do-me/EUR-LEX huggingface dataset:
Case T-794/19: Action brought on 15 November 2019 — Set v Commission
Date: 2019-11-15
Institutions: General Court
Subjects: Italy, State aid, control of State aid, electrical energy, energy production, environmental protection








C_2020010EN.01005201.xml










13.1.2020   


EN


Official Journal of the European Union


C 10/52






Action brought on 15 November 2019 — Set v Commission
(Case T-794/19)
(2020/C 10/63)
Language of the case: Italian

Parties


Applicant: Set SpA (Milan, Italy) (represented by: N. Aicardi, T. Ferrario, and M. Vasari, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision by which the Commission decided not to raise objections to the ‘Modification of the Italian capacity mechanism: Introduction of environmental requirements’, State Aid SA.53821 (2019/N);










—


order the defendant to pay the costs incurred by the applicant in the present proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 108(2) TFEU, in accordance with the provisions of Articles 4 and 6 of Regulation (EU) 2015/1589 (1) laying down detailed rules for the application of the formal investigation procedure, in the context of the assessment, by the Commission, of the compatibility of the notified measure with the internal market.






—


In this regard the applicant highlights the issues connected to and the effects resulting from the opening up of the market-wide capacity mechanism to new, unauthorised production units, in respect of which the Commission failed to carry out an adequate assessment, noting that further aspects of the rules were amended in respect of which the Commission nonetheless either failed to carry out an assessment or carried out an incorrect assessment.






(1)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9).
Prior notification of a concentration (Case M.9555 — Recruit/MUBK/JV) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 387/06
Date: 2019-11-15
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, economic concentration, financial services, information technology, merger control, provision of services, retail selling








C_2019387EN.01001501.xml










15.11.2019   


EN


Official Journal of the European Union


C 387/15






Prior notification of a concentration
(Case M.9555 — Recruit/MUBK/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 387/06)

1.   
On 8 November 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:






—


Recruit Co, Ltd (‘Recruit’, Japan),










—


MUFG Bank Ltd (‘MUBK’, Japan),










—


newly formed JV (‘JV’, Japan).




Recruit and MUBK acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.


2.   
The business activities of the undertakings concerned are:






—


Recruit: provision of information technology services for various purposes such as recruiting, education and booking,










—


MUBK: retail banking in Japan, with offices in Japan and 40 other countries,










—


JV: finance services for major enterprises and small to medium businesses only in Japan to support their day-to-day management and operations.






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.9555 — Recruit/MUBK/JV
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.
Case C-635/19: Order of the President of the Court of 15 November 2019 (request for a preliminary ruling from the Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi — Spain) — Confederación Sindical Comisiones Obreras de Euskadi v Ayuntamiento de Arrigorriaga
Date: 2019-11-15
Institutions: Court of Justice
Subjects: collective agreement, pay, pay policy, public procurement, tendering








C_2020137EN.01004501.xml










27.4.2020   


EN


Official Journal of the European Union


C 137/45






Order of the President of the Court of 15 November 2019 (request for a preliminary ruling from the Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi — Spain) — Confederación Sindical Comisiones Obreras de Euskadi v Ayuntamiento de Arrigorriaga
(Case C-635/19) (1)

(2020/C 137/69)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 406, 2.12.2019.
Case C-834/19: Request for a preliminary ruling from the Tribunale di Vicenza (Italy) lodged on 15 November 2019 — AV v Minister for Justice and the Italian Republic
Date: 2019-11-15
Institutions: Court of Justice
Subjects: judge, ordinary court of law, part-time employment, temporary employment








C_2020054EN.01003001.xml










17.2.2020   


EN


Official Journal of the European Union


C 54/30






Request for a preliminary ruling from the Tribunale di Vicenza (Italy) lodged on 15 November 2019 — AV v Minister for Justice and the Italian Republic
(Case C-834/19)
(2020/C 54/32)
Language of the case: Italian

Referring court

Tribunale di Vicenza

Parties to the main proceedings


Applicant: AV

Defendant: Minister for Justice and the Italian Republic

Questions referred

Does the national practice whereby honorary district court judges who work as described [in the order for reference] (as in AV’s case) are excluded from the concept of ‘part-time worker’, as referred to in Clause 2 of the Framework Agreement annexed to Directive 1997/81/EC, (1) and from the concept of ‘fixed-term worker’, as referred to in Clause 2 of the Framework Agreement annexed to Directive 1999/70/EC, (2) constitute an obstacle to the effectiveness of Directives 1997/81/EC and 1999/70/EC?


(1)  Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Annex: Framework agreement on part-time work (OJ 1998 L 14, p. 9).

(2)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).
Corrigendum to Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (Official Journal of the European Union L 280 of 31 October 2019)
Date: 2019-11-15
Institutions: European Commission
Subjects: Combined Nomenclature, Taric, customs regulations, specification of tariff heading, tariff preference








L_2019296EN.01006301.xml










15.11.2019   


EN


Official Journal of the European Union


L 296/63







Corrigendum to Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
(
Official Journal of the European Union L 280 of 31 October 2019
)

On page 1 in the title, and on page 2 in the concluding formula:
for:


                  ‘
                  9 October 2019
                  ’,

read:


                  ‘
                  22 October 2019
                  ’.
Corrigendum to Statement by the Commission with respect to Article 14(2) concerning the cooperation with the Union agencies (Official Journal of the European Union C 347 of 14 October 2019)2019/C 387/08
Date: 2019-11-15
Institutions: Council of the European Union
Subjects: EU office or agency, EU statistics, data collection, interinstitutional cooperation (EU), social statistics, statistical method




C_2019387EN.01001801.xml










15.11.2019   


EN


Official Journal of the European Union


C 387/18






Corrigendum to Statement by the Commission with respect to Article 14(2) concerning the cooperation with the Union agencies

(
Official Journal of the European Union C 347 of 14 October 2019
)

(2019/C 387/08)
On the cover page and on page 1, in the title:
for:

‘Statement by the Commission with respect to Article 14(2) concerning the cooperation with the Union agencies’,

read:

‘Statement by the Commission with respect to Article 14(2) of Regulation (EU) 2019/1700 of the European Parliament and of the Council, concerning the cooperation with the Union agencies’.

On page 1, first sentence:
for:

‘To ensure coherence and comparability of European social statistics, the Commission will reinforce cooperation with Union agencies in line with Article 14(2) and the related recitals (12 and 33).’,

read:

‘To ensure coherence and comparability of European social statistics, the Commission will reinforce cooperation with Union Agencies in line with Article 14(2) and the related recitals (12 and 33) of Regulation (EU) 2019/1700 of the European Parliament and of the Council (*).
Case C-844/19: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 15 November 2019 — CS v Finanzamt Graz-Stadt
Date: 2019-11-15
Institutions: Court of Justice
Subjects: VAT, establishment, interest, tax rebate, tax relief, taxpayer








C_2020077EN.01002301.xml










9.3.2020   


EN


Official Journal of the European Union


C 77/23






Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 15 November 2019 — CS v Finanzamt Graz-Stadt
(Case C-844/19)
(2020/C 77/33)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Appellants on a point of law: CS, Finanzamt Graz-Stadt

Interveners: Finanzamt Judenburg Liezen, technoRent International GmbH

Questions referred







1.


Is there a rule with direct effect under EU law that grants a taxpayer to whom the tax office, in circumstances such as those in the main proceedings, has not refunded a turnover tax credit in good time entitlement to interest for late payment, with the result that he can claim that entitlement before the tax office or before the administrative courts, even though national law does not provide for such a rule on interest?
If Question 1 is answered in the affirmative:










2.


Is it permissible also in the case of a turnover tax claim made by the taxable person as a result of a subsequent reduction of consideration under Article 90(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) that interest begins to accrue only after expiry of a reasonable period for the tax office to assess the lawfulness of the entitlement claimed by the taxable person?










3.


Does the fact that the national law of a Member State does not provide for any rule on interest in respect of the late crediting of turnover tax credits mean that the national courts must, when calculating interest, apply the legal consequence laid down by the second subparagraph of Article 27(2) of Council Directive 2008/9/EC of 12 February 2008 laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State, (2) even though the main proceedings do not fall within the scope of that directive?






(1)  OJ 2006 L 347, p. 1.

(2)  OJ 2008 L 44, p. 23.
Euro exchange ratesSource: reference exchange rate published by the ECB. 14 November 20192019/C 387/03
Date: 2019-11-15
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019387EN.01001001.xml










15.11.2019   


EN


Official Journal of the European Union


C 387/10






Euro exchange rates (1)

14 November 2019
(2019/C 387/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0997 




JPY


Japanese yen


119,49 




DKK


Danish krone


7,4720 




GBP


Pound sterling


0,85643 




SEK


Swedish krona


10,6940 




CHF


Swiss franc


1,0873 




ISK


Iceland króna


135,20 




NOK


Norwegian krone


10,1198 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,560 




HUF


Hungarian forint


333,87 




PLN


Polish zloty


4,2926 




RON


Romanian leu


4,7673 




TRY


Turkish lira


6,3361 




AUD


Australian dollar


1,6213 




CAD


Canadian dollar


1,4588 




HKD


Hong Kong dollar


8,6098 




NZD


New Zealand dollar


1,7223 




SGD


Singapore dollar


1,4989 




KRW


South Korean won


1 287,87 




ZAR


South African rand


16,3205 




CNY


Chinese yuan renminbi


7,7210 




HRK


Croatian kuna


7,4383 




IDR


Indonesian rupiah


15 508,18 




MYR


Malaysian ringgit


4,5720 




PHP


Philippine peso


55,788 




RUB


Russian rouble


70,4908 




THB


Thai baht


33,218 




BRL


Brazilian real


4,5928 




MXN


Mexican peso


21,3699 




INR


Indian rupee


79,1000 






(1)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) 2019/1940 of 15 November 2019 entering a name in the register of protected designations of origin and protected geographical indications Paški sir (PDO)
Date: 2019-11-15
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: County of Lika-Senj, County of Zadar, Croatia, designation of origin, hard cheese, labelling, product designation, sheep's milk cheese








L_2019303EN.01002501.xml










25.11.2019   


EN


Official Journal of the European Union


L 303/25








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/1940
of 15 November 2019
         
entering a name in the register of protected designations of origin and protected geographical indications ‘Paški sir’ (PDO)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Croatia’s application to register the name ‘Paški sir’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Paški sir’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Paški sir’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.3. – Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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 Brussels, 15 November 2019.


For the Commission


On behalf of the President

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 225, 5.7.2019, p. 33.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Explanatory Notes to the Combined Nomenclature of the European Union2019/C 387/04
Date: 2019-11-15
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, toy industry








C_2019387EN.01001101.xml










15.11.2019   


EN


Official Journal of the European Union


C 387/11






Explanatory Notes to the Combined Nomenclature of the European Union
(2019/C 387/04)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 412:


The following text and photographs are inserted as second paragraph to the explanatory note to subheadings 9503 00 35 and 9503 00 39:


‘These subheadings also include building blocks.
Due to their objective characteristics the blocks are designed for building a structure. They may include, for example, pins and holes to hold them together or may merely comprise plain surfaces which are placed one on the other.
Examples of building blocks:






Example of blocks having a rim that fits into the opening of another block to build a structure (tower):



See also the HS Explanatory Notes to heading 9503(D) (iii).
See also the CN Explanatory Notes to subheadings 9503 00 61 and 9503 00 69 and to subheadings 9503 00 95 and 9503 00 99.’


On page 412:


The following text and photograph are inserted:








‘9503 00 61 and 9503 00 69




Puzzles

These subheadings include puzzles comprising blocks in the form of cubes.
Example of cubes that display part of a different puzzle on each of their six sides:



See also the example of a puzzle in the form of cubes classified in Commission Regulation (EC) No 1056/2006 of 12 July 2006.
See also the CN Explanatory Notes to subheadings 9503 00 95 and 9503 00 99.’






On page 413:


The following text and photographs are inserted:








‘9503 00 95 and 9503 00 99




Other

These subheadings include blocks in the form of cubes displaying different images (for example, numbers, letters, patterns, images of animals). They are designed for the amusement of small children. Contrary to building blocks they are not designed with the objective of building a structure.
Example of a toy consisting of several cubes displaying different images on each of their sides:






The cubes displayed in the photographs are not classified as a puzzle, because the cubes primarily serve other purposes (counting, amusement etc.). Only one of the six sides of each cube serves as a puzzle.
These subheadings do not include:






(A)


Building blocks
The main objective of building blocks is the building of structures.
See also the CN Explanatory Notes to subheadings 9503 00 35 and 9503 00 39.










(B)


Puzzles
See also the CN Explanatory Notes to subheadings 9503 00 61 and 9503 00 69.’











(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.
Prior notification of a concentration (Case M.9360 — Daimler/Geely/JV) (Text with EEA relevance) 2019/C 387/07
Date: 2019-11-15
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electric vehicle, merger control, motor vehicle industry, sale








C_2019387EN.01001701.xml










15.11.2019   


EN


Official Journal of the European Union


C 387/17






Prior notification of a concentration
(Case M.9360 — Daimler/Geely/JV)
(Text with EEA relevance)
(2019/C 387/07)

1.   
On 8 November 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:






—


Daimler AG (‘Daimler’, Germany),










—


Zhejiang Geely Holding Group Co. Ltd (‘Geely’, People's Republic of China),










—


Joint Venture Company (‘JV’, People's Republic of China).




Daimler and Geely acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV. The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:






—


for Daimler: the development, manufacture and distribution of automotive products, mainly passenger cars, trucks, vans and buses,










—


for Geely: the production and sale of passenger vehicles,










—


for the JV: the development, manufacture and distribution of pure battery electric vehicles (BEV) of the ‘smart’ brand.






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.9360 — Daimler/Geely/JV
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-830/19: Request for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 15 November 2019 — C.J. v Région wallonne
Date: 2019-11-15
Institutions: Court of Justice
Subjects: EAFRD, agricultural holding, aid to agriculture, rural development, young farmer








C_2020027EN.01002501.xml










27.1.2020   


EN


Official Journal of the European Union


C 27/25






Request for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 15 November 2019 — C.J. v Région wallonne
(Case C-830/19)
(2020/C 27/32)
Language of the case: French

Referring court

Tribunal de première instance de Namur

Parties to the main proceedings


Applicant: C.J.

Defendant: Région wallonne

Question referred

Do Articles 2, 5 and 19 of Regulation (EU) No 135/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, (1) read in conjunction with Article 2 of Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions, (2) preclude, in the implementation of those provisions, Member States from taking account of the entire holding and not only the share of the young farmer in it and/or of work units in order to determine the upper and lower thresholds where the agricultural holding is operated in the form of an unincorporated association in which the young farmer acquires an undivided share and exercises joint control over the holding?


(1)  OJ 2013 L 347, p. 487.

(2)  OJ 2014 L 227, p. 1.