do-me/EUR-LEX huggingface dataset:
Case C-756/18: Order of the Court (Eighth Chamber) of 24 October 2019 (request for a preliminary ruling from the Tribunal d’instance d’Aulnay-sous-Bois — France) — LC, MD v easyJet Airline Co. Ltd (Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 99 — Air transport — Regulation (EC) No 261/2004 — Long delay of a flight — Passengers’ right to compensation — Proof of the passenger’s presence for check-in — Reservation confirmed by the air carrier)
Date: 2019-10-24
Institutions: Court of Justice
Subjects: air transport, carrier, consumer protection, indemnification, reservation








C_2020045EN.01001101.xml










10.2.2020   


EN


Official Journal of the European Union


C 45/11






Order of the Court (Eighth Chamber) of 24 October 2019 (request for a preliminary ruling from the Tribunal d’instance d’Aulnay-sous-Bois — France) — LC, MD v easyJet Airline Co. Ltd
(Case C-756/18) (1)

(Reference for a preliminary ruling - Rules of Procedure of the Court of Justice - Article 99 - Air transport - Regulation (EC) No 261/2004 - Long delay of a flight - Passengers’ right to compensation - Proof of the passenger’s presence for check-in - Reservation confirmed by the air carrier)
(2020/C 45/07)
Language of the case: French

Referring court

Tribunal d’instance d’Aulnay-sous-Bois

Parties to the main proceedings


Applicant: LC, MD

Defendants: easyJet Airline Co. Ltd

Operative part of the order

Regulation (EC) No 261/2004 of the European Parliament and of the Council of du 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 and, in particular, Article 3(2)(a) thereof, must be interpreted as meaning that passengers on a flight with a delay of 3 hours or more on arrival who have a confirmed reservation on that flight cannot be denied compensation under that regulation solely on the ground that, upon claiming compensation, they failed to prove that they were present for check-in for that flight, in particular by means of a boarding card, unless it can be established that those passengers were not transported on the delayed flight at issue, which is matter for the national court to determine.


(1)  OJ C 54, 11.2.2019.
Case C-515/18: Judgment of the Court (Tenth Chamber) of 24 October 2019 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Sardegna — Italy) — Autorità Garante della Concorrenza e del Mercato v Regione Autonoma della Sardegna (Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services — Rail transport — Public service contracts — Direct award — Obligation to publish a prior information notice in relation to the direct award — Scope)
Date: 2019-10-24
Institutions: Court of Justice
Subjects: access to information, award of contract, public transport, rail transport, services contract, tendering








C_2019432EN.01001201.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/12






Judgment of the Court (Tenth Chamber) of 24 October 2019 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Sardegna — Italy) — Autorità Garante della Concorrenza e del Mercato v Regione Autonoma della Sardegna
(Case C-515/18) (1)

(Reference for a preliminary ruling - Regulation (EC) No 1370/2007 - Public passenger transport services - Rail transport - Public service contracts - Direct award - Obligation to publish a prior information notice in relation to the direct award - Scope)
(2019/C 432/13)
Language of the case: Italian

Referring court

Tribunale amministrativo regionale per la Sardegna

Parties to the main proceedings


Applicant: Autorità Garante della Concorrenza e del Mercato

Defendant: Regione Autonoma della Sardegna

Intervener: Trenitalia SpA

Operative part of the judgment

Article 7(2) and (4) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 must be interpreted as meaning that competent national authorities which intend directly to award a public service contract for the transport of passengers by rail are not required, first, to publish or communicate to any interested economic operators all the information necessary in order to enable them to submit a sufficiently detailed offer which may be subject to a comparative assessment and, second, to carry out such a comparative assessment of all bids that may have been received following publication of that information.


(1)  OJ C 436, 3.12.2018.
Joined Cases C-469/18 and C-470/18: Judgment of the Court (Fifth Chamber) of 24 October 2019 (Requests for a preliminary ruling from the Hof van Cassatie — Belgium) — IN (C-469/18), JM (C-470/18) v Belgische Staat (Reference for a preliminary ruling — Taxation — Personal Income Tax — Inadmissibility of the request for a preliminary ruling)
Date: 2019-10-24
Institutions: Court of Justice
Subjects: basis of tax assessment, criminal proceedings, personal income tax, proof, protection of privacy








C_2019432EN.01001102.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/11






Judgment of the Court (Fifth Chamber) of 24 October 2019 (Requests for a preliminary ruling from the Hof van Cassatie — Belgium) — IN (C-469/18), JM (C-470/18) v Belgische Staat
(Joined Cases C-469/18 and C-470/18) (1)

(Reference for a preliminary ruling - Taxation - Personal Income Tax - Inadmissibility of the request for a preliminary ruling)
(2019/C 432/12)
Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings


Applicant: IN (C-469/18), JM (C-470/18)

Defendant: Belgische Staat

Operative part of the judgment

The requests for a preliminary ruling made by the Hof van Cassatie (Court of Cassation, Belgium) by decisions of 28 June 2018 are inadmissible.


(1)  OJ C 427, 26.11.2018.
Case T-332/17: Judgment of the General Court of 24 October 2019 — E-Control v ACER (Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence)
Date: 2019-10-24
Institutions: General Court
Subjects: abuse of power, electrical energy, energy grid, energy law, energy transport, free movement of goods, freedom to provide services, market access, principle of proportionality








C_2019432EN.01003501.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/35






Judgment of the General Court of 24 October 2019 — E-Control v ACER
(Case T-332/17) (1)

(Energy - Decision of the Board of Appeal of ACER - Determination of the capacity calculation regions - Action for annulment - Interest in bringing proceedings - Inadmissible in part - Regulation (EU) 2015/1222 - ACER’s competence)
(2019/C 432/39)
Language of the case: English

Parties


Applicant: Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) (Vienna, Austria) (represented by: F. Schuhmacher, lawyer)

Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents)

Intervener in support of the applicant: Verbund AG (Vienna) (represented by: S. Polster, lawyer)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent)

Re:

Action under Article 263 TFEU seeking annulment of Decision A-001-2017 (consolidated) of the Board of Appeal of ACER of 17 March 2017 dismissing the appeals brought against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions.

Operative part of the judgment

The Court:






1.



Annuls Decision A-001-2017 (consolidated) of the Board of Appeal of the Agency for the Cooperation of Energy Regulators (ACER) of 17 March 2017 dismissing the appeals against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions in so far as it dismisses the appeal brought by Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control);











2.



Dismisses the action as to the remainder;











3.



Declares that ACER is to bear its own costs and orders it to pay one quarter of the costs incurred by E-Control;











4.



Declares that E-Control is to bear three quarters of its own costs;











5.



Declares that the Czech Republic, the Republic of Poland and Verbund AG are to bear their own costs.







(1)  OJ C 249, 31.7.2017.
Council Implementing Regulation (EU) 2019/1779 of 24 October 2019 implementing Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi
Date: 2019-10-24
Institutions: Council of the European Union
Subjects: Burundi, EU restrictive measure, economic sanctions, international sanctions, natural person








L_2019272EN.01000501.xml










25.10.2019   


EN


Official Journal of the European Union


L 272/5








            COUNCIL IMPLEMENTING REGULATION (EU) 2019/1779
of 24 October 2019
         
implementing Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (1), and in particular Article 13(4) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 1 October 2015, the Council adopted Regulation (EU) 2015/1755.












(2)


On the basis of a review by the Council, the information concerning one natural person in Annex I to Regulation (EU) 2015/1755 should be amended.












(3)


Annex I to Regulation (EU) 2015/1755 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2015/1755 is amended as set out in the Annex to this Regulation.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 24 October 2019.


For the Council


The President

A.-K. PEKONEN
            





(1)  
            OJ L 257, 2.10.2015, p. 1.




ANNEX
In Annex I to Regulation (EU) 2015/1755, entry 1 under the heading ‘List of natural and legal persons, entities and bodies referred to in Article 2’ is replaced by the following:









 


Name


Identifying information


Grounds for designation




‘1.


Godefroid BIZIMANA


Gender: Male
DOB: 23.4.1968
POB: NYAGASEKE, MABAYI, CIBITOKE
Burundian nationality. Passport number: DP0001520


“Chargé de missions de la Présidence” and former Deputy Director General of the National Police. Responsible for undermining democracy by making operational decisions that have led to a disproportionate use of force and acts of violent repression towards peaceful demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza.’
Commission statement 2019/C 360/02
Date: 2019-10-24
Institutions: Council of the European Union
Subjects: EU Member State, accession to an agreement, consumer information, designation of origin, external competence (EU), intellectual property, labelling, product designation, third country








C_2019360EN.01002301.xml










24.10.2019   


EN


Official Journal of the European Union


C 360/23






Commission statement
(2019/C 360/02)
The Commission notes that the Union has exclusive external competence on geographical indications and is acceding to the Geneva Act of the Lisbon Agreement as a Party on its own right. This follows from the ruling of the European Court of Justice of 25.10.2017 (Case C-389/15- Commission v Council). Given the EU’s exclusive external competence, Member States are prevented from becoming Parties to the Geneva Act in their own right and should no longer themselves protect geographical indications newly registered by third country members of the Lisbon system. The Commission, mindful of the exceptional circumstances given that seven Member States have been Parties to the Lisbon Agreement for a long time, that they have extensive intellectual property registered under it and that a smooth transition is needed, would exceptionally have been ready to agree that, in this particular case, BG, CZ, SK, FR, HU, IT, PT could have been authorised to accede to the Geneva Act in the interest of the EU.
The Commission strongly objects to the Council’s continued insistence on the possibility for all EU Member States which wish to do so to be authorised to ratify or accede to the Geneva Act alongside the Union, while giving as a reason the regularisation of the Union’s voting rights in view of point (b)(ii) of Article 22(4) of the Geneva Act rather than the aforesaid exceptional circumstances.
Further, the Commission would like to recall that, given that the Union has exercised its internal competence for agricultural geographical indications, the EU Member States cannot have national agricultural GI protection systems of their own.
Therefore the Commission reserves its rights including the right to avail itself of legal remedies against the Council’s decision and, in any event, considers that this case cannot constitute a precedent for any other existing or future international/WIPO agreements, in particular but not only where the EU has already ratified international agreements by itself on the basis of its exclusive competence.
Case C-35/19: Judgment of the Court (Eighth Chamber) of 24 October 2019 (Request for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — BU v État belge (Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — National legislation — Tax exemption for disability allowances — Allowances received in another Member State — Not included — Difference in treatment)
Date: 2019-10-24
Institutions: Court of Justice
Subjects: disability insurance, disabled person, equal treatment, free movement of workers, tax exemption, tax on income








C_2019432EN.01001302.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/13






Judgment of the Court (Eighth Chamber) of 24 October 2019 (Request for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — BU v État belge
(Case C-35/19) (1)

(Reference for a preliminary ruling - Free movement of workers - Equal treatment - Income tax - National legislation - Tax exemption for disability allowances - Allowances received in another Member State - Not included - Difference in treatment)
(2019/C 432/15)
Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings


Applicant: BU

Defendant: État belge

Operative part of the judgment

Article 45 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which, without providing justification in that regard, a matter which is however for the referring court to verify, provides that the tax exemption applicable to disability allowances is subject to the condition that those allowances are paid by a body of the Member State concerned and, therefore, excludes from that exemption allowances of the same nature paid by another Member State, even where the recipient of those allowances is a resident of the Member State concerned.


(1)  OJ C 103, 18.3.2019.
Prior notification of a concentration (Case M.9591 — MHI/PT) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 360/06
Date: 2019-10-24
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, machinery, mechanical engineering, merger control, metallurgical industry, nuclear industry, provision of services








C_2019360EN.01003001.xml










24.10.2019   


EN


Official Journal of the European Union


C 360/30






Prior notification of a concentration
(Case M.9591 — MHI/PT)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 360/06)

1.   

On 15 October 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:






—


Mitsubishi Heavy Industries, Ltd. (‘MHI’, Japan),










—


Primetals Technologies, Limited (‘PT’, United Kingdom), jointly controlled by MHI and Siemens Aktiengesellschaft (‘Siemens AG’, Germany).




MHI acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of PT.
The concentration is accomplished by way of purchase of shares.

2.   
The business activities of the undertakings concerned are:






—


for MHI: shipbuilding and ocean development, power systems, nuclear energy systems, compressors and compressor trains, turbines, industrial machinery, automotive, engineering, infrastructure and others,










—


for PT: design and construction of plants in the metallurgical industry and associated project management services.






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.


Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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.9591 — MHI/PT
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’).

(2)  OJ C 366, 14.12.2013, p. 5.
Council Decision (EU) 2019/1815 of 24 October 2019 appointing two members and three alternate members, proposed by the Republic of Slovenia, of the Committee of the Regions
Date: 2019-10-24
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Slovenia, appointment of members








L_2019278EN.01001201.xml










30.10.2019   


EN


Official Journal of the European Union


L 278/12








            COUNCIL DECISION (EU) 2019/1815
of 24 October 2019
         
appointing two members and three alternate members, proposed by the Republic of Slovenia, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Slovenian Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


Two members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Peter BOSSMAN and Ms Andreja POTOČNIK.












(3)


Three alternate members’ seats on the Committee of the Regions have become vacant following the end of the term of office of Ms Mojca ČEMAS STJEPANOVIČ, Ms Tanja VINDIŠ FURMAN and Mr Miran SENČAR,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as members:






—


Mr Gregor MACEDONI, župan Mestne občine Novo mesto,











—


Ms Nuška GAJŠEK, županja Mestne občine Ptuj;















(b)


as alternate members:






—


Mr Aleksander Saša ARESNOVIČ, župan Mestne občine Maribor,










—


Ms Breda ARNŠEK, podžupanja Mestne občine Celje,











—


Ms Vlasta KRMELJ, županja Občine Selnica ob Dravi.










Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 24 October 2019.


For the Council


The President

A.-K. PEKONEN
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).