do-me/EUR-LEX huggingface dataset:
Case C-9/20: Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 10 January 2020 — Grundstücksgemeinschaft Kollaustraße 136 v Finanzamt Hamburg-Oberalster
Date: 2020-01-10
Institutions: Court of Justice
Subjects: VAT, commercial transaction, tax relief








C_2020137EN.01003101.xml










27.4.2020   


EN


Official Journal of the European Union


C 137/31






Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 10 January 2020 — Grundstücksgemeinschaft Kollaustraße 136 v Finanzamt Hamburg-Oberalster
(Case C-9/20)
(2020/C 137/43)
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: Grundstücksgemeinschaft Kollaustraße 136

Defendant: Finanzamt Hamburg-Oberalster

Questions referred







1.


Does Article 167 of Directive 2006/112/EC of 28 November 2006 on the common system of valued added tax (1) preclude a provision of national law according to which the right of input tax deduction already arises at the time the transaction is performed, even if, under national law, the tax claim against the supplier or service provider arises only when the remuneration is received and the remuneration has not yet been paid?










2.


If the first question is answered in the negative: Does Article 167 of Directive 2006/112/EC of 28 November 2006 on the common system of valued added tax preclude a provision of national law according to which the right of input tax deduction cannot be asserted for the tax period in which the remuneration has been paid if the tax claim against the supplier or service provider arises only when the remuneration is received, the service has already been provided in an earlier tax period and, under national law, due to the matter being time-barred, it is no longer possible to assert the input tax claim for that earlier tax period?






(1)  OJ 2006 L 347, p. 1.
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (Text with EEA relevance, except for products falling under Annex I of the Treaty)
Date: 2020-01-10
Institutions: European Commission
Subjects: Baden-Württemberg, Germany, State aid, control of State aid








C_2020007EN.01001001.xml










10.1.2020   


EN


Official Journal of the European Union


C 7/10






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I of the Treaty)
(2020/C 7/02)







Date of adoption of the decision


12.11.2019




Aid number


SA.50523 (2018/N)




Member State


Germany




Region


BADEN-WUERTTEMBERG


—




Title (and/or name of the beneficiary)


Baden-Württemberg: Verordnung des Ministeriums für Umwelt und Verkehr über Schutzbestimmungen und die Gewährung von Ausgleichsleistungen in Wasser- und Quellenschutzgebieten




Legal basis


Verordnung des Umweltministeriums über Schutzbestimmungen und die Gewährung von Ausgleichsleistungen in Wasser- und Quellenschutzgebieten (SchALVO)




Type of measure


Scheme


—




Objective


Aid for disadvantages related to Natura 2000 areas and to the Water Framework Directive




Form of aid


Direct grant




Budget


Overall budget: EUR 0,75 (in millions)




Intensity


100 %




Duration (period)


until 31.12.2021




Economic sectors


Crop and animal production; hunting and related service activities




Name and address of the granting authority







Landratsamt Zollernalbkreis




Hirschbergstr. 29, 72336 Balingen








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm.
Information concerning the entry into force of the Agreement between the European Community and the Government of Georgia on certain aspects of air services
Date: 2020-01-10
Institutions: Council of the European Union
Subjects: Georgia, agreement (EU), air transport








L_2020006EN.01000601.xml










10.1.2020   


EN


Official Journal of the European Union


L 6/6







Information concerning the entry into force of the Agreement between the European Community and the Government of Georgia on certain aspects of air services


The Agreement between the European Community and the Government of Georgia on certain aspects of air services, signed in Brussels on 3 May 2006, entered into force on 25 February 2008, in accordance with Article 8(1) of the Agreement, as the last notification was deposited on 25 February 2008.
Case T-15/20: Action brought on 10 January 2020 – Skyliners v EUIPO – Sky (SKYLINERS)
Date: 2020-01-10
Institutions: General Court
Subjects: EU trade mark, advertising, clothing, footwear industry, merchandising, professional sport, registered trade mark, sporting event, sports equipment, trade-mark law








C_2020061EN.01006001.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/60






Action brought on 10 January 2020 – Skyliners v EUIPO – Sky (SKYLINERS)
(Case T-15/20)
(2020/C 61/76)
Language of the case: English

Parties


Applicant: Skyliners GmbH (Frankfurt am Main, Germany) (represented by: A. Renck and C. Stöber, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Sky Ltd (Isleworth, United Kingdom)

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 SKYLINERS – Application for registration No 14 570 915

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 October 2019 in Case R 798/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the EUIPO and, in the event that the Other Party before the Board of Appeal joins the proceedings, the Intervener to pay the costs.





Pleas in law







—


Infringement of Article 46(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Rules 19(2) and 15(2)(h)(iii) of Regulation (EC) 2868/95 of the Commission;










—


Infringement of Rule 50(1) third subparagraph of Regulation (EC) 2868/95 of the Commission and Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 95(2) in conjunction with Article 94(1) first sentence of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Information concerning the entry into force of the Agreement between the European Community and Bosnia-Herzegovina on certain aspects of air services
Date: 2020-01-10
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, agreement (EU), air transport








L_2020006EN.01000401.xml










10.1.2020   


EN


Official Journal of the European Union


L 6/4







Information concerning the entry into force of the Agreement between the European Community and Bosnia-Herzegovina on certain aspects of air services


The Agreement between the European Community and Bosnia-Herzegovina on certain aspects of air services, signed in Salzburg on 5 May 2006, entered into force on 12 July 2010, in accordance with Article 8(1) of the Agreement, as the last notification was deposited on 12 July 2010.
Information concerning the entry into force of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on certain aspects of air services
Date: 2020-01-10
Institutions: Council of the European Union
Subjects: North Macedonia, agreement (EU), air transport








L_2020006EN.01000501.xml










10.1.2020   


EN


Official Journal of the European Union


L 6/5







Information concerning the entry into force of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on certain aspects of air services


The Agreement between the European Community and the former Yugoslav Republic of Macedonia on certain aspects of air services, signed in Luxembourg on 9 June 2006, entered into force on 25 February 2008, in accordance with Article 8(1) of the Agreement, as the last notification was deposited on 25 February 2008.
Case C-10/20: Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 10 January 2020 — Flightright GmbH v Eurowings GmbH
Date: 2020-01-10
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, indemnification, traveller








C_2020161EN.01002301.xml










11.5.2020   


EN


Official Journal of the European Union


C 161/23






Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 10 January 2020 — Flightright GmbH v Eurowings GmbH
(Case C-10/20)
(2020/C 161/30)
Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings


Applicant: Flightright GmbH

Defendant: Eurowings GmbH

Questions referred







1.


Is the scheme on compensation in the event of a cancellation under Article 5 in conjunction with Article 7 of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that passengers who are re-routed to the final destination more than one hour before the scheduled departure time, and who then by virtue of the alternative flight arrive earlier at the final destination than would otherwise have been the case with the scheduled (cancelled) flight, also receive compensation by way of an application by analogy of Article 7 of that regulation?










2.








(a)


If Question 1 is answered in the affirmative, can that compensation, which, in principle, is to be granted under Article 7(1) of Regulation No 261/2004, then be reduced under Article 7(2) of that regulation according to the flight distance if the arrival time of the alternative flight is before the scheduled arrival of the flight that was originally booked?










(b)


If Question 2(a) is answered in the affirmative, are there grounds for excluding the possibility of a reduction if the arrival time of the alternative flight is too far ahead of the scheduled arrival time of the flight that was originally booked, for example more than three hours?










(1)  Regulation (EC) No 261/2004 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 (OJ 2004 L 46, p. 1).
Information concerning the entry into force of the Agreement between the European Community and the State of Israel on certain aspects of air services
Date: 2020-01-10
Institutions: Council of the European Union
Subjects: Israel, agreement (EU), air transport








L_2020006EN.01000701.xml










10.1.2020   


EN


Official Journal of the European Union


L 6/7







Information concerning the entry into force of the Agreement between the European Community and the State of Israel on certain aspects of air services


Agreement between the European Community and the State of Israel on certain aspects of air services, signed in Brussels on 9 December 2008, entered into force on 4 November 2009, in accordance with Article 8 of the Agreement, as the last notification was deposited on 4 November 2009.
Withdrawal of notification of a concentration (M.9559 — Telefónica/Prosegur/Prosegur Alarmas España) (Text with EEA relevance) 2020/C 6/03
Date: 2020-01-10
Institutions: Directorate-General for Competition, European Commission
Subjects: building safety, economic concentration, merger control, provision of services, public limited company, telecommunications








C_2020006EN.01000301.xml










10.1.2020   


EN


Official Journal of the European Union


C 6/3






Withdrawal of notification of a concentration
(M.9559 — Telefónica/Prosegur/Prosegur Alarmas España)
(Text with EEA relevance)
(2020/C 6/03)
Council Regulation (EC) No 139/2004
On 27 November 2019, the European Commission received notification (1) of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (‘Merger Regulation’).
On 20 December 2019, the notifying parties informed the Commission that they withdrew their notification.


(1)  Publication in the Official Journal of the European Union C 412, 9.12.2019, p. 21.
Case T-16/20: Action brought on 10 January 2020 – Hub Culture v EUIPO – PayPal (VEN)
Date: 2020-01-10
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law, virtual currency








C_2020061EN.01006101.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/61






Action brought on 10 January 2020 – Hub Culture v EUIPO – PayPal (VEN)
(Case T-16/20)
(2020/C 61/77)
Language of the case: English

Parties


Applicant: Hub Culture Ltd (Hamilton, Bermuda) (represented by: A. Dellmeier, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: PayPal, Inc. (San Jose, California, United States)

Details of the proceedings before EUIPO


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

Trade mark at issue: European Union word mark VEN – European Union trade mark No 9 158 734

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 11 November 2019 in Case R 1988/2018-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Information concerning the entry into force of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services
Date: 2020-01-10
Institutions: Council of the European Union
Subjects: Azerbaijan, agreement (EU), air transport








L_2020006EN.01000301.xml










10.1.2020   


EN


Official Journal of the European Union


L 6/3








Information concerning the entry into force of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services


The Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services, signed in Strasbourg on 7 July 2009, entered into force on 17 December 2010, in accordance with Article 8(1) of the Agreement, as the last notification was deposited on 17 December 2010.
Prior notification of a concentration (Case M.9683 — Colony Capital/PSP/Etix) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 6/07
Date: 2020-01-10
Institutions: European Commission
Subjects: computer centre, data processing, economic concentration, investment company, merger control, provision of services, real estate business








C_2020006EN.01000701.xml










10.1.2020   


EN


Official Journal of the European Union


C 6/7






Prior notification of a concentration
(Case M.9683 — Colony Capital/PSP/Etix)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 6/07)

1.   
On 13 December 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:






—


Colony Capital, Inc. (‘Colony Capital’, U.S.),










—


Public Sector Pension Investment Board (‘PSP’, Canada),










—


Etix Group S.A. (‘Etix’, Luxembourg).




Colony Capital and PSP acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Etix.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Colony Capital: investment management firm active in global real estate,










—


for PSP: a Canadian pension investment manager with a diversified global portfolio,










—


for Etix: a provider of data centres services in Europe, Africa and Latin America.






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.9683 — Colony Capital/PSP/Etix
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
E-mail: 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.
Non-opposition to a notified concentration (Case M.9593 — PTT GC/ALPLA TH/JV) (Text with EEA relevance) 2020/C 44/02
Date: 2020-01-10
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, packaging, petrochemicals, plastics industry, recycled product








C_2020044EN.01000201.xml










10.2.2020   


EN


Official Journal of the European Union


C 44/2






Non-opposition to a notified concentration
(Case M.9593 — PTT GC/ALPLA TH/JV)
(Text with EEA relevance)
(2020/C 44/02)
On 10 January 2020, 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 32020M9593. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-11/20: Action brought on 10 January 2020 — European Commission v Hellenic Republic
Date: 2020-01-10
Institutions: Court of Justice
Subjects: State aid, control of State aid, crop losses, indemnity insurance, insurance indemnity, reimbursement of aid








C_2020068EN.01003801.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/38






Action brought on 10 January 2020 — European Commission v Hellenic Republic
(Case C-11/20)
(2020/C 68/41)
Language of the case: Greek

Parties


Applicant: European Commission (represented by: A. Bouhagiar and Th. Ramopoulos, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing to adopt within the prescribed period all the measures necessary to implement the Commission’s decision of 7 December 2011 in the case SA.28864 SA.28864 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 or, in any event, by failing to inform the Commission sufficiently — in accordance with Article 4 of that decision — of the measures it has taken, the Hellenic Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and under the Treaty on the Functioning of the European Union;










—


order Hellenic Republic to pay the costs.





Pleas in law and main arguments

Under the terms of the Commission decision of 7 December 2011 in case SA.28864, the Hellenic Republic was required to recover within four months the incompatible aid paid by the Greek Agricultural Insurance Agency (ELGA) during 2008 and 2009 and to provide sufficient information to the Commission regarding the necessary measures adopted to that end.
However, the Hellenic Republic has not recovered that aid as it was required to do. Moreover, the Hellenic Republic has not yet adopted the measures necessary to implement the decision. In any event, the Hellenic Republic has not sufficiently informed the European Commission of the measures relevant to the implementation of the decision.
Euro exchange ratesSource: reference exchange rate published by the ECB. 9 January 20202020/C 6/06
Date: 2020-01-10
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020006EN.01000601.xml










10.1.2020   


EN


Official Journal of the European Union


C 6/6






Euro exchange rates (1)

9 January 2020
(2020/C 6/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1110 




JPY


Japanese yen


121,54 




DKK


Danish krone


7,4731 




GBP


Pound sterling


0,85285 




SEK


Swedish krona


10,5330 




CHF


Swiss franc


1,0808 




ISK


Iceland króna


137,70 




NOK


Norwegian krone


9,8665 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,253 




HUF


Hungarian forint


332,51 




PLN


Polish zloty


4,2422 




RON


Romanian leu


4,7785 




TRY


Turkish lira


6,5331 




AUD


Australian dollar


1,6193 




CAD


Canadian dollar


1,4505 




HKD


Hong Kong dollar


8,6317 




NZD


New Zealand dollar


1,6796 




SGD


Singapore dollar


1,5018 




KRW


South Korean won


1 288,28 




ZAR


South African rand


15,7839 




CNY


Chinese yuan renminbi


7,7011 




HRK


Croatian kuna


7,4460 




IDR


Indonesian rupiah


15 387,35 




MYR


Malaysian ringgit


4,5445 




PHP


Philippine peso


56,250 




RUB


Russian rouble


68,0757 




THB


Thai baht


33,647 




BRL


Brazilian real


4,5194 




MXN


Mexican peso


20,8637 




INR


Indian rupee


79,1620 






(1)  Source: reference exchange rate published by the ECB.
Information concerning the entry into force of the Agreement between the European Community and the Council of Ministers of the Republic of Albania on certain aspects of air services
Date: 2020-01-10
Institutions: Council of the European Union
Subjects: Albania, agreement (EU), air transport








L_2020006EN.01000101.xml










10.1.2020   


EN


Official Journal of the European Union


L 6/1







Information concerning the entry into force of the Agreement between the European Community and the Council of Ministers of the Republic of Albania on certain aspects of air services


The Agreement between the European Community and the Council of Ministers of the Republic of Albania on certain aspects of air services, signed in Salzburg on 5 May 2006, entered into force on 12 July 2010, in accordance with Article 8(1) of the Agreement, as the last notification was deposited on 12 July 2010.