do-me/EUR-LEX huggingface dataset:
Case C-249/18: Judgment of the Court (Eighth Chamber) of 10 July 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v CEVA Freight Holland BV (Reference for a preliminary ruling — Customs code — Customs declaration — Incorrect indication of the subheading of the Combined Nomenclature — Tax adjustment notice — Article 78 of that code — Revision of the declaration — Adjustment of the transaction value — Article 221 of that code — Limitation period for the right to recover the customs debt — Interruption)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: Combined Nomenclature, customs debt, customs valuation, prices, specification of tariff heading








C_2019305EN.01001901.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/19






Judgment of the Court (Eighth Chamber) of 10 July 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v CEVA Freight Holland BV
(Case C-249/18) (1)

(Reference for a preliminary ruling - Customs code - Customs declaration - Incorrect indication of the subheading of the Combined Nomenclature - Tax adjustment notice - Article 78 of that code - Revision of the declaration - Adjustment of the transaction value - Article 221 of that code - Limitation period for the right to recover the customs debt - Interruption)
(2019/C 305/23)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Staatssecretaris van Financiën

Defendant: CEVA Freight Holland BV

Operative part of the judgment







1.


Article 78 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16 November 2000, must be interpreted as meaning that, when the declarant has the option to choose the price of the goods sold for export to the territory of the European Union as the valuation basis for the determination of their customs value and when it follows from a post-clearance inspection that the customs declaration which it made contains an error in the customs classification of the relevant goods leading to the application of a higher customs duty, the declarant may request, on the basis of that Article 78, the revision of that declaration for the purposes of obtaining a substitution of the initially indicated price by a lower transaction price in order to obtain a reduction in the amount of its customs debt.










2.


Article 221(1) and (3) of Regulation No 2913/92, as amended by Regulation No 2700/2000, must be interpreted as meaning that it is for the Member States to determine, in compliance with the principles of effectiveness and equivalence, the date on which the debtor is to be informed of the amount of duty for the purposes of interrupting the three-year limitation period, at the end of which the customs debt is extinguished.






(1)  OJ C 276, 6.8.2018.
Case C-39/18 P: Judgment of the Court (Third Chamber) of 10 July 2019 — European Commission v NEX International Limited, formerly Icap plc, Icap Management Services Ltd, Icap New Zealand Ltd (Appeal — Competition — Agreements, decisions and concerted practices — Japanese yen interest rate derivatives sector — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Liability of an undertaking for its role as facilitator of the cartel — Calculation of the fine — Obligation to state reasons)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: EU competition policy, Japan, cartel, foreign currency, interest, restriction on competition, sanction (EU)








C_2019305EN.01001202.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/12






Judgment of the Court (Third Chamber) of 10 July 2019 — European Commission v NEX International Limited, formerly Icap plc, Icap Management Services Ltd, Icap New Zealand Ltd
(Case C-39/18 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Japanese yen interest rate derivatives sector - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Liability of an undertaking for its role as facilitator of the cartel - Calculation of the fine - Obligation to state reasons)
(2019/C 305/15)
Language of the case: English

Parties


Appellant: European Commission (represented by: B. Mongin, M. Farley, T. Christoforou and V. Bottka, acting as Agents)

Other parties to the proceedings: NEX International Limited, formerly Icap plc, Icap Management Services Ltd, Icap New Zealand Ltd (represented by: C. Riis-Madsen, advokat, and by S. Frank, avocat)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 142, 23.4.2018.
Decision of the EEA Joint Committee No 193/2019 of 10 July 2019 amending Annex XIII (Transport) to the EEA Agreement [2022/2215]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, aircraft, maintenance, professional qualifications, revision of an agreement, technical standard, vocational training




L_2022298EN.01001501.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/15








            DECISION OF THE EEA JOINT COMMITTEE No 193/2019
of 10 July 2019
         
amending Annex XIII (Transport) to the EEA Agreement [2022/2215]


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 Regulation (EU) 2018/1142 of 14 August 2018 amending Regulation (EU) No 1321/2014 as regards the introduction of certain categories of aircraft maintenance licences, the modification of the acceptance procedure of components from external suppliers and the modification of the maintenance training organisations' privileges (1) 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 66q (Commission Regulation (EU) No 1321/2014) of Annex XIII to the EEA Agreement:






‘—



32018 R 1142: Commission Regulation (EU) 2018/1142 of 14 August 2018 (OJ L 207, 16.8.2018, p. 2).’






Article 2
The text of Regulation (EU) 2018/1142 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 207, 16.8.2018, p. 2.

(*)  No constitutional requirements indicated.
Case C-722/17: Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Bezirksgericht Villach — Austria) — Norbert Reitbauer and Others v Enrico Casamassima (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Exclusive jurisdiction — Article 24(1) and (5) — Actions concerning rights in rem in immovable property and enforcement of judgments — Judicially ordered auction of a property — Opposition proceedings regarding the distribution of the proceeds from that auction)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: auction sale, claim, composition, enforcement of ruling, judicial cooperation in civil matters in the EU, jurisdiction, real property








C_2019305EN.01001001.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/10






Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Bezirksgericht Villach — Austria) — Norbert Reitbauer and Others v Enrico Casamassima
(Case C-722/17) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EU) No 1215/2012 - Jurisdiction in civil and commercial matters - Exclusive jurisdiction - Article 24(1) and (5) - Actions concerning rights in rem in immovable property and enforcement of judgments - Judicially ordered auction of a property - Opposition proceedings regarding the distribution of the proceeds from that auction)
(2019/C 305/12)
Language of the case: German

Referring court

Bezirksgericht Villach

Parties to the main proceedings


Applicants: Norbert Reitbauer, Dolinschek GmbH, B.T.S. Trendfloor Raumausstattungs-GmbH, Elektrounternehmen K. Maschke GmbH, Klaus Egger, Architekt DI Klaus Egger Ziviltechniker GmbH

Defendant: Enrico Casamassima

Operative part of the judgment

Article 24(1) and (5) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action brought by a pledgee challenging the distribution of the proceeds from a judicially ordered auction of a property and seeking, first, the finding that a competing debt has been extinguished by reason of a financial settlement and, second, that the pledge guaranteeing enforcement of that latter debt is unenforceable, does not come within the exclusive jurisdiction of the courts of the Member State where the property is situated or of the courts of the place of enforcement.


(1)  OJ C 268, 30.7.2018.
Case C-273/18: Judgment of the Court (Eighth Chamber) of 10 July 2019 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — SIA ‘Kuršu zeme’ v Valsts ieņēmumu dienests (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Right to deduct input VAT — Article 168 — Goods supply chain — Refusal of the right to deduct on account of that chain’s existence — Obligation on the competent tax authority to establish the existence of an abusive practice)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: VAT, goods and services, supply chain, tax relief, taxpayer








C_2019305EN.01002001.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/20






Judgment of the Court (Eighth Chamber) of 10 July 2019 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — SIA ‘Kuršu zeme’ v Valsts ieņēmumu dienests
(Case C-273/18) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Right to deduct input VAT - Article 168 - Goods supply chain - Refusal of the right to deduct on account of that chain’s existence - Obligation on the competent tax authority to establish the existence of an abusive practice)
(2019/C 305/24)
Language of the case: Latvian

Referring court

Augstākā tiesa

Parties to the main proceedings


Appellant: SIA ‘Kuršu zeme’

Respondent: Valsts ieņēmumu dienests

Operative part of the judgment

Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2010/45/EU of 13 July 2010, must be interpreted as meaning that, for the purposes of refusing the right to deduct input value added tax (VAT), the fact that an acquisition of goods took place at the end of a chain of successive sale transactions between several persons and that the taxable person acquired possession of the goods concerned in the warehouse of a person forming part of that chain, other than the person mentioned as supplier on the invoice, is not in itself sufficient to find the existence of an abusive practice on the part of the taxable person or the other persons participating in that chain, the competent tax authority being required to establish the existence of an undue tax advantage obtained by that taxable person or those other persons.


(1)  OJ C 259, 23.7.2018.
Case C-163/18: Judgment of the Court (Third Chamber) of 10 July 2019 (request for a preliminary ruling from the Rechtbank Noord-Nederland — Netherlands) — HQ, IP, legally represented by HQ, JO v Aegean Airlines SA (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Flight cancellation — Assistance — Right to reimbursement of the cost of the air ticket by the air carrier — Article 8(2) — Package tour — Directive 90/314/EEC — Insolvency of the tour organiser)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: air transport, carrier, financial solvency, indemnification, package travel, ticket, travel agency, traveller








C_2019305EN.01001502.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/15






Judgment of the Court (Third Chamber) of 10 July 2019 (request for a preliminary ruling from the Rechtbank Noord-Nederland — Netherlands) — HQ, IP, legally represented by HQ, JO v Aegean Airlines SA
(Case C-163/18) (1)

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Flight cancellation - Assistance - Right to reimbursement of the cost of the air ticket by the air carrier - Article 8(2) - Package tour - Directive 90/314/EEC - Insolvency of the tour organiser)
(2019/C 305/19)
Language of the case: Dutch

Referring court

Rechtbank Noord-Nederland

Parties to the main proceedings


Applicants: HQ, IP, legally represented by HQ, JO

Defendant: Aegean Airlines SA

Operative part of the judgment

Article 8(2) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a passenger who, under Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, has the right to hold his tour organiser liable for reimbursement of the cost of his air ticket, can no longer claim reimbursement of the cost of that ticket from the air carrier, on the basis of that regulation, even where the tour organiser is financially incapable of reimbursing the cost of the ticket and has not taken any measures to guarantee such reimbursement.


(1)  OJ C 182, 28.5.2018.
Prior notification of a concentration (Case M.9014 — PKN Orlen/Grupa Lotos) (Text with EEA relevance.)
Date: 2019-07-10
Institutions: European Commission
Subjects: economic concentration, merger control, oil industry, wholesale trade








C_2019232EN.01000801.xml










10.7.2019   


EN


Official Journal of the European Union


C 232/8






Prior notification of a concentration
(Case M.9014 — PKN Orlen/Grupa Lotos)
(Text with EEA relevance)
(2019/C 232/07)

1.   
On 3 July 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:






—


Polski Koncern Naftowy ORLEN Spółka Akcyjna, Poland (‘Orlen’);










—


Grupa Lotos Spółka Akcyjna, Poland (‘Lotos’).




Orlen acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Lotos.
The concentration is accomplished by way of purchase of shares and a public takeover bid.


2.   
The business activities of the undertakings concerned are:






—


Orlen is a vertically integrated entitity, mainly active in the refining and marketing (including retail) of fuel and related products in Poland, as well as in the Czech Republic, Lithuania and Germany. It also has activities in the upstream exploration, development and production of crude oil and natural gas, as well as in the petrochemicals market.










—


Lotos is a vertically integrated entity mainly active in the refining and marketing (including retail) of fuel and related products mostly in Poland. It also has activities in the upstream exploration, development and production of crude oil and natural gas.






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.9014 — PKN Orlen/Grupa Lotos
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-19/18 P: Judgment of the Court (First Chamber) of 10 July 2019 — VG, successor in title to Ms v European Commission (Appeal — Action for damages against the European Commission — Decision of the Commission to put an end to a collaboration in connection with the Team Europe network — Compensation for the damage suffered — Plea of inadmissibility raised by the Commission — Whether the dispute is contractual or tortious)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: access to EU information, admissibility, communications profession, confidentiality, indemnification








C_2019305EN.01001101.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/11






Judgment of the Court (First Chamber) of 10 July 2019 — VG, successor in title to Ms v European Commission
(Case C-19/18 P) (1)

(Appeal - Action for damages against the European Commission - Decision of the Commission to put an end to a collaboration in connection with the Team Europe network - Compensation for the damage suffered - Plea of inadmissibility raised by the Commission - Whether the dispute is contractual or tortious)
(2019/C 305/13)
Language of the case: French

Parties


Appellant: VG, successor in title to Ms (represented by: L. Levi, avocate)

Other party to the proceedings: European Commission (represented by: I. Martínez del Peral, C. Ehrbar and B. Mongin, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders VG to pay the costs.






(1)  OJ C 83, 5.3.2018.
Decision of the EEA Joint Committee No 199/2019 of 10 July 2019 amending Annex XXI (Statistics) to the EEA Agreement [2022/2221]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, data collection, data transmission, entrepreneurship, household, information society, natural person, revision of an agreement




L_2022298EN.01003601.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/36








            DECISION OF THE EEA JOINT COMMITTEE No 199/2019
of 10 July 2019
         
amending Annex XXI (Statistics) to the EEA Agreement [2022/2221]


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 Regulation (EU) 2018/1798 of 21 November 2018 implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society for the reference year 2019 (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 28m (Commission Regulation (EU) 2017/1515) of Annex XXI to the EEA Agreement:






‘28n.



32018 R 1798: Commission Regulation (EU) 2018/1798 of 21 November 2018 implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society for the reference year 2019 (OJ L 296, 22.11.2018, p. 2).’






Article 2
The text of Regulation (EU) 2018/1798 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 296, 22.11.2018, p. 2.

(*)  No constitutional requirements indicated.
Euro exchange rates
Date: 2019-07-10
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019232EN.01000601.xml










10.7.2019   


EN


Official Journal of the European Union


C 232/6






Euro exchange rates (1)

9 July 2019
(2019/C 232/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1205 




JPY


Japanese yen


121,93 




DKK


Danish krone


7,4634 




GBP


Pound sterling


0,89975 




SEK


Swedish krona


10,6338 




CHF


Swiss franc


1,1137 




ISK


Iceland króna


141,90 




NOK


Norwegian krone


9,6983 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,543 




HUF


Hungarian forint


325,46 




PLN


Polish zloty


4,2630 




RON


Romanian leu


4,7265 




TRY


Turkish lira


6,3843 




AUD


Australian dollar


1,6164 




CAD


Canadian dollar


1,4706 




HKD


Hong Kong dollar


8,7508 




NZD


New Zealand dollar


1,6937 




SGD


Singapore dollar


1,5250 




KRW


South Korean won


1 325,05 




ZAR


South African rand


15,8712 




CNY


Chinese yuan renminbi


7,7155 




HRK


Croatian kuna


7,3954 




IDR


Indonesian rupiah


15 832,67 




MYR


Malaysian ringgit


4,6410 




PHP


Philippine peso


57,529 




RUB


Russian rouble


71,4007 




THB


Thai baht


34,551 




BRL


Brazilian real


4,2650 




MXN


Mexican peso


21,1827 




INR


Indian rupee


76,7810 






(1)  Source: reference exchange rate published by the ECB.