do-me/EUR-LEX huggingface dataset:
Case T-273/18: Judgment of the General Court of 5 June 2019 — Bernaldo de Quirós v Commission (Civil service — Officials — Disciplinary measures — Disciplinary procedure — Acts contrary to the dignity of the civil service — Administrative investigation — Mandate given to IDOC — Principle of impartiality — Principle of good administration — Rights of the defence — Disciplinary procedure — Principle of equality of arms — Disciplinary penalty of a reprimand — Proportionality — Non-material damage)
Date: 2019-06-05
Institutions: General Court
Subjects: European official, administrative sanction, damage, disciplinary proceedings, principle of proportionality, right to justice, rights of the defence








C_2019255EN.01004201.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/42






Judgment of the General Court of 5 June 2019 — Bernaldo de Quirós v Commission
(Case T-273/18) (1)

(Civil service - Officials - Disciplinary measures - Disciplinary procedure - Acts contrary to the dignity of the civil service - Administrative investigation - Mandate given to IDOC - Principle of impartiality - Principle of good administration - Rights of the defence - Disciplinary procedure - Principle of equality of arms - Disciplinary penalty of a reprimand - Proportionality - Non-material damage)
(2019/C 255/54)
Language of the case: French

Parties


Applicant: Belén Bernaldo de Quirós (Brussels, Belgium) (represented by M. Casado García-Hirschfeld, lawyer)

Defendant: European Commission (represented by G. Berscheid, B. Mongin and R. Striani, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking, first, annulment of Commission decision of 6 July 2017 imposing the penalty of a reprimand on the applicant under Article 9(1)(b) of Annex IX to the Staff Regulations of Officials of the European Union, and, where appropriate, of the decision of 31 January 2018 rejecting the applicant’s complaint against that decision and, secondly, compensation for the harm allegedly suffered by the applicant following those decisions.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Ms Belén Bernaldo de Quirós to pay the costs.







(1)  OJ C 240, 9.7.2018.
Case T-616/17 RENV: Judgment of the General Court of 5 June 2019 — Siragusa v Council (Civil service — Officials — Leaving the service — Request to retire — Amendment of the Staff Regulations after that request had been made — Withdrawal of an earlier decision — Liability)
Date: 2019-06-05
Institutions: General Court
Subjects: European official, amendment of a law, early retirement, indemnification, retirement conditions, staff regulations (EU)








C_2019255EN.01003402.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/34






Judgment of the General Court of 5 June 2019 — Siragusa v Council
(Case T-616/17 RENV) (1)

(Civil service - Officials - Leaving the service - Request to retire - Amendment of the Staff Regulations after that request had been made - Withdrawal of an earlier decision - Liability)
(2019/C 255/44)
Language of the case: French

Parties


Applicant: Sergio Siragusa (Brussels, Belgium) (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: initially, M. Bauer and M. Veiga, then M. Bauer and R. Meyer, Agents)

Intervener in support of the defendant: European Parliament (represented by: initially, M. Rantala and Í. Ní Riagáin Düro, then I. Lázaro Bentacor and C. González Argüelles, Agents)

Re:

Application on the basis of Article 270 TFEU and seeking, first, the annulment of the Council’s decision of 12 November 2014 withdrawing the Council’s earlier decision approving the applicant’s request of 11 July 2013 for early retirement and, secondly, compensation in respect of the material and non-material harm allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Council of the European Union of 12 November 2014 withdrawing the Council’s earlier decision approving Mr Sergio Siragusa’s request of 11 July 2013 for early retirement;











2.



Orders the Council to pay Mr Siragusa the sum of EUR 5 000, together with default interest, to be calculated as from the date of delivery of the present judgment is delivered and until full payment, at the rate fixed by the European Central Bank (ECB) for its main refinancing operations, increased by two percentage points;











3.



Dismisses the claim for damages as to the remainder











4.



Declares that the Council is to bear its own costs and orders it to pay those incurred by Mr Siragusa, including those relating to Case F-124/15 and Case T-678/16 P;











5.



Declares that the European Parliament is to bear its own costs, including those relating to Case F-124/15 and Case T-678/16 P.







(1)  OJ C 414, 14.12.2015 (Case initially registered before the European Union Civil Service Tribunal under number F-124/15 and transferred to the General Court of the European Union on 1.9.2016).
Case T-433/15: Judgment of the General Court of 5 June 2019 — Bank Saderat v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Restriction on admission to the territory of the Member States — Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue — Sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2019-06-05
Institutions: General Court
Subjects: EU restrictive measure, Iran, economic sanctions, fundamental rights, indemnification, international sanctions, legal person








C_2019255EN.01003001.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/30






Judgment of the General Court of 5 June 2019 — Bank Saderat v Council
(Case T-433/15) (1)

(Non-contractual liability - Common foreign and security policy - Restrictive measures against Iran - Freezing of funds - Restriction on admission to the territory of the Member States - Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue - Sufficiently serious breach of a rule of law conferring rights on individuals)
(2019/C 255/38)
Language of the case: English

Parties


Applicant: Bank Saderat plc (London, United Kingdom) (represented by: S. Jeffrey, S. Ashley, A. Irvine, Solicitors, M. Demetriou QC, and R. Blakeley, Barrister)

Defendant: Council of the European Union (represented by: initially M. Bishop and N. Rouam, and subsequently M. Bishop and H. Marcos Fraile, Agents)

Intervener in support of the defendant: European Commission (represented by: initially M. Konstantinidis and D. Gauci, and subsequently M. Konstantinidis, A. Tizzano and C. Zadra, Agents)

Re:

Application based on Article 268 TFEU for compensation for the damage allegedly sustained by the applicant as a result of the inclusion of its name on the list of designated persons and entities in Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1), Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007 (OJ 2010 L 281, p. 1), and Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Bank Saderat plc to bear its own costs and to pay those incurred by the Council of the European Union;











3.



Orders the European Commission to bear its own costs







(1)  OJ C 320, 28.9.2015.
Corrigendum to the Opinion of the European Economic and Social Committee on the role of Domestic Advisory Groups in monitoring the implementation of Free Trade Agreements [COM(2018) 329 final — 2018/0164 (CNS)] (OJ C 159, 10.5.2019)
Date: 2019-06-05
Institutions: European Economic and Social Committee, Section for Economic and Monetary Union and Economic and Social Cohesion
Subjects: European tax cooperation, VAT, administrative formalities, business tax, carriage of goods, goods and services, intra-EU trade, provision of services, tax harmonisation, tax system








C_2019190EN.01005501.xml










5.6.2019   


EN


Official Journal of the European Union


C 190/55






Corrigendum to the Opinion of the European Economic and Social Committee on the role of Domestic Advisory Groups in monitoring the implementation of Free Trade Agreements [COM(2018) 329 final — 2018/0164 (CNS)]

(
Official Journal of the European Union C 159 of 10 May 2019
)
(2019/C 190/12)
On the cover, in the table of contents, and on page 38:







for:



‘Opinion of the European Economic and Social Committee on the role of Domestic Advisory Groups in monitoring the implementation of Free Trade Agreements [COM(2018) 329 final — 2018/0164 (CNS)]’,





read:



‘Opinion of the European Economic and Social Committee on the “Proposal for a Council Directive amending Directive 2006/112/EC as regards the introduction of the detailed technical measures for the operation of the definitive VAT system for the taxation of trade between Member States”(COM(2018) 329 final — 2018/0164 (CNS))’.
New national side of euro coins intended for circulation
Date: 2019-06-05
Institutions: European Commission
Subjects: France, commemoration, euro, issuing of currency








C_2019189EN.01004101.xml










5.6.2019   


EN


Official Journal of the European Union


C 189/41






New national side of euro coins intended for circulation
(2019/C 189/09)


National side of the new commemorative 2-euro coin intended for circulation and issued by France

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: France


Subject of commemoration
: The 60th anniversary of Asterix


Description of the design
: For 60 years, Asterix has been a true icon of the French culture. Created in 1959 by scenarist René Goscinny and cartoonist Albert Uderzo, this character embodies the Frenchman with his smartness and sharpness through the Gallic identity. Apart from its artistic line, depicting contemporary society with humour has brought Asterix a great international fame for many years. Since its inception, it has been translated into all the languages of the European Union meeting a huge success. The reputation of Asterix is for example as strong in Germany as in France. It has also been very well established in the United Kingdom, the Netherlands, Spain, Portugal, Italy and Scandinavia for many years. Beyond the French icon, Asterix has become a true figure of the European 9th art.
The design represents Asterix in profile wearing his famous winged helmet. He is surrounded by laurels and Roman inscriptions referring to his 60 years. At the top is the inscription ‘ASTERIX’ and underneath the indication of the issuing country ‘RF’ (standing for République Française). The year of issuance ‘2019’ is inscribed at the bottom, together with the French mintmark and mintmaster mark.
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 310 000 coins


Date of issue
: 28 May 2019

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Euro exchange rates
Date: 2019-06-05
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019189EN.01003901.xml










5.6.2019   


EN


Official Journal of the European Union


C 189/39






Euro exchange rates (1)

4 June 2019
(2019/C 189/07)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1244 




JPY


Japanese yen


121,62 




DKK


Danish krone


7,4679 




GBP


Pound sterling


0,88738 




SEK


Swedish krona


10,6260 




CHF


Swiss franc


1,1178 




ISK


Iceland króna


139,30 




NOK


Norwegian krone


9,7860 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,744 




HUF


Hungarian forint


322,00 




PLN


Polish zloty


4,2802 




RON


Romanian leu


4,7353 




TRY


Turkish lira


6,5295 




AUD


Australian dollar


1,6116 




CAD


Canadian dollar


1,5111 




HKD


Hong Kong dollar


8,8143 




NZD


New Zealand dollar


1,7062 




SGD


Singapore dollar


1,5396 




KRW


South Korean won


1 330,90 




ZAR


South African rand


16,4791 




CNY


Chinese yuan renminbi


7,7686 




HRK


Croatian kuna


7,4210 




IDR


Indonesian rupiah


15 992,34 




MYR


Malaysian ringgit


4,6886 




PHP


Philippine peso


58,207 




RUB


Russian rouble


73,3390 




THB


Thai baht


35,188 




BRL


Brazilian real


4,3638 




MXN


Mexican peso


22,1603 




INR


Indian rupee


77,8740 






(1)  Source: reference exchange rate published by the ECB.
Case C-429/19: Request for a preliminary ruling from the Oberlandesgericht Koblenz (Germany) lodged on 5 June 2019 — Remondis GmbH v Abfallzweckverband Rhein-Mosel-Eifel
Date: 2019-06-05
Institutions: Court of Justice
Subjects: award of contract, public procurement, waste disposal








C_2019288EN.01003101.xml










26.8.2019   


EN


Official Journal of the European Union


C 288/31






Request for a preliminary ruling from the Oberlandesgericht Koblenz (Germany) lodged on 5 June 2019 — Remondis GmbH v Abfallzweckverband Rhein-Mosel-Eifel
(Case C-429/19)
(2019/C 288/38)
Language of the case: German

Referring court

Oberlandesgericht Koblenz

Parties to the main proceedings


Applicant and appellant: Remondis GmbH

Defendant and respondent: Abfallzweckverband Rhein-Mosel-Eifel

Other party: Landkreis Neuwied

Question referred

Is Article 12(4)(a) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (1) to be interpreted as meaning that cooperation does indeed exist if a contracting authority responsible for waste disposal within its territory performs a disposal task — which is incumbent on it under national law and for the performance of which several operations are required — not entirely by itself, but rather commissions another contracting authority that is independent of it and is likewise responsible for waste disposal within its territory to carry out one of the necessary operations in return for consideration?


(1)  OJ 2014 L 94, p. 65.
Case C-244/19: Order of the President of the Court of 5 June 2019 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — GB v Decker KFZ-Handels u. -Reparatur GmbH, Volkswagen AG
Date: 2019-06-05
Institutions: Court of Justice
Subjects: combustion gases, consumer goods, consumer protection, engine, environmental standard, motor vehicle, motor vehicle pollution, producer's liability, purchase, vehicle parts








C_2019288EN.01004001.xml










26.8.2019   


EN


Official Journal of the European Union


C 288/40






Order of the President of the Court of 5 June 2019 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — GB v Decker KFZ-Handels u. -Reparatur GmbH, Volkswagen AG
(Case C-244/19) (1)

(2019/C 288/52)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 182, 27.5.2019.
Case T-272/18: Judgment of the General Court of 5 June 2019 — EBM Technologies v EUIPO (MobiPACS) (EU trade mark — Application for EU word mark MobiPACS — Absolute ground for refusal — Slogan — Level of attention of the relevant public — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-06-05
Institutions: General Court
Subjects: EU trade mark, medical data, medical device, medical diagnosis, registered trade mark, software, trade-mark law








C_2019255EN.01004102.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/41






Judgment of the General Court of 5 June 2019 — EBM Technologies v EUIPO (MobiPACS)
(Case T-272/18) (1)

(EU trade mark - Application for EU word mark MobiPACS - Absolute ground for refusal - Slogan - Level of attention of the relevant public - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2019/C 255/53)
Language of the case: German

Parties


Applicant: EBM Technologies, Inc. (Taipei, Taiwan) (represented by: J. Liesegang, M. Jost and N. Lang, lawyers)

Defendant: European Union Intellectual Property Office (represented by: K. Markakis, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 19 February 2018 (Case R 2145/2017-2) relating to an application for registration of the word sign MobiPACS as an EU trade mark.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Second Board of Appeal of EUIPO of 19 February 2018 (Case R 2145/2017-2);











2.



Orders EUIPO to pay the costs.







(1)  OJ C 221, 25.6.2018.
Case C-38/17: Judgment of the Court (Seventh Chamber) of 5 June 2019 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — GT v HS (Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 3(1) — Article 4(2) — Article 6(1) — Loan agreement denominated in foreign currency — The exchange rate applicable to the sum made available in domestic currency communicated to the consumer after the agreement has been concluded)
Date: 2019-06-05
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, exchange rate, foreign currency, unfair terms of contract








C_2019263EN.01000301.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/3






Judgment of the Court (Seventh Chamber) of 5 June 2019 (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — GT v HS
(Case C-38/17) (1)

(Reference for a preliminary ruling - Consumer protection - Unfair terms in consumer contracts - Directive 93/13/EEC - Article 3(1) - Article 4(2) - Article 6(1) - Loan agreement denominated in foreign currency - The exchange rate applicable to the sum made available in domestic currency communicated to the consumer after the agreement has been concluded)
(2019/C 263/03)
Language of the case: Hungarian

Referring court

Budai Központi Kerületi Bíróság

Parties to the main proceedings


Applicant: GT

Defendant: HS

Operative part of the judgment

Articles 3(1), 4(2) and 6(1) of Council Directive 91/13/EEC of 5 April 1993 on unfair terms in consumer contracts are to be interpreted as not precluding the legislation of a Member State, as interpreted by the Supreme Court of that Member State, under which a loan agreement is not invalid if it is denominated in foreign currency and, although it specifies the sum corresponding to that set out in the consumer’s application for finance in domestic currency, does not indicate the exchange rate applicable to that sum for the purpose of determining the definitive amount of the loan in foreign currency, but at the same time stipulates, in one of its terms, that that rate will be set by the lender in a separate document after the agreement has been concluded,






—


where that term is in plain intelligible language, within the meaning of Article 4(2) of Directive 93/13, in that the mechanism for calculating the total amount lent and the exchange rate applicable are indicated transparently, so that a reasonably well-informed and reasonably observant and circumspect consumer may evaluate, on the basis of clear, intelligible criteria, the economic consequences for him of entering into the agreement, including, in particular, the total cost of the loan, or, if it is apparent that the term is not in plain intelligible language,










—


where that term is not unfair, within the meaning of Article 3(1) of the directive, or, if it is unfair, the agreement concerned is capable of continuing in existence without the unfair term, in accordance with Article 6(1) of Directive 93/31.






(1)  OJ C 178, 6.6.2017.