do-me/EUR-LEX huggingface dataset:
Case C-523/18: Judgment of the Court (Fifth Chamber) of 19 December 2019 (request for a preliminary ruling from the Audiencia Nacional — Spain) — Engie Cartagena SL v Ministerio para la Transición Ecológica, formerly Ministerio de Industria, Energía y Turismo (Reference for a preliminary ruling — Internal market in electricity — Common rules — Directive 2003/54/EC — Article 3(2) — Directive 2009/72/EC — Article 3(2) — Public service obligations — Meaning — National rules — Financing of energy efficiency plans — Designation of electricity generating undertakings — Mandatory contribution)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: action programme, electrical energy, energy consumption, energy efficiency, energy industry, energy production, energy saving, financing, services of general interest








C_2020061EN.01001201.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/12






Judgment of the Court (Fifth Chamber) of 19 December 2019 (request for a preliminary ruling from the Audiencia Nacional — Spain) — Engie Cartagena SL v Ministerio para la Transición Ecológica, formerly Ministerio de Industria, Energía y Turismo
(Case C-523/18) (1)

(Reference for a preliminary ruling - Internal market in electricity - Common rules - Directive 2003/54/EC - Article 3(2) - Directive 2009/72/EC - Article 3(2) - Public service obligations - Meaning - National rules - Financing of energy efficiency plans - Designation of electricity generating undertakings - Mandatory contribution)
(2020/C 61/13)
Language of the case: Spanish

Referring court

Audiencia Nacional

Parties to the main proceedings


Applicant: Engie Cartagena SL

Defendant: Ministerio para la Transición Ecológica, formerly Ministerio de Industria, Energía y Turismo

Interveners in support of the defendant: Endesa Generación, SA, EDP España SAU, Bizkaia Energía, SL, Iberdrola Generación SAU, Tarragona Power SL, Bahia de Bizkaia Electricidad SL, Viesgo Generación SL

Operative part of the judgment

Article 3(2) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC must be interpreted as meaning that a financial contribution imposed on certain electricity generating undertakings for the purpose of financing savings and energy efficiency plans managed by a public authority does not constitute a public service obligation falling within that provision.


(1)  OJ C 408, 12.11.2018.
Case C-465/18: Judgment of the Court (Fourth Chamber) of 19 December 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — AV, BU v Comune di Bernareggio (Reference for a preliminary ruling — Freedom of establishment — Sale of a pharmacy under a tendering procedure — National legislation — Right of pre-emption granted to employees of the pharmacy being sold)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: pharmacy, right of establishment, right of pre-emption, sale, staff, tendering, transfer of businesses, transfer of property








C_2020068EN.01001201.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/12






Judgment of the Court (Fourth Chamber) of 19 December 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — AV, BU v Comune di Bernareggio
(Case C-465/18) (1)

(Reference for a preliminary ruling - Freedom of establishment - Sale of a pharmacy under a tendering procedure - National legislation - Right of pre-emption granted to employees of the pharmacy being sold)
(2020/C 68/09)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: AV, BU

Defendant: Comune di Bernareggio

Intervener: CT

Operative part of the judgment

Article 49 TFEU must be interpreted as precluding a national measure that grants an unconditional right of pre-emption to pharmacists employed by a municipal pharmacy, in the event of the sale of that pharmacy by tender.


(1)  OJ C 399, 5.11.2018.
Notice concerning the date of entry into force of the Agreement between the United States of America and the European Union on the Allocation to the United States of a Share in the Tariff Rate Quota for High Quality Beef referred to in the Revised Memorandum of Understanding Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union (2014)
Date: 2019-12-19
Institutions: Council of the European Union
Subjects: United States, agreement (EU), beef, hormone, import (EU), originating product, product quality, tariff quota








L_2019329EN.01000101.xml










19.12.2019   


EN


Official Journal of the European Union


L 329/1







Notice concerning the date of entry into force of the Agreement between the United States of America and the European Union on the Allocation to the United States of a Share in the Tariff Rate Quota for High Quality Beef referred to in the Revised Memorandum of Understanding Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union (2014)

The Agreement between the United States of America and the European Union on the Allocation to the United States of a Share in the Tariff Rate Quota for High Quality Beef referred to in the Revised Memorandum of Understanding Regarding the Importation of Beef from Animals Not Treated with Certain Growth-Promoting Hormones and Increased Duties Applied by the United States to Certain Products of the European Union (2014) (1), signed in Washington on 2 August 2019, entered into force on 14 December 2019.


(1)  
            OJ L 316, 6.12.2019, p. 3.
Case T-589/18: Judgment of the General Court of 19 December 2019 — Vins el Cep v EUIPO — Rotkäppchen-Mumm Sektkellereien (MIM NATURA) (EU trade mark — Opposition proceedings — Application for the EU figurative mark MIM NATURA — Earlier international word and figurative registrations MM and MM and earlier national word mark MUMM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-12-19
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2020061EN.01002801.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/28






Judgment of the General Court of 19 December 2019 — Vins el Cep v EUIPO — Rotkäppchen-Mumm Sektkellereien (MIM NATURA)
(Case T-589/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark MIM NATURA - Earlier international word and figurative registrations MM and MM and earlier national word mark MUMM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 61/34)
Language of the case: English

Parties


Applicant: Vins el Cep, SL (Sant Sadurní d’Anoia, Spain) (represented by: J. Vázquez Salleras and G. Ferrer Gonzalvez, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Rotkäppchen-Mumm Sektkellereien GmbH (Eltville, Germany) (represented by: W. Berlit, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 12 July 2018 (Case R 2270/2017-1), relating to opposition proceedings between Rotkäppchen-Mumm Sektkellereien and Vins el Cep, SL.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Vins el Cep, SL, to pay the costs.







(1)  OJ C 427, 26.11.2018.
Case T-100/18: Judgment of the General Court of 19 December 2019 — Wehrheim v ECB (Civil service — ECB staff — Remuneration — Expatriation allowance — Discontinuation — Liability — Material and non-material harm — Service-related fault)
Date: 2019-12-19
Institutions: General Court
Subjects: European official, allowances and expenses, damages, expatriate worker








C_2020054EN.01004702.xml










17.2.2020   


EN


Official Journal of the European Union


C 54/47






Judgment of the General Court of 19 December 2019 — Wehrheim v ECB
(Case T-100/18) (1)

(Civil service - ECB staff - Remuneration - Expatriation allowance - Discontinuation - Liability - Material and non-material harm - Service-related fault)
(2020/C 54/52)
Language of the case: French

Parties


Applicant: Christine Wehrheim (Offenbach, Germany) (represented by: N. de Montigny, lawyer)

Defendant: European Central Bank (represented by: F. von Lindeiner and A. Andrzejewska, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking compensation for the material and non-material harm allegedly suffered by the applicant as a result of the error made by the ECB in the determination of her pecuniary rights at the time of her recruitment resulting in the grant of an expatriation allowance, which was subsequently discontinued.

Operative part of the judgment

The Court:






1.



Orders the European Central Bank (ECB) to pay the sum of EUR 1 000 to Ms Christine Wehrheim in respect of non-material damage, together with interest, from the date of delivery of the present judgment, at the rate applied by the ECB to its main refinancing operations, increased by 3.5 percentage points, until the date of payment by the ECB of the amount of EUR 1 000;











2.



Dismisses the action as to the remainder;











3.



Orders Ms Wehrheim and the ECB to bear their own costs.







(1)  OJ C 152, 30.4.2018.
Case C-590/18 P: Judgment of the Court (Seventh Chamber) of 19 December 2019 — Fujikura Ltd v European Commission, Viscas Corp. (Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determination of the relative weight of the European and non-European participants in the cartel — Participation of European undertakings at several levels of the cartel — Principle of equal treatment)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: competition policy, control of restrictive practices, electric cable, equal treatment, international cartel, market-sharing agreement, restriction on competition, sanction (EU)








C_2020061EN.01001501.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/15






Judgment of the Court (Seventh Chamber) of 19 December 2019 — Fujikura Ltd v European Commission, Viscas Corp.
(Case C-590/18 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - European market for underground and submarine power cables - Market allocation in connection with projects - Fines - 2006 Guidelines on the method of setting fines - Determination of the relative weight of the European and non-European participants in the cartel - Participation of European undertakings at several levels of the cartel - Principle of equal treatment)
(2020/C 61/17)
Language of the case: English

Parties


Appellant: Fujikura Ltd (represented by: L. Gyselen, avocat)

Other party to the proceedings: European Commission (represented by: H. van Vliet, A. Biolan and I. Zaloguin, acting as Agents), Viscas Corp (represented by: J.-F. Bellis, avocat)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Declares that Fujikura Ltd is to bear its own costs and orders it to pay those incurred by the European Commission;










3.


Declares that Viscas Corp. is to bear its own costs.






(1)  OJ C 427, 26.11.2018.
Case T-360/19: Order of the General Court of 19 December 2019 — Jalkh v Parliament (Action for annulment — Institutional law — European Parliament legislative resolution — Act not open to challenge — Preparatory act — Inadmissibility)
Date: 2019-12-19
Institutions: General Court
Subjects: EP resolution, European Anti-fraud Office, admissibility, legislative drafting








C_2020061EN.01004601.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/46






Order of the General Court of 19 December 2019 — Jalkh v Parliament
(Case T-360/19) (1)

(Action for annulment - Institutional law - European Parliament legislative resolution - Act not open to challenge - Preparatory act - Inadmissibility)
(2020/C 61/58)
Language of the case: French

Parties


Applicant: Jean-François Jalkh (Gretz-Armainvilliers, France) (represented by: F. Wagner, lawyer)

Defendant: European Parliament (represented by: Z. Nagy and S. Lucente, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of the European Parliament’s legislative resolution of 16 April 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) as regards cooperation with the European Public Prosecutor’s Office and the effectiveness of OLAF investigations (COM(2018)0338 C8-0214/2018 2018J0170(COD).

Operative part of the order







1.



The action is dismissed as inadmissible.











2.



Mr Jean-François Jalkh shall pay the costs.







(1)  OJ C 263, 5.8.2019.
Case C-747/18 P: Order of the Court (Seventh Chamber) of 19 December 2019 — Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) v European Commission (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of locus standi — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: Hungary, State aid, control of State aid, integration of people with disabilities, limitation of legal proceedings, worker with disabilities








C_2020068EN.01002202.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/22






Order of the Court (Seventh Chamber) of 19 December 2019 — Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) v European Commission
(Case C-747/18 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - State aid - Aid implemented by Hungary in favour of companies employing disabled workers - Action for annulment - Alleged decisions not to raise objections - Lack of locus standi - Person not individually concerned - Action not brought in order to safeguard procedural rights - Inadmissibility of the action at first instance - Appeal manifestly unfounded)
(2020/C 68/22)
Language of the case: Hungarian

Parties


Appellant: Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) (represented by: L. Szabó, ügyvéd)

Other party to the proceedings: European Commission (represented by: V. Bottka and C. Georgieva-Kecsmar, acting as Agents)

Operative part of the order







1.


The appeal is dismissed as being manifestly unfounded.










2.


Lux-Rehab Foglalkoztató Non-Profit Kft. (Lux-Rehab Non-Profit Kft.) shall bear its own costs and pay those incurred by the European Commission.






(1)  OJ C 112, 25.3.2019.
Joined Cases C-140/19, C-141/19 and C-492/19 to C-494/19: Order of the Court (Sixth Chamber) of 19 December 2019 (requests for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — EX EX (C-140/19 and C-141/19), OK (C-492/19), PL (C-493/19), QM (C-494/19) v Bezirkshauptmannschaft Hartberg-Fürstenfeld (Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Posting of workers — Article 56 TFEU — Directive 2014/67/EU — Articles 9 and 20 — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit — Court fees — Manifest inadmissibility)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: administrative formalities, administrative sanction, fine, free movement of workers, freedom to provide services, labour law, legal expenses, pay, posted worker, principle of proportionality








C_2020068EN.01002501.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/25






Order of the Court (Sixth Chamber) of 19 December 2019 (requests for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — EX EX (C-140/19 and C-141/19), OK (C-492/19), PL (C-493/19), QM (C-494/19) v Bezirkshauptmannschaft Hartberg-Fürstenfeld
(Joined Cases C-140/19, C-141/19 and C-492/19 to C-494/19) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Freedom to provide services - Posting of workers - Article 56 TFEU - Directive 2014/67/EU - Articles 9 and 20 - Reporting of workers - Retention of records of wages - Penalties - Proportionality - Fines of a predefined minimum amount - Cumulative - No upper limit - Court fees - Manifest inadmissibility)
(2020/C 68/26)
Language of the case: German

Referring court

Landesverwaltungsgericht Steiermark

Parties to the main proceedings


Applicants: EX EX (C-140/19 and C-141/19), OK (C-492/19), PL (C-493/19), QM (C-494/19)

Defendant: Bezirkshauptmannschaft Hartberg-Fürstenfeld

Intervener: Finanzpolizei

Operative part of the order

Article 20 of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) must be interpreted as precluding national legislation which lays down, in the event of non-compliance with labour law obligations relating to the reporting of workers and the retention of records of wages, the imposition of high fines:






—


which may not be lower than a predefined amount;










—


which are imposed cumulatively in respect of each worker concerned and without an upper limit, and










—


to which is added a contribution to court costs of 20 % of the amount of the fines if the appeal against the decision imposing those fines is dismissed.






(1)  OJ C 187, 3.6.2019.

OJ C 328, 30.9.2019.
Council Implementing Decision (EU) 2019/2250 of 19 December 2019 approving the Rules of Procedure of Eurojust
Date: 2019-12-19
Institutions: Council of the European Union
Subjects: Eurojust, data protection, personal data, rules of procedure








L_2019336EN.01030901.xml










30.12.2019   


EN


Official Journal of the European Union


L 336/309








            COUNCIL IMPLEMENTING DECISION (EU) 2019/2250
of 19 December 2019
         
approving the Rules of Procedure of Eurojust


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (1), and in particular Article 5(5) thereof,

Whereas:







(1)


In accordance with Regulation (EU) 2018/1727, the College of Eurojust (‘the College’) is to adopt Eurojust’s Rules of Procedure. Those Rules of Procedure are to be approved by the Council by means of implementing acts.












(2)


The draft Rules of Procedure were approved, in accordance with Article 5(5) of Regulation (EU) 2018/1727, by the College on 12 December 2019. The separate draft Rules of Procedure on the processing and protection of personal data referred to in Article 17 of the Rules of Procedure were approved by the College on 16 December 2019.












(3)


The Rules of Procedure and the separate Rules of Procedure on the processing and protection of personal data referred to in Article 17 of the Rules of Procedure, should be approved by the Council.












(4)


Denmark is not bound by Regulation (EU) 2018/1727 and is therefore not taking part in the adoption and application of this Decision, which implements Regulation (EU) 2018/1727.












(5)


Ireland and the United Kingdom are bound by Regulation (EU) 2018/1727 and are therefore taking part in the adoption and application of this Decision, which implements Regulation (EU) 2018/1727.





HAS ADOPTED THIS DECISION:



Article 1
The Rules of Procedure of Eurojust, and the separate Rules of Procedure on the processing and protection of personal data referred to in Article 17 of the Rules of Procedure, are hereby approved.


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




Done at Brussels, 19 December 2019,


For the Council


The President

K. MIKKONEN
            





(1)  
            OJ L 295, 21.11.2018, p. 138.
Case C-748/18 P: Order of the Court (Seventh Chamber) of 19 December 2019 — Motex Ipari és Szolgáltató Rehabilitációs Kft. (Motex Kft.) v European Commission (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of standing — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded)
Date: 2019-12-19
Institutions: Court of Justice
Subjects: Hungary, State aid, control of State aid, integration of people with disabilities, limitation of legal proceedings, worker with disabilities








C_2020068EN.01002301.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/23






Order of the Court (Seventh Chamber) of 19 December 2019 — Motex Ipari és Szolgáltató Rehabilitációs Kft. (Motex Kft.) v European Commission
(Case C-748/18 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - State aid - Aid implemented by Hungary in favour of companies employing disabled workers - Action for annulment - Alleged decisions not to raise objections - Lack of standing - Person not individually concerned - Action not brought in order to safeguard procedural rights - Inadmissibility of the action at first instance - Appeal manifestly unfounded)
(2020/C 68/23)
Language of the case: Hungarian

Parties


Appellant: Motex Ipari és Szolgáltató Rehabilitációs Kft. (Motex Kft.) (represented by: L. Szabó, ügyvéd)

Other party to the proceedings: European Commission (represented by: V. Bottka and C. Georgieva-Kecsmar, acting as Agents)

Operative part of the order







1.


The appeal is dismissed as being manifestly unfounded.










2.


Motex Ipari és Szolgáltató Rehabilitációs Kft. (Motex Kft.) shall bear its own costs and pay those incurred by the European Commission.






(1)  OJ C 112, 25.3.2019.