do-me/EUR-LEX huggingface dataset:
Special Report 21/2020 ‘Control of State aid to financial institutions in the EU: in need of a fitness check’ 2020/C 325/14
Date: 2020-10-02
Institutions: European Court of Auditors
Subjects: State aid, aid to undertakings, company in difficulties, control of State aid, financial institution








C_2020325EN.01002401.xml










2.10.2020   


EN


Official Journal of the European Union


C 325/24






Special Report 21/2020
‘Control of State aid to financial institutions in the EU: in need of a fitness check’
(2020/C 325/14)
The European Court of Auditors hereby informs you that Special Report 21/2020 ‘Control of State aid to financial institutions in the EU: in need of a fitness check’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Notice for the attention of certain persons subject to the restrictive measures provided for in Annex I to Council Decision (CFSP) 2017/2074 and in Annex IV to Council Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela 2020/C 325/05
Date: 2020-10-02
Institutions: Council of the European Union
Subjects: EU restrictive measure, Venezuela, economic sanctions, international sanctions, natural person








C_2020325EN.01000601.xml










2.10.2020   


EN


Official Journal of the European Union


C 325/6






Notice for the attention of certain persons subject to the restrictive measures provided for in Annex I to Council Decision (CFSP) 2017/2074 and in Annex IV to Council Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
(2020/C 325/05)
The following information is brought to the attention of Mr Alexis Enrique ESCALONA MARRERO (No 22), Mr Rafael Antonio FRANCO QUINTERO (No 23), Mr Alexander Enrique GRANKO ARTEAGA (No 24), Mr José Adelino ORNELAS FERREIRA (No 26) and Mr José Gregorio NORIEGA FIGUEROA (No 36), persons appearing in Annex I to Council Decision (CFSP) 2017/2074 (1) and in Annex IV to Council Regulation (EU) 2017/2063 (2) concerning restrictive measures in view of the situation in Venezuela.
The Council intends to maintain the restrictive measures against the above-mentioned persons with new statements of reasons. Those persons are hereby informed that they may submit a request to the Council to obtain the intended statement of reasons for maintaining their designation, by 12 October 2020, to the following address:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
The persons concerned may submit at any time a request to the Council, together with any supporting documentation, that the decision to include and maintain them on the list should be reconsidered, to the address provided above. Such requests will be considered when they are received. In this respect, the attention of the persons concerned is drawn to the regular review by the Council according to Article 13 of Decision (CFSP) 2017/2074.


(1)  OJ L 295, 14.11.2017, p. 60.

(2)  OJ L 295, 14.11.2017, p. 21.
Interest rate applied by the European Central Bank to its main refinancing operations (Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.): 0,00 % on 1 October 2020 Euro exchange rates (Source: reference exchange rate published by the ECB.) 1 October 2020 2020/C 325/09
Date: 2020-10-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2020325EN.01001001.xml










2.10.2020   


EN


Official Journal of the European Union


C 325/10






Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 October 2020
Euro exchange rates (2)

1 October 2020
(2020/C 325/09)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1752 




JPY


Japanese yen


123,98 




DKK


Danish krone


7,4421 




GBP


Pound sterling


0,90723 




SEK


Swedish krona


10,4853 




CHF


Swiss franc


1,0787 




ISK


Iceland króna


162,20 




NOK


Norwegian krone


10,9073 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,918 




HUF


Hungarian forint


359,89 




PLN


Polish zloty


4,4935 




RON


Romanian leu


4,8740 




TRY


Turkish lira


9,0606 




AUD


Australian dollar


1,6319 




CAD


Canadian dollar


1,5616 




HKD


Hong Kong dollar


9,1082 




NZD


New Zealand dollar


1,7667 




SGD


Singapore dollar


1,6004 




KRW


South Korean won


1 365,03 




ZAR


South African rand


19,5373 




CNY


Chinese yuan renminbi


7,9805 




HRK


Croatian kuna


7,5630 




IDR


Indonesian rupiah


17 423,28 




MYR


Malaysian ringgit


4,8788 




PHP


Philippine peso


56,931 




RUB


Russian rouble


90,6050 




THB


Thai baht


37,101 




BRL


Brazilian real


6,5821 




MXN


Mexican peso


25,6764 




INR


Indian rupee


85,8275 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case C-487/20: Request for a preliminary ruling from the Curtea de Apel Alba Iulia (Romania) lodged on 2 October 2020 — Philips Orăștie S.R.L. v Direcția Generală de Administrare a Marilor Contribuabili
Date: 2020-10-02
Institutions: Court of Justice
Subjects: VAT, ruling, tax collection, tax law, tax relief








C_2020433EN.01003401.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/34






Request for a preliminary ruling from the Curtea de Apel Alba Iulia (Romania) lodged on 2 October 2020 — Philips Orăștie S.R.L. v Direcția Generală de Administrare a Marilor Contribuabili
(Case C-487/20)
(2020/C 433/42)
Language of the case: Romanian

Referring court

Curtea de Apel Alba Iulia

Parties to the main proceedings


Applicant: Philips Orăștie S.R.L.

Defendant: Direcția Generală de Administrare a Marilor Contribuabili

Question referred

May the provisions of [the first paragraph of] Article 179 and [the first paragraph of] Article 183 of Directive 112/2006/EC (1), regard being had to the principles of equivalence, effectiveness and neutrality, be interpreted as precluding national legislation or practices in accordance with which the amount of VAT to be refunded is reduced by including in the calculation of the VAT due amounts representing additional liabilities established in a notice of assessment that has been annulled by a judgment that is not yet final, where such additional liabilities are guaranteed by a bank guarantee and the national tax procedure rules recognise that such a guarantee has the effect of staying enforcement in the case of other taxes and duties?


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case C-489/20: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 2 October 2020 — UB v Kauno teritorinė muitinė
Date: 2020-10-02
Institutions: Court of Justice
Subjects: VAT, confiscation of property, customs debt, customs territory (EU), customs union, excise duty, illicit trade, import (EU), tax collection








C_2020433EN.01003402.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/34






Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 2 October 2020 — UB v Kauno teritorinė muitinė

(Case C-489/20)
(2020/C 433/43)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Appellant: UB

Respondent: Kauno teritorinė muitinė

Questions referred







1.


Is Article 124(1)(e) of Regulation (EU) No 952/2013 (1) of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code to be interpreted as meaning that a customs debt is extinguished where, in a situation such as that in the present case, smuggled goods were seized and subsequently confiscated after they had already been unlawfully introduced (released for consumption) into the customs territory of the European Union?










2.


If the first question is answered in the affirmative, are Articles 2(b) and 7(1) of Council Directive 2008/118/EC (2) of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC and Articles 2(1)(d) and 70 of Council Directive 2006/112/EC (3) of 28 November 2006 on the common system of value added tax to be interpreted as meaning that the obligation to pay excise duty and/or VAT is not extinguished where, as in the present case, smuggled goods are seized and subsequently confiscated after they have already been unlawfully introduced (released for consumption) into the customs territory of the European Union, even if the customs debt has been extinguished on the ground provided for in Article 124(1)(e) of Regulation (EU) No 952/2013?






(1)  OJ 2013 L 269, p. 1.

(2)  OJ 2009 L 9, p. 12.

(3)  OJ 2006 L 347, p. 1.
Information concerning the date of entry into force of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Date: 2020-10-02
Institutions: Council of the European Union
Subjects: Croatia, Israel, Mediterranean region (EU), Union for the Mediterranean, accession to the European Union, association agreement (EU), protocol to an agreement, revision of an agreement








L_2020319EN.01000101.xml










2.10.2020   


EN


Official Journal of the European Union


L 319/1







Information concerning the date of entry into force of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Croatia to the European Union

The abovementioned Protocol between the European Union and the State of Israel, signed in Brussels on 20 December 2018, entered into force on 1 October 2020.
Special Report 20/2020 ‘Combatting child poverty – Better targeting of Commission support required’ 2020/C 325/13
Date: 2020-10-02
Institutions: European Court of Auditors
Subjects: EU Member State, aid to disadvantaged groups, child, child protection, marginalisation, poverty








C_2020325EN.01002301.xml










2.10.2020   


EN


Official Journal of the European Union


C 325/23






Special Report 20/2020
‘Combatting child poverty – Better targeting of Commission support required’
(2020/C 325/13)
The European Court of Auditors hereby informs you that Special Report 20/2020 ‘Combating child poverty – Better targeting of Commission support required’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
Case C-488/20: Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie (Poland) lodged on 2 October 2020 — Delfarma Sp. z o.o. v Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych
Date: 2020-10-02
Institutions: Court of Justice
Subjects: drug surveillance, drugs classification, import (EU), import licence, import restriction, market approval, medicinal product, quantitative restriction








C_2021019EN.01001601.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/16






Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie (Poland) lodged on 2 October 2020 — Delfarma Sp. z o.o. v Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych
(Case C-488/20)
(2021/C 19/20)
Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny w Warszawie

Parties to the main proceedings


Applicant: Delfarma Sp. z o.o.

Defendant: Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych

Questions referred







1.


Does Article 34 TFEU preclude national legislation under which a parallel import licence is to expire after one year from the expiry of the marketing authorisation for the reference medicinal product?










2.


In the light of Articles 34 and 36 TFEU, may a national authority adopt a decision of a declaratory nature to the effect that a marketing authorisation for a medicinal product in connection with parallel import is to expire automatically, solely on the ground that the period laid down by law has expired, as from the date on which the marketing authorisation for the reference medicinal product expired, without examining the reasons for the expiry of [the marketing authorisation for] that product or other requirements referred to in Article 36 TFEU relating to the protection of the health and life of humans?










3.


Is the fact that parallel importers are exempt from the obligation to submit periodic safety reports, and the authority consequently has no current data on the benefit/risk of pharmacotherapy, sufficient to adopt a decision of a declaratory nature to the effect that a marketing authorisation for a medicinal product in connection with parallel import is to expire?
Case T-611/20: Action brought on 2 October 2020 — Airoldi Metalli v Commission
Date: 2020-10-02
Institutions: General Court
Subjects: China, aluminium, anti-dumping measure, import (EU), non-flat product, originating product, surveillance concerning imports








C_2020414EN.01004301.xml










30.11.2020   


EN


Official Journal of the European Union


C 414/43






Action brought on 2 October 2020 — Airoldi Metalli v Commission
(Case T-611/20)
(2020/C 414/65)
Language of the case: English

Parties


Applicant: Airoldi Metalli SpA (Molteno, Italy) (represented by: M. Campa, D. Rovetta, G. Pandey, V. Villante and M. Pirovano, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Regulation (EU) 2020/1215 of 21 August 2020 making imports of aluminium extrusions originating in the People’s Republic of China subject to registration;










—


order measures of organisation of procedure and ask the Commission to produce its internal documents and analysis related to the preparatory work to the challenged Regulation and the relevant registration of imports;










—


order the defendant to bear the applicant’s legal costs in the present proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging a breach of Articles 10(4) and 14(5) of the EU Basic antidumping Regulation as well as manifest error of assessment in the review and assessment of the evidence provided by the anti-dumping complainant to order the registration of imports. The applicant argues that the Commission based its findings related to the imposition of registration of imports foreseen by the challenged Regulation on evidence and data that are not reliable and not representative of the European Union market.










2.


Second plea in law, alleging a manifest error of assessment of the relevant facts in that the Commission did not assess adequately the presence of the relevant conditions to order registration of imports.










3.


Third plea in law, alleging a breach of Article 41 of the Charter of Fundamental Rights of the European Union and of the right to be heard of the applicant, as well as a breach of the duty to state reasons and of Article 296 of the Treaty on the Functioning of the European Union. The applicant argues that its right to be heard has been compromised because he was not provided with the relevant methodology to assess the presence of dumping and could not comment on such methodology. The applicant also argues that the challenged Regulation is flawed in that it contains an incomplete motivation in that there is no clear explanation of the methodology uses to assess dumping as well as of why and how the Commission considered reliable evidence submitted by the anti-dumping complainant which at first sight is clearly unreliable.
Commission Regulation (EU) 2020/1417 of 2 October 2020 establishing a fisheries closure for witch flounder in NAFO 3NO area for vessels flying the flag of a Member State of the European Union
Date: 2020-10-02
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU Member State, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2020326EN.01000501.xml










8.10.2020   


EN


Official Journal of the European Union


L 326/5








            COMMISSION REGULATION (EU) 2020/1417
of 2 October 2020
         
establishing a fisheries closure for witch flounder in NAFO 3NO area for vessels flying the flag of a Member State of the European Union


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2020/123 (2) lays down quotas for 2020.












(2)


According to the information received by the Commission, catches of the stock of witch flounder in NAFO 3NO area by vessels flying the flag of or registered in Member States of the European Union have exhausted the quota allocated for 2020.












(3)


It is therefore necessary to prohibit certain fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to Member States of the European Union for the stock of witch flounder in NAFO 3NO area for 2020 referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in a Member State of the European Union shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 2 October 2020.


For the Commission,


On behalf of the President,

Virginijus SINKEVIČIUS
            

Member of the Commission






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 25, 30.1.2020, p. 1).




ANNEX






No


16/TQ123




Member State


European Union (All Member States)




Stock


WIT/N3NO.




Species


Witch flounder (Glyptocephalus cynoglossus)




Zone


NAFO 3NO




Closing date


10.9.2020
Prior notification of a concentration Case M.9941 — Private Theory Luxco/ARC Group Candidate case for simplified procedure (Text with EEA relevance) 2020/C 325/16
Date: 2020-10-02
Institutions: Directorate-General for Competition, European Commission
Subjects: distributive trades, economic concentration, glass industry, household article, investment company, merger control








C_2020325EN.01002701.xml










2.10.2020   


EN


Official Journal of the European Union


C 325/27






Prior notification of a concentration
Case M.9941 — Private Theory Luxco/ARC Group
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 325/16)

1.   
On 23 September 2020, 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:






—


Private Theory Luxco Sàrl (‘Private Theory Luxco’, Luxemburg) controlled by Mr Richard Cashin (a US citizen);










—


ARC Holdings SAS (‘ARC Holdings’, France), parent company of the ARC group.




Private Theory Luxco, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of ARC Holdings.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Private Theory Luxco: active in the purchase and management of stocks in other companies. Private Theory Luxco also controls ADI, a spin-off of the ARC group active in the distribution of glassware, dinnerware and kitchenware in Spain and Portugal;










—


ARC Group: active in the production and the distribution of tableware products, in particular glassware, dinnerware and kitchenware.






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:
Case M.9941 — Private Theory Luxco/ARC Group
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.