do-me/EUR-LEX huggingface dataset:
Council Decision of 3 September 2019 adopting the Council's position on draft amending budget No 4 of the European Union for the financial year 2019
Date: 2019-09-03
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU)




C_2019302EN.01000501.xml










6.9.2019   


EN


Official Journal of the European Union


C 302/5






COUNCIL DECISION
of 3 September 2019
adopting the Council's position on draft amending budget No 4 of the European Union for the financial year 2019
(2019/C 302/05)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
Whereas:






—


the Union's budget for the financial year 2019 was definitively adopted on 12 December 2018 (2),










—


on 2 July 2019, the Commission submitted a proposal containing draft amending budget No 4 to the general budget for the financial year 2019,










—


in order to avoid a shortage of funds, the adjustments to the institutions' budgets need to be processed swiftly. The Council therefore needs to proceed without delay the adoption of draft amending budget No 4 to the general budget for 2019. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council's Rules of Procedure, the eight-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1,




HAS DECIDED AS FOLLOWS:

Sole Article
The Council's position on draft amending budget No 4 of the European Union for the financial year 2019 was adopted on 3 September 2019.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/


Done at Brussels, 3 September 2019.


For the Council


The President

T. TUPPURAINEN




(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 67, 7.3.2019, p. 1.
Case T-424/18: Order of the General Court of 3 September 2019 — Puma v EUIPO — Carrefour (Representation of crossed lines)
Date: 2019-09-03
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, trade-mark law








C_2019363EN.01003602.xml










28.10.2019   


EN


Official Journal of the European Union


C 363/36






Order of the General Court of 3 September 2019 — Puma v EUIPO — Carrefour (Representation of crossed lines)
(Case T-424/18) (1)

(2019/C 363/46)
Language of the case: English
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 301, 27.8.2018.
Council Decision of 3 September 2019 adopting the Council's position on draft amending budget No 2 of the European Union for the financial year 2019
Date: 2019-09-03
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU)




C_2019302EN.01000301.xml










6.9.2019   


EN


Official Journal of the European Union


C 302/3






COUNCIL DECISION
of 3 September 2019
adopting the Council's position on draft amending budget No 2 of the European Union for the financial year 2019
(2019/C 302/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
Whereas:






—


the Union's budget for the financial year 2019 was definitively adopted on 12 December 2018 (2),










—


on 15 May 2019, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2019,




HAS DECIDED AS FOLLOWS:

Sole Article
The Council's position on draft amending budget No 2 of the European Union for the financial year 2019 was adopted on 3 September 2019.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/


Done at Brussels, 3 September 2019.


For the Council


The President

T. TUPPURAINEN




(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 67, 7.3.2019, p. 1.
Case C-654/19: Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 3 September 2019 — FP Passenger Service v Austrian Airlines AG
Date: 2019-09-03
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, indemnification, traveller








C_2019406EN.01001201.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/12






Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 3 September 2019 — FP Passenger Service v Austrian Airlines AG
(Case C-654/19)
(2019/C 406/18)
Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings


Applicant: FP Passenger Service

Defendant: Austrian Airlines AG

Question referred

Are Articles 5, 6 and 7 of Regulation (EC) No 261/2004 (1) 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, to be interpreted as meaning that, when calculating a delay — having regard to the decision of the Court of Justice in Case C-452/13, according to which account is to be taken of the time of the door opening — it is necessary to establish the difference between the actual time of the door opening and the scheduled time of arrival, or the difference between the actual time of the door opening and the time at which it is expected that the door would be opened if the time of arrival was as scheduled?


(1)  OJ 2004 L 46, p. 1.
Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 September 2019 — Euro exchange rates
Date: 2019-09-03
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2019296EN.01000101.xml










3.9.2019   


EN


Official Journal of the European Union


C 296/1






Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 September 2019
Euro exchange rates (2)

2 September 2019
(2019/C 296/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0968 




JPY


Japanese yen


116,66 




DKK


Danish krone


7,4563 




GBP


Pound sterling


0,90820 




SEK


Swedish krona


10,7470 




CHF


Swiss franc


1,0875 




ISK


Iceland króna


138,50 




NOK


Norwegian krone


9,9788 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,919 




HUF


Hungarian forint


331,34 




PLN


Polish zloty


4,3691 




RON


Romanian leu


4,7239 




TRY


Turkish lira


6,3762 




AUD


Australian dollar


1,6338 




CAD


Canadian dollar


1,4632 




HKD


Hong Kong dollar


8,6021 




NZD


New Zealand dollar


1,7396 




SGD


Singapore dollar


1,5253 




KRW


South Korean won


1 329,49 




ZAR


South African rand


16,6827 




CNY


Chinese yuan renminbi


7,8657 




HRK


Croatian kuna


7,4006 




IDR


Indonesian rupiah


15 567,98 




MYR


Malaysian ringgit


4,6269 




PHP


Philippine peso


57,200 




RUB


Russian rouble


73,2222 




THB


Thai baht


33,600 




BRL


Brazilian real


4,5498 




MXN


Mexican peso


22,0545 




INR


Indian rupee


78,8920 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Council Decision of 3 September 2019 adopting the Council’s position on the draft general budget of the European Union for the financial year 2020
Date: 2019-09-03
Institutions: Council of the European Union
Subjects: EU expenditure, budgetary resources, draft budget (EU), financial year, general budget (EU)




C_2019302EN.01000101.xml










6.9.2019   


EN


Official Journal of the European Union


C 302/1






COUNCIL DECISION
of 3 September 2019
adopting the Council’s position on the draft general budget of the European Union for the financial year 2020
(2019/C 302/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,
Whereas:






(1)


On 5 June 2019, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2020 (1).










(2)


The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (2), and, on the expenditure side, with Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3),




HAS DECIDED AS FOLLOWS:

Sole Article
The Council’s position on the draft general budget of the European Union for the financial year 2020 was adopted by the Council on 3 September 2019.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/


Done at Brussels, 3 September 2019.


For the Council


The President

T. TUPPURAINEN




(1)  COM(2019) 400 final.

(2)  OJ L 168, 7.6.2014, p. 105.

(3)  OJ L 347, 20.12.2013, p. 884.
Case C-649/19: Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 3 September 2019 — Criminal proceedings in respect of IR
Date: 2019-09-03
Institutions: Court of Justice
Subjects: European arrest warrant, fundamental rights, right to justice, rights of the defence








C_2019413EN.01002501.xml










9.12.2019   


EN


Official Journal of the European Union


C 413/25






Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 3 September 2019 — Criminal proceedings in respect of IR
(Case C-649/19)
(2019/C 413/30)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Party to the main proceedings

IR

Questions referred

Do the rights of an accused person under Article 4 (in particular the right under Article 4(3)), Article 6(2) and Article 7(1) of Directive 2012/13 (1) apply to an accused person who has been arrested on the basis of a European arrest warrant?
If the first question is answered in the affirmative: is Article 8 of Framework Decision 2002/584 to be interpreted as meaning that it allows the content of a European arrest warrant to be amended with regard to the form specified in the annex, in particular the insertion of new text into that form, in relation to the rights of the requested person against the judicial authorities of the issuing Member State to challenge the validity of the national arrest warrant and of the European arrest warrant?
If the second question is answered in the negative: is it compatible with recital 12 and Article 1(3) of Framework Decision 2002/584, Articles 4, 6(2) and 7(1) of Directive 2012/13/ЕU and Articles 6 and 47 of the Charter if a European arrest warrant is issued in strict compliance with the form set out in the annex (that is to say without informing the requested person about his rights against the issuing judicial authority) and the issuing judicial authority informs him about the rights to which he is entitled and sends him the relevant documents immediately after that authority becomes aware of the arrest?
If there are no other legal means for safeguarding the rights of a person arrested on the basis of a European arrest warrant under Article 4 of Directive 2012/13/ЕU, in particular the right under Article 4(3), Article 6(2) and Article 7(1) of Directive 2012/13/ЕU, is Framework Decision 2002/584 valid?


(1)  Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1).
Case T-602/19: Action brought on 3 September 2019 – Eugene Perma France v EUIPO – SPI Investments Group (NATURANOVE)
Date: 2019-09-03
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2019363EN.01002901.xml










28.10.2019   


EN


Official Journal of the European Union


C 363/29






Action brought on 3 September 2019 – Eugene Perma France v EUIPO – SPI Investments Group (NATURANOVE)
(Case T-602/19)
(2019/C 363/38)
Language of the case: English

Parties


Applicant: Eugene Perma France (Saint-Denis, France) (represented by: S. Havard Duclos, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: SPI Investments Group, SL (Sant Just Desvern, Spain)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark NATURANOVE – Application for registration No 17 007 949

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 1 July 2019 in Case R 2161/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in so far as it dismissed the appeal against the Opposition Division’s decision based on Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and ordered the Applicant to bear the costs of the opposition and appeal proceedings, fixed to the amount of EUR 1 170;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Council Decision of 3 September 2019 adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2019
Date: 2019-09-03
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU)




C_2019302EN.01000201.xml










6.9.2019   


EN


Official Journal of the European Union


C 302/2






COUNCIL DECISION
of 3 September 2019
adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2019
(2019/C 302/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
Whereas:






—


the Union’s budget for the financial year 2019 was definitively adopted on 12 December 2018 (2),










—


on 15 April 2019, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2019,




HAS DECIDED AS FOLLOWS:

Sole Article
The Council’s position on draft amending budget No 1 of the European Union for the financial year 2019 was adopted on 3 September 2019.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/


Done at Brussels, 3 September 2019.


For the Council


The President

T. TUPPURAINEN




(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 67, 7.3.2019, p. 1.
Case C-650/19 P: Appeal brought on 3 September 2019 by Vialto Consulting Kft. against the judgment of the General Court (First Chamber) delivered on 26 June 2019 in Case T-617/17, Vialto Consulting Kft v European Commission
Date: 2019-09-03
Institutions: Court of Justice
Subjects: EU aid, EU control, European Anti-fraud Office, access to information, damage, damages, data collection, fraud against the EU, rights of the defence








C_2019372EN.01002201.xml










4.11.2019   


EN


Official Journal of the European Union


C 372/22






Appeal brought on 3 September 2019 by Vialto Consulting Kft. against the judgment of the General Court (First Chamber) delivered on 26 June 2019 in Case T-617/17, Vialto Consulting Kft v European Commission
(Case C-650/19 P)
(2019/C 372/23)
Language of the case: Greek

Parties


Appellants: Vialto Consulting Kft. (represented by: Dimitrios Sigalas, avvocato)

Other party to the proceedings: European Commission

Form of order sought







—


Set aside the judgment of the General Court of 26 June, Case T-617/17;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

The appellant puts forward three grounds in support of its appeals:






1.


The judgment under appeal is vitiated by a distortion of the facts and an error of law in relation to the infringement of Article 7(1) of Regulation No 2185/96. (1) The General Court failed to take into account the fact that the real subject matter of the action for damages was the question of whether OLAF had infringed Article 7(1) of Regulation No 2185/96 by asking the appellant to allow it to collect data which were in no way related to its investigation. Nor did the Court take account of the fact that the appellant actually authorised OLAF to investigate all the categories of data it had requested.










2.


The judgment under appeal is vitiated by an error of law and a failure to state reasons in relation to the infringement of the principle of the protection of legitimate expectations. The General Court has not clarified which of the three conditions laid down in the case-law concerning the protection of legitimate expectations is not met in the present case.










3.


The judgment under appeal is vitiated by a distortion of the facts and an error of law in relation to the infringement of the right to be heard. The General Court failed to take account of the fact that the Commission adopted a position that is binding on the contracting authority, which could result in an act detrimental to the appellant, without the appellant having been heard.






(1)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ 1996 L 292, pag. 2).
Council Decision of 3 September 2019 adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2019
Date: 2019-09-03
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU)




C_2019302EN.01000401.xml










6.9.2019   


EN


Official Journal of the European Union


C 302/4






COUNCIL DECISION
of 3 September 2019
adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2019
(2019/C 302/04)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
Whereas:






—


the Union’s budget for the financial year 2019 was definitively adopted on 12 December 2018 (2),










—


on 22 May 2019, the Commission submitted a proposal containing draft amending budget No 3 to the general budget for the financial year 2019,




HAS DECIDED AS FOLLOWS:

Sole Article
The Council’s position on draft amending budget No 3 of the European Union for the financial year 2019 was adopted on 3 September 2019.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/


Done at Brussels, 3 September 2019.


For the Council


The President

T. TUPPURAINEN




(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 67, 7.3.2019, p. 1.