do-me/EUR-LEX huggingface dataset:
EFTA Surveillance Authority’s notice on State aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 January 2020 (Published in accordance with the rules on reference and discount rates set out in Part VII of the Authority’s State Aid Guidelines and Article 10 of the Authority’s Decision No 195/04/COL of 14 July 2004 (OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No 26/2006, 25.5.2006, p. 1.)) 2020/C 110/06
Date: 2020-04-02
Institutions: EFTA Surveillance Authority
Subjects: Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2020110EN.01000701.xml










2.4.2020   


EN


Official Journal of the European Union


C 110/7






EFTA Surveillance Authority’s notice on State aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 January 2020


(Published in accordance with the rules on reference and discount rates set out in Part VII of the Authority’s State Aid Guidelines and Article 10 of the Authority’s Decision No 195/04/COL of 14 July 2004
 (1)

)


(2020/C 110/06)
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of the Authority’s State Aid Guidelines as amended by the Authority’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.
Base rates have been determined as follows:








 


Iceland


Liechtenstein


Norway




1.1.2020–


4,26


–0,56 


1,79






(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No 26/2006, 25.5.2006, p. 1.
Case T-326/19: Order of the General Court of 2 April 2020 — Gerber v Parliament and Council (Action for annulment — Customs territory of the European Union — Regulation (EU) 2019/474 — Directive (EU) 2019/475 — Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano — Not individually concerned — Inadmissibility)
Date: 2020-04-02
Institutions: General Court
Subjects: Italy, Lombardy, Switzerland, VAT, customs formalities, customs territory (EU), excise duty, lake, municipality, tariff exemption








C_2020191EN.01001501.xml










8.6.2020   


EN


Official Journal of the European Union


C 191/15






Order of the General Court of 2 April 2020 — Gerber v Parliament and Council
(Case T-326/19) (1)

(Action for annulment - Customs territory of the European Union - Regulation (EU) 2019/474 - Directive (EU) 2019/475 - Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano - Not individually concerned - Inadmissibility)
(2020/C 191/20)
Language of the case: Italian

Parties


Applicant: Tibor Gerber (Campione d’Italia, Italy) (represented by: N. Amadei, lawyer)

Defendants: European Parliament (represented by: L. Visaggio and C. Biz, acting as Agents), Council of the European Union (represented by: A. Lo Monaco and E. Ambrosini, acting as Agents)

Re:

First, application under Article 263 TFEU seeking annulment of Regulation (EU) 2019/474 of the European Parliament and of the Council of 19 March 2019 amending Regulation (EU) No 952/2013 laying down the Union Customs Code (OJ 2019 L 83, p. 38), in so far as concerns the part relating to the inclusion of the Italian municipality of Campione d’Italia and the Italian waters of Lake Lugano in the customs territory of the Union; second, application under Article 264 TFEU seeking a declaration that Council Directive (EU) 2019/475 of 18 February 2019 amending Directives 2006/112/EC and 2008/118/EC as regards the inclusion of the Italian municipality of Campione d'Italia and the Italian waters of Lake Lugano in the customs territory of the Union and in the territorial application of Directive 2008/118/EC (OJ 2019 L 83, p. 42) has no effect; and, third, application under Articles 278 and 279 TFEU seeking the grant of interim measures suspending the application of Regulation 2019/474, Directive 2019/475 and of any other implementing measure relating thereto.

Operative part of the order







1.


The action is dismissed.










2.


There is no need to rule on the applications for leave to intervene made by the European Commission and the Italian Republic.










3.


Mr Tibor Gerber shall bear his own costs and pay those incurred by the European Parliament and the Council of the European Union, including those relating to the interim proceedings.










4.


The Commission and the Italian Republic shall bear their own costs relating to the applications for leave to intervene.






(1)  OJ C 238, 15.7.2019.
Case C-406/19 P: Judgment of the Court (Ninth Chamber) of 2 April 2020 — European Commission v Kingdom of Spain (Appeal — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Kingdom of Spain — Withdrawal of recognition of producer organisations — Non-recovery of aid paid — Burden of proof — Flat-rate financial correction)
Date: 2020-04-02
Institutions: Court of Justice
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria, producer organisation, proof








C_2020230EN.01001401.xml










13.7.2020   


EN


Official Journal of the European Union


C 230/14






Judgment of the Court (Ninth Chamber) of 2 April 2020 — European Commission v Kingdom of Spain
(Case C-406/19 P) (1)

(Appeal - EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by the Kingdom of Spain - Withdrawal of recognition of producer organisations - Non-recovery of aid paid - Burden of proof - Flat-rate financial correction)
(2020/C 230/18)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: F. Castillo de la Torre and J. Aquilina, acting as Agents)

Other party to the proceedings: Kingdom of Spain (represented by: S. Jiménez García, acting as Agent)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 20 March 2019, Spain v Commission (T-237/17, not published, EU:T:2019:172), inasmuch as, by that judgment, the General Court annulled Commission Implementing Decision (EU) 2017/264 of 14 February 2017 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), in so far as it applies a flat-rate correction of 10 % on certain expenditure incurred by the Kingdom of Spain;










2.


Dismisses the action;










3.


Orders the Kingdom of Spain to bear its own costs relating to both the proceedings at first instance in Case T-237/17 and the appeal proceedings, and to pay the costs incurred by the European Commission relating to both proceedings.






(1)  OJ C 280, 19.8.2019.
Case T-81/18: Judgment of the General Court of 2 April 2020 –Barata v Parliament (Civil service — Officials — Promotion — Certification procedure — 2016 promotion exercise — Exclusion of the applicant from the final list of officials authorised to take part in the training programme — Article 45a of the Staff Regulations — Obligation to state reasons — Manifest error of assessment — Equal treatment — Rights of the defence)
Date: 2020-04-02
Institutions: General Court
Subjects: European official, competition (EU), equal treatment, in-service training, promotion, rights of the defence








C_2020175EN.01001301.xml










25.5.2020   


EN


Official Journal of the European Union


C 175/13






Judgment of the General Court of 2 April 2020 –Barata v Parliament
(Case T-81/18) (1)

(Civil service - Officials - Promotion - Certification procedure - 2016 promotion exercise - Exclusion of the applicant from the final list of officials authorised to take part in the training programme - Article 45a of the Staff Regulations - Obligation to state reasons - Manifest error of assessment - Equal treatment - Rights of the defence)
(2020/C 175/14)
Language of the case: English

Parties


Applicant: João Miguel Barata (Evere, Belgium) (represented by: G. Pandey, D. Rovetta and V. Villante, lawyers)

Defendant: European Parliament (represented by: J. Steele and I. Terwinghe, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking annulment, first, of the decision of 30 October 2017 by which the Parliament rejected the applicant’s complaint, secondly, the letter of 20 March 2017 containing the opinion of the Joint Certification Procedure Committee recommending that the appointing authority reject the applicant’s appeal, thirdly, the letter of 14 February 2017 notifying him of his results and informing him that a draft list of seven officials selected to take part in the training programme had been drawn up, fourthly, the letter of 8 December 2016 informing the applicant of his results following the first stage of the 2016 certification procedure, fifthly, the letter of 21 December 2016 informing the applicant of the action taken following his request for review and, sixthly, the notice of internal competition 2016/014 of 7 October 2016 communicated to staff on 20 October 2016 and the full draft list of officials admitted for participation in the resulting training programme.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr João Miguel Barata to pay the costs.






(1)  OJ C 142, 23.4.2018.
Case C-329/19: Judgment of the Court of Justice (First Chamber) of 2 April 2020 (request for a preliminary ruling from the Tribunale di Milano — Italy) — Condominio di Milano, via Meda v Eurothermo SpA (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 1(1) — Article 2(b) — Definition of ‘consumer’ — Commonhold of a building)
Date: 2020-04-02
Institutions: Court of Justice
Subjects: case-law, consumer protection, interpretation of the law, joint ownership, national implementing measure, unfair terms of contract








C_2020222EN.01001502.xml










6.7.2020   


EN


Official Journal of the European Union


C 222/15






Judgment of the Court of Justice (First Chamber) of 2 April 2020 (request for a preliminary ruling from the Tribunale di Milano — Italy) — Condominio di Milano, via Meda v Eurothermo SpA
(Case C-329/19) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Article 1(1) - Article 2(b) - Definition of ‘consumer’ - Commonhold of a building)
(2020/C 222/17)
Language of the case: Italian

Referring court

Tribunale di Milano

Parties to the main proceedings


Applicant: Condominio di Milano, via Meda

Defendant: Eurothermo SpA

Operative part of the judgment

Article 1(1) and Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not precluding national case-law which interprets legislation intended to transpose that directive into national law in such a way that its protective rules of consumer law also apply to a contract between a seller or supplier and a subject of the law such as the condominio in Italian law, notwithstanding that such a subject of the law does not fall within the scope of that directive.


(1)  OJ C 288, 26.8.2019.