do-me/EUR-LEX huggingface dataset:
Case T-284/18: Judgment of the General Court of 11 July 2019 — Arbuzov v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
Date: 2019-07-11
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence, trade restriction








C_2019295EN.01002702.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/27






Judgment of the General Court of 11 July 2019 — Arbuzov v Council
(Case T-284/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2019/C 295/35)
Language of the case: Czech

Parties


Applicant: Sergej Arbuzov (Kiev, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: R. Pekař and P. Mahnič, Agents)

Re:

Action under Article 263 TFEU seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48) and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.



Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Sergej Arbuzov’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;











2.



Orders the Council of the European Union to pay the costs.







(1)  OJ C 249, 16.7.2018.
Case C-530/19: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 11 July 2019 — NM, acting as insolvency administrator in the insolvency proceedings concerning the assets of NIKI Luftfahrt GmbH v ON
Date: 2019-07-11
Institutions: Court of Justice
Subjects: air transport, carrier, indemnification, trauma, traveller








C_2019328EN.01002502.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/25






Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 11 July 2019 — NM, acting as insolvency administrator in the insolvency proceedings concerning the assets of NIKI Luftfahrt GmbH v ON
(Case C-530/19)
(2019/C 328/28)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Defendant, respondent and appellant on a point of law: NM, acting as insolvency administrator in the insolvency proceedings concerning the assets of NIKI Luftfahrt GmbH

Applicant, appellant and respondent in the appeal on a point of law: ON

Questions referred







1.


Is an air carrier which, under Article 5(1)(b) of Regulation (EC) No 261/2004 (the Flight Passenger Rights Regulation), (1) is required to offer assistance under Article 9(1)(b) of that regulation liable on the basis of that regulation for damage resulting from an injury incurred by the passenger as a result of the negligent conduct of employees of the hotel provided by the air carrier?










2.


If Question 1 is answered in the negative:






 


Is the air carrier’s obligation under Article 9(1)(b) of Regulation (EC) No 261/2004 limited to providing the passenger with a hotel and covering the costs of the accommodation, or is the air carrier liable for the accommodation as such?










(1)  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 (OJ 2004 L 46, p. 1).
Case C-91/18: Judgment of the Court (Seventh Chamber) of 11 July 2019 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Excise duties on alcohol and alcoholic beverages — Article 110 TFEU — Directive 92/83/EEC — Directive 92/84/EEC — Regulation (EC) No 110/2008 — Application of a lower rate of duty to the manufacture of national products ‘tsipouro’ and ‘tsikoudia’)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: alcoholic beverage, excise duty, tax harmonisation, tax relief








C_2019305EN.01001401.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/14






Judgment of the Court (Seventh Chamber) of 11 July 2019 — European Commission v Hellenic Republic
(Case C-91/18) (1)

(Failure of a Member State to fulfil obligations - Excise duties on alcohol and alcoholic beverages - Article 110 TFEU - Directive 92/83/EEC - Directive 92/84/EEC - Regulation (EC) No 110/2008 - Application of a lower rate of duty to the manufacture of national products ‘tsipouro’ and ‘tsikoudia’)
(2019/C 305/17)
Language of the case: Greek

Parties


Applicant: European Commission (represented by: A. Kyratsou and F. Tomat, acting as Agents)

Defendant: Hellenic Republic (represented by: M. Tassopoulou and D. Tsagkaraki, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that






—


by adopting and maintaining in force legislation which applies a rate of excise duty 50 % below the standard national rate to tsipouro and tsikoudia manufactured by ‘systematic distilleries’, the Hellenic Republic has failed to fulfil its obligations under Articles 19 and 21 in conjunction with Article 23(2) of Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages, and










—


by adopting and maintaining in force legislation which applies, on conditions laid down by that legislation, a much reduced rate of excise duty to tsipouro and tsikoudia manufactured by small ‘occasional’ distillers, the Hellenic Republic has failed to fulfil its obligations under Articles 19 and 21 in conjunction with Article 22(1) of Directive 92/83 and with Article 3(1) of Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and alcoholic beverages;














2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 142, 23.4.2018.
Case T-582/15: Judgment of the General Court of 11 July 2019 — Silver Plastics and Johannes Reifenhäuser v Commission (Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Evidence of involvement in a cartel — Single and continuous infringement — Principle of equality of arms — ‘Right to confront’ — 2006 Leniency Notice — Significant added value — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment — Upper limit of the fine)
Date: 2019-07-11
Institutions: General Court
Subjects: cartel, competition policy, control of restrictive practices, equal treatment, international cartel, market-sharing agreement, packaging product, price agreement, retail selling, sanction (EU)








C_2019305EN.01003201.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/32






Judgment of the General Court of 11 July 2019 — Silver Plastics and Johannes Reifenhäuser v Commission
(Case T-582/15) (1)

(Competition - Cartels - Retail food packaging market - Decision finding an infringement of Article 101 TFEU - Evidence of involvement in a cartel - Single and continuous infringement - Principle of equality of arms - ‘Right to confront’ - 2006 Leniency Notice - Significant added value - Attributability of unlawful conduct - 2006 Guidelines for calculating the amount of fines - Proportionality - Equal treatment - Upper limit of the fine)
(2019/C 305/38)
Language of the case: German

Parties


Applicants: Silver Plastics GmbH & Co. KG (Troisdorf, Germany) and Johannes Reifenhäuser Holding GmbH & Co. KG (Troisdorf) (represented initially by M. Wirtz, S. Möller and W. Carstensen, then by M. Wirtz, S. Möller and C. Karbaum, lawyers)

Defendant: European Commission (represented by A. Biolan, G. Meessen, I. Zaloguin and L. Wildpanner, acting as Agents)

Re:

Action under Article 263 TFEU seeking, principally, the annulment in part of Commission Decision C(2015) 4336 final of 24 June 2015 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail Food Packaging) and, in the alternative, the reduction of the fines imposed on the applicants.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Silver Plastics GmbH & Co. KG and Johannes Reifenhäuser Holding GmbH & Co. KG to pay the costs.







(1)  OJ C 16, 18.1.2016.
Case T-838/16: Judgment of the General Court of 11 July 2019 — BP v FRA (Non-contractual liability — Access to documents — Partial refusal of access — Sufficiently serious breach of a rule of law conferring rights on individuals — Regulations (EC) No 1049/2001 and No 45/2001 — Protection of personal data — Non-material damage — Material damage — Causal link)
Date: 2019-07-11
Institutions: General Court
Subjects: access to EU information, confidentiality, damages, data protection, fundamental rights, indemnification, interest, personal data








C_2019295EN.01001802.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/18






Judgment of the General Court of 11 July 2019 — BP v FRA
(Case T-838/16) (1)

(Non-contractual liability - Access to documents - Partial refusal of access - Sufficiently serious breach of a rule of law conferring rights on individuals - Regulations (EC) No 1049/2001 and No 45/2001 - Protection of personal data - Non-material damage - Material damage - Causal link)
(2019/C 295/23)
Language of the case: English

Parties


Applicant: BP (represented by E. Lazar, lawyer)

Defendant: European Union Agency for Fundamental Rights (FRA) (represented initially by C. Manolopoulos and M. O’Flaherty, then by M. O’Flaherty, acting as Agents, and by D. Waelbroeck, A. Duron and I. Antypas, lawyers)

Re:

Action under Article 268 TFEU seeking compensation for the damage which the applicant allegedly suffered.

Operative part of the judgment

The Court:






1.



Orders the European Union Agency for Fundamental Rights (FRA) to pay BP the sum of EUR 5 000;











2.



Orders that the compensation awarded in paragraph 1 above be increased by default interest, to be calculated from the date of delivery of the present judgment until full payment, at the rate set by the European Central Bank (ECB) for its principal refinancing operations, plus two percentage points;











3.



Dismisses the action as to the remainder;











4.



Orders FRA and BP each to bear their own costs.







(1)  OJ C 38, 6.2.2017.
Case T-522/15: Judgment of the General Court of 11 July 2019 — CCPL and Others v Commission (Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Attributability of unlawful conduct — 2006 Guidelines on the method of setting fines — Value of sales — Ceiling of the fine — Proportionality — Equal treatment — Ability to pay)
Date: 2019-07-11
Institutions: General Court
Subjects: cartel, equal treatment, foodstuff, packaging product, principle of proportionality, restriction on competition, retail trade, sanction (EU)








C_2019328EN.01003701.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/37






Judgment of the General Court of 11 July 2019 — CCPL and Others v Commission
(Case T-522/15) (1)

(Competition - Agreements, decisions and concerted practices - Retail food packaging market - Decision finding an infringement of Article 101 TFEU - Attributability of unlawful conduct - 2006 Guidelines on the method of setting fines - Value of sales - Ceiling of the fine - Proportionality - Equal treatment - Ability to pay)
(2019/C 328/39)
Language of the case: Italian

Parties


Applicants: CCPL — Consorzio Cooperative di Produzione e Lavoro SC (Reggio Emilia, Italy), Coopbox group SpA (Reggio Emilia), Poliemme Srl (Reggio Emilia), Coopbox Hispania, SL (Lorca, Spain), Coopbox Eastern s. r. o. (Nové Mesto nad Váhom, Slovakia) (represented by: S. Bariatti and E. Cucchiara, lawyers)

Defendant: European Commission (represented initially by F. Jimeno Fernández, A. Biolan and P. Rossi, and subsequently by F. Jimeno Fernandez, P. Rossi and L. Malferrari, acting as Agents)

Re:

Application under Article 263 TFEU for, principally, the partial annulment of Commission Decision C(2015) 4336 final of 24 June 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail food packaging) and, in the alternative, for the reduction of the fines imposed on the applicants.

Operative part of the judgment

The Court:






1.



Annuls Article 2(1)(f) and (g), Article 2(d) and (e) and Article 2(4)(c) and (d) of Commission Decision C(2015) 4336 final of 24 June 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail food packaging);











2.



Orders the European Commission to pay the costs, including those of the application for interim measures.







(1)  OJ C 354, 26.10.2015.
Joined Cases C-180/18, C-286/18 and C-287/18: Judgment of the Court (Tenth Chamber) of 11 July 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18) v Ministero dello Sviluppo Economico (Reference for a preliminary ruling — Environment — Directive 2009/28/EC — Article 3(3)(a) — Promotion of the use of energy from renewable sources — Production of electricity by solar photovoltaic plants — Alteration of a support scheme — Principles of legal certainty and the protection of legitimate expectations)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: EU environmental policy, State aid, electrical energy, energy production, principle of legal certainty, production aid, renewable energy, solar energy








C_2019305EN.01001601.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/16






Judgment of the Court (Tenth Chamber) of 11 July 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18) v Ministero dello Sviluppo Economico
(Joined Cases C-180/18, C-286/18 and C-287/18) (1)

(Reference for a preliminary ruling - Environment - Directive 2009/28/EC - Article 3(3)(a) - Promotion of the use of energy from renewable sources - Production of electricity by solar photovoltaic plants - Alteration of a support scheme - Principles of legal certainty and the protection of legitimate expectations)
(2019/C 305/20)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellants: Agrenergy Srl (C-180/18 and C-286/18), Fusignano Due Srl (C-287/18)

Respondent: Ministero dello Sviluppo Economico

Operative part of the judgment

Subject to verifications to be carried out by the referring court taking into account all the relevant factors, Article 3(3)(a) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, read in the light of the principles of legal certainty and the protection of legitimate expectations, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows a Member State to provide for the reduction, or even the removal, of incentive rates for energy produced by solar photovoltaic plants which were introduced previously.


(1)  OJ C 182, 28.5.2018.

OJ C 249, 16.7.2018.
Case T-674/18: Order of the General Court of 11 July 2019 — Vattenfall Europe Nuclear Energy v Commission (Action for annulment — State aid — 16th Law amending the Law on Nuclear Energy (Atomgesetz) — Implementation of a judgment of the Bundesverfassungsgericht (German Federal Constitutional Court) — Companies operating nuclear power stations — Cessation of operation — Financial compensation for the amounts of electricity not generated — Letter from the Commission — No requirement for formal notification under Article 108(3) TFEU — Act not open to challenge — Inadmissibility)
Date: 2019-07-11
Institutions: General Court
Subjects: State aid, control of State aid, energy law, equal treatment, nuclear energy








C_2019328EN.01005502.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/55






Order of the General Court of 11 July 2019 — Vattenfall Europe Nuclear Energy v Commission
(Case T-674/18) (1)

(Action for annulment - State aid - 16th Law amending the Law on Nuclear Energy (Atomgesetz) - Implementation of a judgment of the Bundesverfassungsgericht (German Federal Constitutional Court) - Companies operating nuclear power stations - Cessation of operation - Financial compensation for the amounts of electricity not generated - Letter from the Commission - No requirement for formal notification under Article 108(3) TFEU - Act not open to challenge - Inadmissibility)
(2019/C 328/63)
Language of the case: German

Parties


Applicant: Vattenfall Europe Nuclear Energy GmbH (Hamburg, Germany) (represented by: U. Karpenstein and R. Sangi, lawyers)

Defendant: European Commission (represented by: B. Stromsky and K. Herrmann, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of the decision allegedly contained in the Commission’s letter of 4 July 2018, signed by the Commission’s Deputy Director-General for Competition and addressed to the Federal Republic of Germany.

Operative part of the order







1.



The action is dismissed as inadmissible.











2.



There is no longer any need to adjudicate on the application of the Federal Republic of Germany for leave to intervene.











3.



Vattenfall Europe Nuclear Energy GmbH shall bear its own costs and pay those incurred by the European Commission.











4.



The Federal Republic of Germany, Vattenfall Europe Nuclear Energy and the Commission shall each bear their own respective costs relating to the application for leave to intervene.







(1)  OJ C 25, 21.1.2019.
Case T-523/15: Judgment of the General Court of 11 July 2019 — Italmobiliaire and Others v Commission (Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Attributability of the unlawful conduct — Conditions for the granting of immunity — 2006 Guidelines on the method of setting fines — Sales value — Ceiling for the fine — Length of the administrative procedure — Reasonable period of time — Ability to pay)
Date: 2019-07-11
Institutions: General Court
Subjects: cartel, international cartel, market-sharing agreement, packaging product, price agreement, retail selling, sanction (EU)








C_2019295EN.01001301.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/13






Judgment of the General Court of 11 July 2019 — Italmobiliaire and Others v Commission
(Case T-523/15) (1)

(Competition - Agreements, decisions and concerted practices - Retail food packaging market - Decision finding an infringement of Article 101 TFEU - Attributability of the unlawful conduct - Conditions for the granting of immunity - 2006 Guidelines on the method of setting fines - Sales value - Ceiling for the fine - Length of the administrative procedure - Reasonable period of time - Ability to pay)
(2019/C 295/17)
Language of the case: Italian

Parties


Applicants: Italmobiliaire SpA (Milan, Italy) and the six other applicants whose names are listed in the annex to the judgment (represented initially by M. Siragusa, F. Moretti and A. Bardanzellu, and subsequently by M. Siragusa and F. Moretti, lawyers)

Defendant: European Commission (represented by: P. Rossi, A. Biolan, F. Jimeno Fernández and T. Vecchi, acting as Agents)

Re:

Action under Article 263 TFEU seeking the annulment, in part, of Commission Decision C(2015) 4336 final of 24 June 2015 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail Food Packaging) or, in the alternative, a reduction in the amount of the fined imposed on the applicants.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Italmobiliaire SpA and the other applicants whose names are listed in the annex to the judgment to pay the costs.







(1)  OJ C 354, 26.10.2015.
Euro exchange rates
Date: 2019-07-11
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019233EN.01000201.xml










11.7.2019   


EN


Official Journal of the European Union


C 233/2






Euro exchange rates (1)

10 July 2019
(2019/C 233/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1220 




JPY


Japanese yen


122,20 




DKK


Danish krone


7,4637 




GBP


Pound sterling


0,89928 




SEK


Swedish krona


10,6093 




CHF


Swiss franc


1,1133 




ISK


Iceland króna


141,90 




NOK


Norwegian krone


9,6930 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,565 




HUF


Hungarian forint


325,90 




PLN


Polish zloty


4,2738 




RON


Romanian leu


4,7335 




TRY


Turkish lira


6,4398 




AUD


Australian dollar


1,6210 




CAD


Canadian dollar


1,4713 




HKD


Hong Kong dollar


8,7692 




NZD


New Zealand dollar


1,6997 




SGD


Singapore dollar


1,5270 




KRW


South Korean won


1 325,21 




ZAR


South African rand


15,8875 




CNY


Chinese yuan renminbi


7,7227 




HRK


Croatian kuna


7,3935 




IDR


Indonesian rupiah


15 853,86 




MYR


Malaysian ringgit


4,6434 




PHP


Philippine peso


57,756 




RUB


Russian rouble


71,2695 




THB


Thai baht


34,586 




BRL


Brazilian real


4,2585 




MXN


Mexican peso


21,5421 




INR


Indian rupee


76,9510 






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