and dismiss the action at first instance or, alternatively, refer the case back to the General Court.

Single ground of appeal

The General Court erred in law in its allocation of the burden of proof in the context of the application of flat-rate corrections pursuant to Article 52(2) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008. (1)



(1)  OJ 2013 L 347, p. 549.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2019-05-24
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, hand tool








C_2019179EN.01000301.xml










24.5.2019   


EN


Official Journal of the European Union


C 179/3






Explanatory Notes to the Combined Nomenclature of the European Union
(2019/C 179/04)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 322, the following explanatory note is inserted:








‘8205 40 00




Screwdrivers

This subheading includes sets consisting of a screwdriver (without the tip) and interchangeable screwdriver bits, put up for retail sale. The sets are classified under this subheading (regardless of the number of the bits) by virtue of general rule 3(b) for the interpretation of the Combined Nomenclature. However, separately presented screwdriver bits are classified under subheading 8207 90 30.’







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2019-05-24
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, glass fibre, textile product








C_2019179EN.01000201.xml










24.5.2019   


EN


Official Journal of the European Union


C 179/2






Explanatory Notes to the Combined Nomenclature of the European Union
(2019/C 179/02)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 293, the following explanatory note is inserted:








‘7019 39 00




Other

This subheading includes multi-axial glass fibre fabrics which consist of separate layers of parallel glass filament yarns and where the layers are laid on top of one another at different angles. The layers are bound together with a synthetic thread by mechanical bonding. These fabrics are used, for example, in boat and ship building or for making blades for wind turbines.’







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.
Commission Implementing Regulation (EU) 2019/850 of 24 May 2019 amending for the 303rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
Date: 2019-05-24
Institutions: European Commission, Service for Foreign Policy Instruments
Subjects: EU restrictive measure, economic sanctions, international sanctions, natural person, terrorism








L_2019139EN.01000801.xml










27.5.2019   


EN


Official Journal of the European Union


L 139/8








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/850
of 24 May 2019
         
amending for the 303rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 21 May 2019, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day following that 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, 24 May 2019.


For the Commission,


On behalf of the President,


Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry under the heading ‘Natural persons’ is deleted: ‘Mazen Salah Mohammed (alias (a) Mazen Ali Hussein, (b) Issa Salah Muhamad). Date of birth: (a) 1.1.1982, (b) 1.1.1980. Place of birth: Baghdad, Iraq. Nationality: Iraqi. Passport No: German travel document (“Reiseausweis”) A 0144378 (revoked as at Sep.2012). Address: 94051 Hauzenberg, Germany. Date of designation referred to in Article 2a(4)(b): 6.12.2005.’
Information relating to the entry into force of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes
Date: 2019-05-24
Institutions: Council of the European Union
Subjects: Denmark, agreement (EU), application of EU law, biometrics, database management system, police cooperation, protocol to an agreement, right of asylum








L_2019138EN.01003001.xml










24.5.2019   


EN


Official Journal of the European Union


L 138/30







Information relating to the entry into force of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes

As the procedures necessary for the entry into force of the abovementioned Protocol (1) have been completed on 13 May 2019, this Protocol enters into force on 1 June 2019, in accordance with its Article 4(2).


(1)  Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes (see page 5 of this Official Journal).
Case C-413/19: Action brought on 24 May 2019 — European Commission v Republic of Slovenia
Date: 2019-05-24
Institutions: Court of Justice
Subjects: building services, energy consumption, energy efficiency, infringement procedure (EU), public building, public property








C_2019246EN.01001601.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/16






Action brought on 24 May 2019 — European Commission v Republic of Slovenia
(Case C-413/19)
(2019/C 246/16)
Language of the case: Slovenian

Parties


Applicant: European Commission (represented by: M. Kocjan and K. Talabér-Ritz)

Defendant: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:






—


declare that, by having limited the obligation to demonstrate energy performance to buildings owned or used by public authorities, the Republic of Slovenia has failed to fulfil its obligation under Article 13(2) of the Directive on the energy performance of buildings; (1)











—


order the Republic of Slovenia to pay the costs.





Pleas in law and main arguments

Under Article 13(2) of Directive (EU) 2010/31/EU, the Member States must require that where a total useful floor area over 500 m2 of a building for which an energy performance certificate has been issued in accordance with Article 12(1) is frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public. Since the Republic of Slovenia has imposed that requirement only for buildings owned or used by public bodies, the Commission has decided to bring an action before the Court.


(1)  Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ 2010 L 153, p. 13).
Commission Implementing Regulation (EU) 2019/911 of 24 May 2019 approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Costers del Segre (PDO))
Date: 2019-05-24
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Catalonia, Spain, designation of origin, fortified wine, labelling, product designation, red wine, rosé wine, sparkling wine, white wine








L_2019146EN.01000101.xml










5.6.2019   


EN


Official Journal of the European Union


L 146/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/911
of 24 May 2019
         
approving an amendment to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Costers del Segre (PDO))


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), and in particular Article 99 thereof,

Whereas:







(1)


The Commission has examined the application for the approval of an amendment to the specification for the Protected Designation of Origin ‘Costers del Segre’, sent by Spain in accordance with Article 105 of Regulation (EU) No 1308/2013.












(2)


The Commission has published the application for the approval of an amendment to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendment to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


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
The amendment to the specification published in the Official Journal of the European Union regarding the name ‘Costers del Segre’ (PDO) is hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that 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, 24 May 2019.


For the Commission

Phil HOGAN
            

Member of the Commission






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

(2)  
            OJ C 38, 31.1.2019, p. 6.
Non-opposition to a notified concentration (Case M.9307 — Onex/AEG/JV) (Text with EEA relevance.)
Date: 2019-05-24
Institutions: Directorate-General for Competition, European Commission
Subjects: culture industry, economic concentration, investment company, merger control, sporting event








C_2019188EN.01000102.xml










4.6.2019   


EN


Official Journal of the European Union


C 188/1






Non-opposition to a notified concentration
(Case M.9307 — Onex/AEG/JV)
(Text with EEA relevance)
(2019/C 188/02)
On 24 May 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 32019M9307. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.9319 — DP World/P&amp;O Group) (Text with EEA relevance.)
Date: 2019-05-24
Institutions: European Commission
Subjects: carriage of goods, carriage of passengers, economic concentration, harbour installation, logistics, maritime transport, merger control








C_2019179EN.01002001.xml










24.5.2019   


EN


Official Journal of the European Union


C 179/20






Prior notification of a concentration
(Case M.9319 — DP World/P&O Group)
(Text with EEA relevance)
(2019/C 179/10)

1.   
On 17 May 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:






—


DP World FZE (United Arab Emirates), belonging to DP World PLC group (‘DP World’, United Arab Emirates),










—


Dubai Ferries Holding FZE (‘P&O Group’, United Arab Emirates).




DP World acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole P&O Group.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for DP World: worldwide operation of marine terminals and provision of cargo handling services as well as the provision of maritime transportation services for containerised goods in Northern Europe and the Mediterranean,
—   for P&O Group: operation of cargo and passenger ferries in the United Kingdom, Ireland and Northern Europe (primarily Benelux & France) and the provision of freight forwarding and logistics services on a pan-European basis.


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.9319 — DP World/P&O Group
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-405/19: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 24 May 2019 — Vos Aannemingen BVBA v Belgische Staat
Date: 2019-05-24
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, expenditure, overheads, real estate business, sale, tax relief, taxpayer








C_2019288EN.01002501.xml










26.8.2019   


EN


Official Journal of the European Union


C 288/25






Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 24 May 2019 — Vos Aannemingen BVBA v Belgische Staat
(Case C-405/19)
(2019/C 288/32)
Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings


Appellant: Vos Aannemingen BVBA

Respondent: Belgische Staat

Questions referred







1.


Is Article 17 of Directive 77/388/EEC (1) to be interpreted as meaning that the fact that expenditure also benefits a third party — as is the case where, in connection with the sale of apartments, a project promoter pays advertising costs, administrative costs and estate agents’ commission, which also benefit the landowners — does not preclude the value added tax (VAT) charged on those costs from being fully deductible, provided that it is established that there is a direct and immediate link between the expenditure and the economic activity of the taxable person and that the advantage to the third party is of secondary importance compared to the requirements of the taxable person’s business?










2.


Does that principle apply also where the costs in question are not general costs but costs attributable to specific output transactions which may or may not be subject to VAT, such as in this case the sale, on the one hand, of apartments and, on the other, of land?










3.


Does the fact that the taxable person is able/entitled to pass on part of the expenditure to the third party whom the expenditure benefits, but does not do so, have any impact on the question of the deductibility of the VAT on those costs?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 April 2019 to 30 April 2019 (Decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC)
Date: 2019-05-24
Institutions: European Commission
Subjects: EU Member State, drug surveillance, market approval, marketing standard, medicinal product








C_2019180EN.01001601.xml










24.5.2019   


EN


Official Journal of the European Union


C 180/16






Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 April 2019 to 30 April 2019

(Decisions taken pursuant to Article 34 of Directive 2001/83/EC (1)
or Article 38 of Directive 2001/82/EC (2)
)

(2019/C 180/02)






—



Issuing, maintenance or modification of a national marketing authorisation















Date of the decision


Name(s) of the medicinal product


INN (International Non-Proprietary Name)


Holder(s) of the marketing authorisation


Member State concerned


Date of notification




2.4.2019


Angiotensin-II-receptor antagonists (sartans) containing a tetrazole group


sartan


Not applicable


Not applicable


3.4.2019






(1)  OJ L 311, 28.11.2001, p. 67.

(2)  OJ L 311, 28.11.2001, p. 1.
Euro exchange rates
Date: 2019-05-24
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019179EN.01000101.xml










24.5.2019   


EN


Official Journal of the European Union


C 179/1






Euro exchange rates (1)

23 May 2019
(2019/C 179/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1139 




JPY


Japanese yen


122,56 




DKK


Danish krone


7,4684 




GBP


Pound sterling


0,88100 




SEK


Swedish krona


10,7373 




CHF


Swiss franc


1,1224 




ISK


Iceland króna


138,40 




NOK


Norwegian krone


9,7543 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,821 




HUF


Hungarian forint


326,95 




PLN


Polish zloty


4,3064 




RON


Romanian leu


4,7606 




TRY


Turkish lira


6,8308 




AUD


Australian dollar


1,6199 




CAD


Canadian dollar


1,5000 




HKD


Hong Kong dollar


8,7424 




NZD


New Zealand dollar


1,7155 




SGD


Singapore dollar


1,5391 




KRW


South Korean won


1 327,41 




ZAR


South African rand


16,0935 




CNY


Chinese yuan renminbi


7,7058 




HRK


Croatian kuna


7,4265 




IDR


Indonesian rupiah


16 129,83 




MYR


Malaysian ringgit


4,6728 




PHP


Philippine peso


58,498 




RUB


Russian rouble


72,0525 




THB


Thai baht


35,639 




BRL


Brazilian real


4,5187 




MXN


Mexican peso


21,1883 




INR


Indian rupee


77,9150 






(1)  Source: reference exchange rate published by the ECB.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2019-05-24
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, glass








C_2019179EN.01000202.xml










24.5.2019   


EN


Official Journal of the European Union


C 179/2






Explanatory Notes to the Combined Nomenclature of the European Union
(2019/C 179/03)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 293:








7018 20 00




Glass microspheres not exceeding 1 mm in diameter






The following text is inserted after the existing text:


‘This subheading also includes hollow glass microspheres.’



(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.