do-me/EUR-LEX huggingface dataset:
Case C-410/18: Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Nicolas Aubriet v Ministre de l’Enseignement supérieur et de la Recherche (Reference for a preliminary ruling — Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Non-resident students — Condition connected with the period of their parents’ working time on national territory — Minimum period of five years — Reference period of seven years — Method of calculation of the reference period — Date of the application for financial aid — Indirect discrimination — Justification — Proportionality)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: Luxembourg, child, education grant, education policy, equal treatment, financial aid, principle of proportionality, residence, wage earner








C_2019305EN.01002302.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/23






Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Tribunal administratif — Luxembourg) — Nicolas Aubriet v Ministre de l’Enseignement supérieur et de la Recherche
(Case C-410/18) (1)

(Reference for a preliminary ruling - Freedom of movement for persons - Equal treatment - Social advantages - Regulation (EU) No 492/2011 - Article 7(2) - Financial aid for higher education studies - Non-resident students - Condition connected with the period of their parents’ working time on national territory - Minimum period of five years - Reference period of seven years - Method of calculation of the reference period - Date of the application for financial aid - Indirect discrimination - Justification - Proportionality)
(2019/C 305/29)
Language of the case: French

Referring court

Tribunal administratif

Parties to the main proceedings


Applicant: Nicolas Aubriet

Defendant: Ministre de l’Enseignement supérieur et de la Recherche

Operative part of the judgment

Article 45 TFEU and Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which makes the grant of financial aid for higher education studies to non-resident students subject to the condition that, at the date of the application for financial aid, one of the parents of the student has been employed or carried on an activity in that Member State for a period of at least five years in the course of a reference period of seven years calculated retroactively from the date of that application for financial aid, in so far as it does not permit the existence of any connection with the labour market of that Member State to be understood in a sufficiently broad manner.


(1)  OJ C 301, 27.8.2018.
Case C-528/19: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 10 July 2019 — F-AG v Tax Office Y
Date: 2019-07-10
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, delivery, municipality, provision of services, road building, tax exemption, taxpayer








C_2019328EN.01002501.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/25






Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 10 July 2019 — F-AG v Tax Office Y
(Case C-528/19)
(2019/C 328/27)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant, and Appellant in the appeal on a point of law: F-AG

Defendant, and Respondent in the appeal on a point of law: Tax Office Y

Questions referred







1.


In circumstances such as those of the main proceedings, in which a taxable person carries out construction works on a municipal road on behalf of a city, is that taxable person, which has procured from other taxable persons services relating to the construction of the road that has been transferred to the municipality, entitled to deduct input tax in respect thereof pursuant to Article 17(2)(a) of the Sixth Council Directive 77/388/EEC (1) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes?










2.


If the answer to Question 1 is in the affirmative: In circumstances such as those of the main proceedings, in which a taxable person carries out construction works on a municipal road on behalf of a city, does a supply of goods for consideration exist when the authorisation to operate a quarry is the consideration for the supply of a road?










3.


If the answer to Question 2 is in the negative: In circumstances such as those of the main proceedings, in which a taxable person carries out construction works on a municipal road on behalf of a city, is the free-of-charge transfer of the public road to the municipality treated, in accordance with Article 5(6) of Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes, as a supply of goods free of charge even though the transfer serves commercial purposes, in order to prevent an untaxed final consumption by the municipality?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization 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).
Decision (EU, Euratom) 2019/1201 of the Representatives of the Governments of the Member States of 10 July 2019 appointing a Judge to the Court of Justice
Date: 2019-07-10
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








L_2019189EN.01007001.xml










15.7.2019   


EN


Official Journal of the European Union


L 189/70








            DECISION (EU, Euratom) 2019/1201 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 10 July 2019
         
appointing a Judge to the Court of Justice


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


Under Articles 5 and 7 of Protocol No 3 on the Statute of the Court of Justice of the European Union, and following the resignation of Mr Carl Gustav FERNLUND as of 7 October 2019, a judge should be appointed to the Court of Justice for the remainder of the term of office of Mr Carl Gustav FERNLUND, which runs until 6 October 2024.












(2)


Mr Nils WAHL has been nominated for the vacant post.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of this candidate to perform the duties of Judge of the Court of Justice,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Nils WAHL is hereby appointed Judge to the Court of Justice for the period from 7 October 2019 to 6 October 2024.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 10 July 2019.


The President

M. RISLAKKI
Case T-687/18: Order of the General Court of 10 July 2019 — Pilatus Bank v ECB (Action for annulment — Economic and monetary policy — Prudential supervision of credit institutions — Suspension measures taken by the national supervisory authority — Appointment of a contact person — Limited communication with the ECB — Procedural defects — Intermediary or preparatory measures — Rights of defence — Inadmissibility)
Date: 2019-07-10
Institutions: General Court
Subjects: Malta, bank, credit institution, electronic mail, financial supervision, rights of the defence








C_2019328EN.01005601.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/56






Order of the General Court of 10 July 2019 — Pilatus Bank v ECB
(Case T-687/18) (1)

(Action for annulment - Economic and monetary policy - Prudential supervision of credit institutions - Suspension measures taken by the national supervisory authority - Appointment of a contact person - Limited communication with the ECB - Procedural defects - Intermediary or preparatory measures - Rights of defence - Inadmissibility)
(2019/C 328/64)
Language of the case: English

Parties


Applicant: Pilatus Bank plc (Ta’Xbiex, Malta) (represented by: O. Behrends, M. Kirchner and L. Feddern, lawyers)

Defendant: European Central Bank (ECB) (represented by: E. Yoo, M. Puidokas and A. Karpf, Agents)

Re:

Application pursuant to Article 263 TFEU seeking annulment of the ECB’s email of 10 September 2018 in so far as, by that email, the ECB requested the applicant to direct its communications via the Competent Person appointed under Maltese law or with the Competent Person’s approval.

Operative part of the order







1.



The action is dismissed as being inadmissible;











2.



Pilatus Bank plc shall pay the costs, including those relating to the interlocutory proceedings.







(1)  OJ C 25, 21.1.2019.
Decision of the EEA Joint Committee No 192/2019 of 10 July 2019 amending Annex XIII (Transport) to the EEA Agreement [2022/2214]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, aviation security, harmonisation of standards, revision of an agreement, safety standard




L_2022298EN.01001401.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/14








            DECISION OF THE EEA JOINT COMMITTEE No 192/2019
of 10 July 2019
         
amending Annex XIII (Transport) to the EEA Agreement [2022/2214]


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 Decision C(2019) 132 of 23 January 2019 amending Commission Decision C(2015) 8005 as regards clarification, harmonisation and simplification, as well as strengthening of certain specific aviation security measures is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 66hf (Commission Implementing Decision C(2015) 8005) of Annex XIII to the EEA Agreement:






‘—



32019 D 0132: Commission Implementing Decision C(2019) 0132 of 23.1.2019.’






Article 2
This Decision shall enter into force on 11 July 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


Article 3
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, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(*)  No constitutional requirements indicated.
Calls for proposals and related activities under the ERC Work Programme 2020 under Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)
Date: 2019-07-10
Institutions: European Commission
Subjects: EU programme, Framework Programme for Research and Development, action programme, innovation, invitation to tender








C_2019232EN.01000701.xml










10.7.2019   


EN


Official Journal of the European Union


C 232/7






Calls for proposals and related activities under the ERC Work Programme 2020 under Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)
(2019/C 232/06)
Notice is hereby given of the launch of calls for proposals and related activities under the ERC Work Programme 2020 under Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020).
The Commission has adopted the ERC Work Programme 2020 (http://ec.europa.eu/research/participants/data/ref/h2020/wp/2018-2020/erc/h2020-wp20-erc_en.pdf) by Decision C(2019) 4904 of 2 July 2019.
Proposals are invited for these calls. The ERC Work Programme 2020, including deadlines and budgets, is available through the ‘Funding & tender opportunities’ website along with information on the modalities of the calls and related activities and the information for applicants on how to submit proposals:
https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/home
Case C-345/18 P: Judgment of the Court (Eighth Chamber) of 10 July 2019 — Caviro Distillerie Srl, Distillerie Bonollo SpA, Distillerie Mazzari SpA, Industria Chimica Valenzana (ICV) SpA v European Commission (Appeal — Commercial policy — Dumping — Implementing Decision (EU) 2016/176 — Imports of tartaric acid originating in China and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd — Regulation (EC) No 1225/2009 — Article 3(2), (3) and (5) — No material injury — Manifest error of assessment — Determination of injury — Evaluation of all relevant economic factors and indices having a bearing on the state of the EU industry — Market share)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: China, EU production, anti-dumping duty, damage, dumping, import (EU), organic acid, originating product, sampling, trade policy








C_2019305EN.01002201.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/22






Judgment of the Court (Eighth Chamber) of 10 July 2019 — Caviro Distillerie Srl, Distillerie Bonollo SpA, Distillerie Mazzari SpA, Industria Chimica Valenzana (ICV) SpA v European Commission
(Case C-345/18 P) (1)

(Appeal - Commercial policy - Dumping - Implementing Decision (EU) 2016/176 - Imports of tartaric acid originating in China and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd - Regulation (EC) No 1225/2009 - Article 3(2), (3) and (5) - No material injury - Manifest error of assessment - Determination of injury - Evaluation of all relevant economic factors and indices having a bearing on the state of the EU industry - Market share)
(2019/C 305/27)
Language of the case: English

Parties


Appellants: Caviro Distillerie Srl, Distillerie Bonollo SpA, Distillerie Mazzari SpA, Industria Chimica Valenzana (ICV) SpA (represented by: R. MacLean, Solicitor)

Other party to the proceedings: European Commission (represented by: J.-F. Brakeland and A. Demeneix, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Caviro Distillerie Srl, Distillerie Bonollo SpA, Distillerie Mazzari SpA and Industria Chimica Valenzana (ICV) SpA to pay the costs.






(1)  OJ C 259, 23.7.2018.
Decision of the EEA Joint Committee No 195/2019 of 10 July 2019 amending Annex XX (Environment) to the EEA Agreement [2022/2217]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, approval, commercial vehicle, environmental standard, greenhouse gas, motor vehicle pollution, reduction of gas emissions, revision of an agreement, technical specification, technical standard




L_2022298EN.01001701.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/17








            DECISION OF THE EEA JOINT COMMITTEE No 195/2019
of 10 July 2019
         
amending Annex XX (Environment) to the EEA Agreement [2022/2217]


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) 2018/1003 of 16 July 2018 amending Implementing Regulation (EU) 2017/1152 to clarify and simplify the correlation procedure and to adapt it to changes to Regulation (EU) 2017/1151 (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 21aey (Commission Implementing Regulation (EU) 2017/1152) of Annex XX to the EEA Agreement:






‘—



32018 R 1003: Commission Implementing Regulation (EU) 2018/1003 of 16 July 2018 (OJ L 180, 17.7.2018, p. 16).’






Article 2
The text of Implementing Regulation (EU) 2018/1003 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 11 July 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, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 180, 17.7.2018, p. 16.

(*)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 198/2019 of 10 July 2019 amending Annex XXI (Statistics) to the EEA Agreement [2022/2220]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, accident prevention, data collection, exchange of information, health risk, health statistics, occupational safety, revision of an agreement, technical specification




L_2022298EN.01003501.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/35








            DECISION OF THE EEA JOINT COMMITTEE No 198/2019
of 10 July 2019
         
amending Annex XXI (Statistics) to the EEA Agreement [2022/2220]


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) 2018/1709 of 13 November 2018 specifying the technical characteristics of the 2020 ad hoc module on accidents at work and other work-related health problems as regards the labour force sample survey pursuant to Council Regulation (EC) No 577/98 (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 18ay (Commission Implementing Regulation (EU) 2017/2384) of Annex XXI to the EEA Agreement:






‘18az.



32018 R 1709: Commission Implementing Regulation (EU) 2018/1709 of 13 November 2018 specifying the technical characteristics of the 2020 ad hoc module on accidents at work and other work-related health problems as regards the labour force sample survey pursuant to Council Regulation (EC) No 577/98 (OJ L 286, 14.11.2018, p. 3).’






Article 2
The text of Implementing Regulation (EU) 2018/1709 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 11 July 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, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 286, 14.11.2018, p. 3.

(*)  No constitutional requirements indicated.
Case C-569/17: Order of the President of the Court of 10 July 2019 — European Commission v Kingdom of Spain, intervener: French Republic
Date: 2019-07-10
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, consumer credit, consumer protection, national implementing measure, real estate credit, sanction (EU)








C_2020019EN.01003801.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/38






Order of the President of the Court of 10 July 2019 — European Commission v Kingdom of Spain, intervener: French Republic
(Case C-569/17) (1)

(2020/C 19/40)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 392, 20.11.2017.
Decision of the EEA Joint Committee No 201/2019 of 10 July 2019 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2223]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, commitment of expenditure, defence policy, general budget (EU), protocol to an agreement, research and development, revision of an agreement




L_2022298EN.01003901.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/39








            DECISION OF THE EEA JOINT COMMITTEE No 201/2019
of 10 July 2019
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2223]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the preparatory action on Defence research.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2019,





HAS ADOPTED THIS DECISION:



Article 1
In paragraph 13(a) of Article 1 of Protocol 31 to the EEA Agreement, the words “and 2018” are replaced by the words “, 2018 and 2019”.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*).
It shall apply from 1 January 2019.


Article 3
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, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(*)  No constitutional requirements indicated.