do-me/EUR-LEX huggingface dataset:
Request for an Advisory Opinion from the EFTA Court by Fürstliches Obergericht dated 2 June 2020 in criminal proceedings against M and X AG (Case E-7/20) 2020/C 332/09
Date: 2020-06-02
Institutions: EFTA Court
Subjects: Germany, Liechtenstein, industrial product, legal domicile, market approval, mental illness, pharmaceutical legislation, pharmaceutical product, right of establishment, wholesale trade








C_2020332EN.01000901.xml










8.10.2020   


EN


Official Journal of the European Union


C 332/9






Request for an Advisory Opinion from the EFTA Court by Fürstliches Obergericht dated 2 June 2020 in criminal proceedings against M and X AG
(Case E-7/20)
(2020/C 332/09)
A request has been made to the EFTA Court dated 2 June 2020 from Fürstliches Obergericht (Princely Court of Appeal), which was received at the Court Registry on 10 June 2020, for an Advisory Opinion in criminal proceedings against M and X AG on the following questions:






1.


Must burnout infusions with the combination of substances determined here be qualified as ‘medicinal products’ within the meaning of Article 1(2) of Directive 2001/83/EC?






(a)


If the answer to this question is in the affirmative: Does in the present case the manufacture, supply and administration of the burnout infusion constitute a placing on the market within the meaning of Article 2(1) of the Directive?










(b)


If the preceding questions are answered in the affirmative: Do the burnout infusions constitute medicinal products which, within the meaning of Article 2(1) of the Directive, are prepared industrially or manufactured by a method involving an industrial process?










(c)


Are the burnout infusions due to the method of their manufacture covered by the exception provided for in Article 3(2) of the Directive?














2.


What must be understood under ‘wholesale distribution’ within the meaning of Directive 2001/83/EC as amended by Directive 2011/62/EU and what criteria must be fulfilled for this?










3.


In the event that the above Directives are, in principle, applicable to the present case:
Is it compatible with the freedom of establishment pursuant to Article 31 et seq. EEA and, moreover, must it be regarded as proportionate, if commercial trading in medicinal products of the kind in question carried out from the State of residence of a natural or legal person within the EEA or between an EEA State and a third country, without these medicinal products coming in contact the territory of the State of residence, is subjected to a statutory authorisation obligation, whose infringement may be penalised as a misdemeanour by a custodial sentence of up to six months?










4.


Does it have an influence on the answer to the above questions if in another EEA State (here: EU Member Germany) the medicinal products in question do not require authorisation?
Case C-228/20: Request for a preliminary ruling from the Niedersächsisches Finanzgericht (Germany) lodged on 2 June 2020 — I GmbH v Finanzamt H
Date: 2020-06-02
Institutions: Court of Justice
Subjects: VAT, health care, medical institution, private sector, public sector, tax exemption








C_2020271EN.01002601.xml










17.8.2020   


EN


Official Journal of the European Union


C 271/26






Request for a preliminary ruling from the Niedersächsisches Finanzgericht (Germany) lodged on 2 June 2020 — I GmbH v Finanzamt H
(Case C-228/20)
(2020/C 271/34)
Language of the case: German

Referring court

Niedersächsisches Finanzgericht

Parties to the main proceedings


Applicant: I GmbH

Defendant: Finanzamt H

Questions referred







1.


Is Paragraph 4, point 14(b), of the Umsatzsteuergesetz (Law on Turnover Tax) (UStG) compatible with Article 132(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (‘the VAT Directive’), (1) in so far as hospitals which are not bodies governed by public law qualify for exemption from tax on condition that they are approved within the meaning of Paragraph 108 of the Sozialgesetzbuch (SGB) V (Social Security Code, Book V)?










2.


If Question 1 is to be answered in the negative: When do hospitals governed by private law provide hospital care under social conditions comparable with those applicable to bodies governed by public law within the meaning of Article 132(1)(b) of the VAT Directive?






(1)  OJ 2006 L 347, p. 1.
Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by the Netherlands COVID-19 outbreak (Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10)) 2020/C 182 I/02
Date: 2020-06-02
Institutions: European Commission
Subjects: Netherlands, commercial vehicle, epidemic, infectious disease, motor vehicle, road safety, roadworthiness tests, technical regulations








CI2020182EN.01000201.xml










2.6.2020   


EN


Official Journal of the European Union


CI 182/2






Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by the Netherlands
COVID-19 outbreak


(Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10))


(2020/C 182 I/02)

Notification by: the Netherlands
In conformity with the relevant provisions of Regulation (EU) 2020/698, the Netherlands informed the Commission on 28 May 2020 that it has decided not to apply certain provisions of the Regulation (EU) 2020/698.

Provisions of Regulation (EU) 2020/698 that the Netherlands has decided not
to
apply:







—


Article 5(1) concerning the time limits for the periodic roadworthiness tests for motor vehicles and their trailers under Directive 2014/45/EU of the European Parliament and of the Council (1);










—


Article 5(2) concerning the validity of roadworthiness certificates under Directive 2014/45/EU.






(1)  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
Council Implementing Decision (CFSP) 2020/733 of 2 June 2020 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea
Date: 2020-06-02
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, legal person








LI2020172EN.01001501.xml










3.6.2020   


EN


Official Journal of the European Union


LI 172/15








            COUNCIL IMPLEMENTING DECISION (CFSP) 2020/733
of 2 June 2020
         
implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(1) thereof,


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

Whereas:







(1)


On 27 May 2016, the Council adopted Decision (CFSP) 2016/849.












(2)


On 11 May 2020, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to one entity subject to restrictive measures.












(3)


Annex I to Decision (CFSP) 2016/849 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex I to Decision (CFSP) 2016/849 is hereby amended as set out in the Annex to this Decision.


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




Done at Brussels, 2 June 2020.


For the Council


The President

G. GRLIĆ RADMAN
            





(1)  
            OJ L 141, 28.5.2016, p. 79.




ANNEX
In Decision (CFSP) 2016/849, Annex I, Part B (‘Entities’), entry 75 is replaced by the following:











‘75.


YUK TUNG ENERGY PTE LTD


 


80 Raffles Place, #17-22 UOB Plaza, Singapore, 048624, Singapore


30.3.2018


Ship manager and commercial manager of the YUK TUNG, which conducted ship-to-ship transfer of refined petroleum product.’
Case T-342/20: Action brought on 2 June 2020 — Indo European Foods v EUIPO — Chakari (Abresham Super Basmati Selaa Grade One World's Best Rice)
Date: 2020-06-02
Institutions: General Court
Subjects: EU trade mark, registered trade mark, rice, trade-mark law








C_2020262EN.01003101.xml










10.8.2020   


EN


Official Journal of the European Union


C 262/31






Action brought on 2 June 2020 — Indo European Foods v EUIPO — Chakari (Abresham Super Basmati Selaa Grade One World's Best Rice)
(Case T-342/20)
(2020/C 262/42)
Language of the case: English

Parties


Applicant: Indo European Foods Ltd (Harrow, United Kingdom) (represented by: A. Norris, Barrister and N. Welch, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Hamid Ahmad Chakari (Vienna, Austria)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark, in colour, Abresham Super Basmati Selaa Grade One World's Best Rice– Application for registration No 16 860 868

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 2 April 2020 in Case R 1079/2019–4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


uphold the opposition in respect of all of the goods;










—


alternatively, remit the matter to the EUIPO for re-consideration;










—


order EUIPO to pay the costs incurred by the applicant in connection with this appeal, the appeal before the Board and the Opposition Division.





Plea in law







—


Infringement of Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by France COVID-19 outbreak
Date: 2020-06-02
Institutions: European Commission
Subjects: France, commercial vehicle, epidemic, infectious disease, motor vehicle, road safety, roadworthiness tests, technical regulations








CI2020182EN.01000101.xml










2.6.2020   


EN


Official Journal of the European Union


CI 182/1






Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by France
COVID-19 outbreak

(Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10))

(2020/C 182 I/01)

Notification by: France

In conformity with the relevant provisions of Regulation (EU) 2020/698, France informed the Commission on 28 May 2020 that it has decided not to apply certain provisions of the Regulation (EU) 2020/698.

Provisions of Regulation (EU) 2020/698 that France has decided not to apply:







—


Article 5(1) concerning the time limits for the periodic roadworthiness tests for motor vehicles and their trailers under Directive 2014/45/EU of the European Parliament and of the Council (1);










—


Article 5(2) concerning the validity of roadworthiness certificates under Directive 2014/45/EU.






(1)  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by Finland COVID-19 outbreak
Date: 2020-06-02
Institutions: European Commission
Subjects: Finland, commercial vehicle, driving period, epidemic, infectious disease, motor vehicle, road safety, roadworthiness tests, speed control, technical regulations








CI2020182EN.01000301.xml










2.6.2020   


EN


Official Journal of the European Union


CI 182/3






Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by Finland
COVID-19 outbreak

(Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10))

(2020/C 182 I/03)

Notification by: Finland
In conformity with the relevant provisions of Regulation (EU) 2020/698, Finland informed the Commission on 28 May 2020 that it has decided not to apply certain provisions of the Regulation (EU) 2020/698.

Provisions of Regulation (EU) 2020/698 that Finland has decided not to apply:







—


Article 4(1) concerning the regular inspections of tachographs in road transport under Regulation (EU) No 165/2014 of the European Parliament and of the Council (1);










—


Article 5(1) concerning the time limits for the periodic roadworthiness tests for motor vehicles and their trailers under Directive 2014/45/EU of the European Parliament and of the Council (2);










—


Article 5(2) concerning the validity of roadworthiness certificates under Directive 2014/45/EU.






(1)  Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

(2)  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
Euro exchange rates (Source: reference exchange rate published by the ECB.) 1 June 2020 2020/C 182/04
Date: 2020-06-02
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020182EN.01000501.xml










2.6.2020   


EN


Official Journal of the European Union


C 182/5






Euro exchange rates (1)

1 June 2020
(2020/C 182/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1116 




JPY


Japanese yen


119,75 




DKK


Danish krone


7,4549 




GBP


Pound sterling


0,89673 




SEK


Swedish krona


10,4635 




CHF


Swiss franc


1,0686 




ISK


Iceland króna


151,00 




NOK


Norwegian krone


10,7890 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,859 




HUF


Hungarian forint


345,45 




PLN


Polish zloty


4,4278 




RON


Romanian leu


4,8437 




TRY


Turkish lira


7,5743 




AUD


Australian dollar


1,6488 




CAD


Canadian dollar


1,5228 




HKD


Hong Kong dollar


8,6165 




NZD


New Zealand dollar


1,7824 




SGD


Singapore dollar


1,5669 




KRW


South Korean won


1 364,44 




ZAR


South African rand


19,3993 




CNY


Chinese yuan renminbi


7,9327 




HRK


Croatian kuna


7,5895 




IDR


Indonesian rupiah


16 240,48 




MYR


Malaysian ringgit


4,8004 




PHP


Philippine peso


55,947 




RUB


Russian rouble


77,4378 




THB


Thai baht


35,204 




BRL


Brazilian real


5,9276 




MXN


Mexican peso


24,4520 




INR


Indian rupee


83,9380 






(1)  Source: reference exchange rate published by the ECB.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 29 May 2020 2020/C 182/03
Date: 2020-06-02
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020182EN.01000401.xml










2.6.2020   


EN


Official Journal of the European Union


C 182/4






Euro exchange rates (1)

29 May 2020
(2020/C 182/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1136 




JPY


Japanese yen


119,29 




DKK


Danish krone


7,4542 




GBP


Pound sterling


0,90088 




SEK


Swedish krona


10,4870 




CHF


Swiss franc


1,0720 




ISK


Iceland króna


150,80 




NOK


Norwegian krone


10,7880 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,921 




HUF


Hungarian forint


348,73 




PLN


Polish zloty


4,4495 




RON


Romanian leu


4,8493 




TRY


Turkish lira


7,6101 




AUD


Australian dollar


1,6681 




CAD


Canadian dollar


1,5280 




HKD


Hong Kong dollar


8,6347 




NZD


New Zealand dollar


1,7863 




SGD


Singapore dollar


1,5712 




KRW


South Korean won


1 376,21 




ZAR


South African rand


19,4239 




CNY


Chinese yuan renminbi


7,9456 




HRK


Croatian kuna


7,5870 




IDR


Indonesian rupiah


16 269,70 




MYR


Malaysian ringgit


4,8414 




PHP


Philippine peso


56,231 




RUB


Russian rouble


78,4416 




THB


Thai baht


35,424 




BRL


Brazilian real


5,9654 




MXN


Mexican peso


24,5700 




INR


Indian rupee


84,1025 






(1)  Source: reference exchange rate published by the ECB.
Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by Croatia COVID-19 outbreak (Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10)) 2020/C 182 I/04
Date: 2020-06-02
Institutions: European Commission
Subjects: Croatia, commercial vehicle, driving licence, epidemic, infectious disease, motor vehicle, road safety, roadworthiness tests, technical regulations








CI2020182EN.01000401.xml










2.6.2020   


EN


Official Journal of the European Union


CI 182/4






Information from the Commission concerning the non-application of certain provisions of Regulation (EU) 2020/698 by Croatia
COVID-19 outbreak


(Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, p. 10))


(2020/C 182 I/04)

Notification by: Croatia

In conformity with the relevant provisions of Regulation (EU) 2020/698, Croatia informed the Commission on 29 May 2020 that it has decided not to apply certain provisions of the Regulation (EU) 2020/698.

Provisions of Regulation (EU) 2020/698 that Croatia has decided not to apply:







—


Article 3(1) concerning the validity of driving licences under Directive 2006/126/EC of the European Parliament and of the Council (1);










—


Article 5(1) concerning the time limits for the periodic roadworthiness tests for motor vehicles and their trailers under Directive 2014/45/EU of the European Parliament and of the Council (2);










—


Article 5(2) concerning the validity of roadworthiness certificates under Directive 2014/45/EU.






(1)  Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18).

(2)  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
Council Implementing Regulation (EU) 2020/730 of 3 June 2020 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
Date: 2020-06-02
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, legal person








LI2020172EN.01000101.xml










3.6.2020   


EN


Official Journal of the European Union


LI 172/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2020/730
of 3 June 2020
         
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(5) thereof,


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

Whereas:







(1)


On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.












(2)


On 11 May 2020, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to one entity subject to restrictive measures.












(3)


Annex XIII to Regulation (EU) 2017/1509 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex XIII to Regulation (EU) 2017/1509 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date 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, 3 June 2020.


For the Council


The President

G. GRLIĆ RADMAN
            





(1)  
            OJ L 224, 31.8.2017, p. 1.




ANNEX
In Regulation (EU) 2017/1509, Annex XIII, Part (b) (‘Legal persons, entities and bodies’), entry 75 is replaced by the following:











‘75.


YUK TUNG ENERGY PTE LTD


 


80 Raffles Place, #17-22 UOB Plaza, Singapore, 048624, Singapore


30.3.2018


Ship manager and commercial manager of the YUK TUNG, which conducted ship-to-ship transfer of refined petroleum product.’