do-me/EUR-LEX huggingface dataset:
Case C-716/17: Judgment of the Court (Fourth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Østre Landsret — Denmark) — proceedings brought by A (Reference for a preliminary ruling — Freedom of movement for workers — Restrictions — Initiation of debt relief proceedings — Condition of residence — Whether permissible — Article 45 TFEU — Direct effect)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: direct applicability, financial solvency, free movement of workers, residence








C_2019305EN.01000902.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/9






Judgment of the Court (Fourth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Østre Landsret — Denmark) — proceedings brought by A
(Case C-716/17) (1)

(Reference for a preliminary ruling - Freedom of movement for workers - Restrictions - Initiation of debt relief proceedings - Condition of residence - Whether permissible - Article 45 TFEU - Direct effect)
(2019/C 305/11)
Language of the case: Danish

Referring court

Østre Landsret

Party to the main proceedings

A

Operative part of the judgment







1.


Article 45 TFEU must be interpreted as precluding a rule on jurisdiction laid down by the legislation of a Member State, such as the one at issue in the main proceedings, that makes a grant of debt relief subject to the condition that the debtor must have his domicile or residence in that Member State.










2.


Article 45 TFEU must be interpreted as requiring the national court to disapply the residence condition laid down by a national rule on jurisdiction, such as that at issue in the main proceedings, irrespective of whether the debt relief proceedings, which are also laid down by that legislation, may potentially affect the debt claims of private creditors under that legislation.






(1)  OJ C 83, 5.3.2018.
Case C-534/19: Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 July 2019 — SR v Subdelegación del Gobierno en Ciudad Real
Date: 2019-07-11
Institutions: Court of Justice
Subjects: foreign national, imprisonment, judicial cooperation in criminal matters in the EU, offence, removal, residence permit








C_2019372EN.01001202.xml










4.11.2019   


EN


Official Journal of the European Union


C 372/12






Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 July 2019 — SR v Subdelegación del Gobierno en Ciudad Real
(Case C-534/19)
(2019/C 372/12)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla-La Mancha

Parties to the main proceedings


Applicant: SR

Defendant: Subdelegación del Gobierno en Ciudad Real

Question referred

Is an interpretation such as that set out in judgments of the Spanish Supreme Court No 191/2019 of 19 February 2019, appeal in cassation 5607/2017 (ECLI:ES:TS:2019:580), and No 257/2019 of 27 February 2019, appeal in cassation 5809/2017 (ECLI:ES:TS:2019:663), according to which, through an interpretation of Directive 2001/40/EC, (1) it is possible to come to the conclusion that any third-country national holding a long-term residence permit who has committed an offence punishable by a sentence of at least one year in duration can and should be ‘automatically’ removed, that is to say, [without] needing to give any consideration to his personal, family, social or employment circumstances, compatible with Article 12 of Council [Directive] 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, (2) and with — inter alia — the judgments of the Court of Justice of the European Union of 7 December 2017 (Case C-636/16 (3)) and of 8 December 2011 (Case C-371/08 (4))?


(1)  Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ 2001 L 149, p. 34).

(2)  OJ 2004 L 16, p. 44.

(3)  Judgment of 7 December 2017, López Pastuzano (C-636/16, EU:C:2017:949).

(4)  Judgment of 8 December 2011, Ziebell (C-371/08, EU:C:2011:809).
C-180/19: Order of the President of the Court of 11 July 2019 (request for a preliminary ruling from the l’Amtsgericht Düsseldorf — Germany) — flightright GmbH/Eurowings GmbH
Date: 2019-07-11
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, indemnification, traveller








C_2020019EN.01003903.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/39






Order of the President of the Court of 11 July 2019 (request for a preliminary ruling from the l’Amtsgericht Düsseldorf — Germany) — flightright GmbH/Eurowings GmbH
(C-180/19) (1)

(2020/C 19/44)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 246, 22.7.2019.
Case T-530/15: Judgment of the General Court of 11 July 2019 — Huhtamäki and Huhtamäki Flexible Packaging Germany v Commission (Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Evidence of involvement in the cartel — Single and continuous infringement — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment)
Date: 2019-07-11
Institutions: General Court
Subjects: cartel, equal treatment, international cartel, market-sharing agreement, packaging product, price agreement, principle of proportionality, retail selling, sanction (EU)








C_2019295EN.01001401.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/14






Judgment of the General Court of 11 July 2019 — Huhtamäki and Huhtamäki Flexible Packaging Germany v Commission
(Case T-530/15) (1)

(Competition - Cartels - Retail food packaging market - Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement - Evidence of involvement in the cartel - Single and continuous infringement - Attributability of unlawful conduct - 2006 Guidelines for calculating the amount of fines - Proportionality - Equal treatment)
(2019/C 295/18)
Language of the case: French

Parties


Applicants: Huhtamäki Oyj (Espoo, Finland) and Huhtamäki Flexible Packaging Germany GmbH & Co. KG (Ronsberg, Germany) (represented by: H. Meyer-Lindemann, C. Graf York von Wartenburg and L. Stammwitz, lawyers)

Defendant: European Commission (represented by: A. Biolan, F. Jimeno Fernández and L. Wildpanner, 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.



Dismisses the action;











2.



Orders Huhtamäki Oyj and Huhtamaki Flexible Packaging Germany GmbH & Co KG to pay the costs.







(1)  OJ C 406, 7.12.2015.
Special Report No 10/2019 — EU-wide stress tests for banks: unparalleled amount of information on banks provided but greater coordination and focus on risks needed
Date: 2019-07-11
Institutions: European Court of Auditors
Subjects: EU banking union, European Banking Authority, bank, banking supervision, financial risk, financial supervision








C_2019233EN.01000301.xml










11.7.2019   


EN


Official Journal of the European Union


C 233/3






Special Report No 10/2019
EU-wide stress tests for banks: unparalleled amount of information on banks provided but greater coordination and focus on risks needed
(2019/C 233/03)
The European Court of Auditors hereby informs you that Special Report No 10/2019 EU-wide stress tests for banks: unparalleled amount of information on banks provided but greater coordination and focus on risks needed has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Case T-888/16: Judgment of the General Court of 11 July 2019 — BP v FRA (Civil service — Members of the contract staff — FRA — Fixed-term contract — Decision not to renew — New decision adopted following an annulment by the General Court — Rights of the defence — Principle of sound administration — Obligation to state reasons — Liability)
Date: 2019-07-11
Institutions: General Court
Subjects: contract staff, indemnification, rights of the defence, servant (EU), temporary employment, termination of employment








C_2019295EN.01001901.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/19






Judgment of the General Court of 11 July 2019 — BP v FRA
(Case T-888/16) (1)

(Civil service - Members of the contract staff - FRA - Fixed-term contract - Decision not to renew - New decision adopted following an annulment by the General Court - Rights of the defence - Principle of sound administration - Obligation to state reasons - Liability)
(2019/C 295/24)
Language of the case: English

Parties


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

Defendant: European Union Agency for Fundamental Rights (represented by: M. O’Flaherty, Agent, and by B. Wägenbaur, lawyer)

Re:

Action under Article 270 TFEU, seeking (i) annulment of the FRA decision of 4 April 2016 not to renew the applicant’s contract as a member of the contract staff, adopted as a result of the implementation of the judgment of 3 June 2015, BP v FRA, (T-658/13 P, EU:T:2015:356); and (ii) compensation for the damage which the applicant allegedly suffered.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders BP to bear her own costs and pay those incurred by the European Union Fundamental Rights Agency (FRA).







(1)  OJ C 53, 20.2.2017.
Case C-434/18: Judgment of the Court (Ninth Chamber) of 11 July 2019 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2011/70/Euratom — Responsible and safe management of spent fuel and radioactive waste — National programme — Obligation to submit to the European Commission)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: infringement of EU law, nuclear fuel, radioactive waste, waste management








C_2019305EN.01002501.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/25






Judgment of the Court (Ninth Chamber) of 11 July 2019 — European Commission v Italian Republic
(Case C-434/18) (1)

(Failure of a Member State to fulfil obligations - Directive 2011/70/Euratom - Responsible and safe management of spent fuel and radioactive waste - National programme - Obligation to submit to the European Commission)
(2019/C 305/31)
Language of the case: Italian

Parties


Applicant: European Commission (represented by: initially G. Gattinara and M. Patakia, and subsequently G. Gattinara and R. Tricot, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and G. Palatiello, avvocato dello Stato)

Operative part of the judgment

The Court:






1.


Declares that, by failing to notify the European Commission of its national programme for the implementation of spent fuel and radioactive waste management policy, the Italian Republic has failed to fulfil its obligations under Article 15(4), in conjunction with Article 13(1), of Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 285, 13.8.2018.
Case T-95/18: Judgment of the General Court of 11 July 2019 — Gollnisch v Parliament (Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Complaint — Action for annulment — Admissibility — Rights of the defence — Obligation to state reasons — Error of fact)
Date: 2019-07-11
Institutions: General Court
Subjects: Member of the European Parliament, allowances and expenses, parliamentary allowance, rights of the defence, servant (EU)








C_2019328EN.01004602.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/46






Judgment of the General Court of 11 July 2019 — Gollnisch v Parliament
(Case T-95/18) (1)

(Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Complaint - Action for annulment - Admissibility - Rights of the defence - Obligation to state reasons - Error of fact)
(2019/C 328/51)
Language of the case: French

Parties


Applicant: Bruno Gollnisch (Villiers-le-Mahieu, France) (represented by B. Bonnefoy-Claudet, lawyer)

Defendant: European Parliament (represented by S. Seyr and M. Ecker, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by M. Bauer, R. Meyer and A. Jensen, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the decision of the Secretary-General of the Parliament of 1 July 2016 concerning the recovery of a sum of EUR 275 984.23 unduly paid as parliamentary assistance allowance, the debit note of 5 July 2016 relating thereto, and the decision of the Bureau of the European Parliament of 23 October 2017 confirming the decision of the Quaestors of 14 March 2017 rejecting the complaint directed against the decision of 1 July 2016.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr Bruno Gollnisch to bear his own costs and pay those incurred by the European Parliament;











3.



Orders the Council of the European Union to bear its own costs.







(1)  OJ C 142, 23.4.2018.
Non-opposition to a notified concentration (Case M.9314 — Sogeclair/AddUp/PrintSky) (Text with EEA relevance.)
Date: 2019-07-11
Institutions: Directorate-General for Competition, European Commission
Subjects: 3D printing, aeronautical industry, aerospace industry, defence policy, economic concentration, merger control








C_2019245EN.01000102.xml










22.7.2019   


EN


Official Journal of the European Union


C 245/1






Non-opposition to a notified concentration
(Case M.9314 — Sogeclair/AddUp/PrintSky)
(Text with EEA relevance)
(2019/C 245/02)
On 11 July 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 32019M9314. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-697/17: Judgment of the Court (Fifth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Telecom Italia SpA v Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA) (Reference for a preliminary ruling — Award of public supply and public works contracts — Directive 2014/24/EU — Article 28(2) — Restricted procedure — Economic operators admitted to submit a tender — Need for the pre-selected candidate and the candidate submitting the tender to be legally and factually identical — Principle of equal treatment of tenderers)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: award of contract, economic concentration, equal treatment, holding company, inter-company agreement, invitation to tender, merger control, tendering








C_2019305EN.01000901.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/9






Judgment of the Court (Fifth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Telecom Italia SpA v Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA)
(Case C-697/17) (1)

(Reference for a preliminary ruling - Award of public supply and public works contracts - Directive 2014/24/EU - Article 28(2) - Restricted procedure - Economic operators admitted to submit a tender - Need for the pre-selected candidate and the candidate submitting the tender to be legally and factually identical - Principle of equal treatment of tenderers)
(2019/C 305/10)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Telecom Italia SpA

Defendants: Ministero dello Sviluppo Economico, Infrastrutture e telecomunicazioni per l’Italia SpA (Infratel Italia SpA)

Intervener: OpEn Fiber SpA

Operative part of the judgment

The first sentence of Article 28(2) 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 must be interpreted, with regard to the requirement that the pre-selected operators and the operators submitting tenders be legally and factually identical, as not precluding, in the context of a restricted procedure for the award of a public procurement contract, a pre-selected candidate who agrees to merge with another pre-selected candidate under a merger agreement concluded between the pre-selection stage and the stage when tenders are submitted and performed after that submission stage from submitting a tender.


(1)  OJ C 112, 26.3.2018.
Notice of open competition
Date: 2019-07-11
Institutions: European Personnel Selection Office
Subjects: European Parliament, assistant, competition (EU), job vacancy








C_2019233EN.01000601.xml










11.7.2019   


EN


Official Journal of the European Union


C 233/6






NOTICE OF OPEN COMPETITION
(2019/C 233/05)
The European Personnel Selection Office (EPSO) is organising the following open competition:






 


EPSO/AST-SC/08/19 — PARLIAMENTARY USHERS (SC 1/SC 2)




The competition notice is published in 24 languages in 
Official Journal of the European Union C 233 A of 11 July 2019.
Further information can be found on the EPSO website: https://epso.europa.eu/
Case C-262/19: Order of the Court (Eighth Chamber) of 11 July 2019 (request for a preliminary ruling from the Polymeles Protodikeio Athinon — Greece) — RM, SN v Agrotiki Trapeza Ellados (Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — State aid — Creation of mortgages guaranteeing bank loans granted to farmers — National legislation imposing a cap on the sums in respect of which the mortgages are created — Inadequate statement of reasons which prompted the referring court to inquire about the interpretation of EU law — Manifest inadmissibility)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: State aid, admissibility, aid to agriculture, control of State aid, farmer, interpretation of the law, mortgage, national law, real estate credit








C_2020019EN.01000501.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/5






Order of the Court (Eighth Chamber) of 11 July 2019 (request for a preliminary ruling from the Polymeles Protodikeio Athinon — Greece) — RM, SN v Agrotiki Trapeza Ellados
(Case C-262/19) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - State aid - Creation of mortgages guaranteeing bank loans granted to farmers - National legislation imposing a cap on the sums in respect of which the mortgages are created - Inadequate statement of reasons which prompted the referring court to inquire about the interpretation of EU law - Manifest inadmissibility)
(2020/C 19/06)
Language of the case: Greek

Referring court

Polymeles Protodikeio Athinon

Parties to the main proceedings


Applicants: RM, SN

Defendant: Agrotiki Trapeza Ellados

Operative part of the order

The request for a preliminary ruling from the Polymeles Protodikeio Athinon (Court of First Instance, Athens, Greece), made by decision of 8 February 2019, is manifestly inadmissible.


(1)  OJ C 187, 3.6.2019.
Case T-601/18: Judgment of the General Court of 11 July 2019 — Wewi Mobile v EUIPO (Fi Network) (EU trade mark — Application for EU word mark Fi Network — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-07-11
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, electrical equipment, electronic equipment, measuring equipment, registered trade mark, satellite navigation, telecommunications, trade-mark law








C_2019295EN.01002901.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/29






Judgment of the General Court of 11 July 2019 — Wewi Mobile v EUIPO (Fi Network)
(Case T-601/18) (1)

(EU trade mark - Application for EU word mark Fi Network - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2019/C 295/37)
Language of the case: Spanish

Parties


Applicant: Wewi Mobile, SL (Villena, Spain) (represented by: J. C. Erdozain López, L. Montoya Terán and J. Galán López, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and H. O’Neill, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 12 July 2018 (Case R 1462/2017-1), relating to an application for registration of the word sign Fi Network as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Wewi Mobile, SL to pay the costs.







(1)  OJ C 427, 26.11.2018.