do-me/EUR-LEX huggingface dataset:
Case C-503/20: Request for a preliminary ruling from the Audiencia Provincial de Las Palmas de Gran Canaria (Spain) lodged on 6 October 2020 — Banco de Santander S.A. v YC
Date: 2020-10-06
Institutions: Court of Justice
Subjects: consumer credit, consumer information, contract terms, cost of borrowing








C_2021252EN.01000501.xml










28.6.2021   


EN


Official Journal of the European Union


C 252/5






Request for a preliminary ruling from the Audiencia Provincial de Las Palmas de Gran Canaria (Spain) lodged on 6 October 2020 — Banco de Santander S.A. v YC
(Case C-503/20)
(2021/C 252/06)
Language of the case: Spanish

Referring court

Audiencia Provincial de Las Palmas de Gran Canaria

Parties to the main proceedings


Appellant: Banco de Santander S.A.

Respondent: YC
By order of 25 March 2021, the Court of Justice (Sixth Chamber) stated that the first question is manifestly inadmissible, and its reply to the second question is that Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, (1) as amended by Council Directive 90/88/EEC of 22 February 1990 (2) and Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, (3) must be interpreted as meaning that it does not preclude national legislation, as interpreted in national case-law, which establishes the annual percentage rate of charge that may be placed on the consumer under a credit agreement in order to combat usury, provided that that legislation does not contravene the rules harmonised by those directives as regards, in particular, information obligations.


(1)  OJ L 42, 12.2.1987, p. 48.

(2)  OJ L 61, 10.3.1990, p. 14.

(3)  OJ L 133, 22.5.2008, p. 66.
European Parliament legislative resolution of 6 October 2020 on the proposal for a Council decision on the AIEM tax applicable in the Canary Islands (COM(2020)0355 — C9-0280/2020 — 2020/0163(CNS))
Date: 2020-10-06
Institutions: Committee on Economic and Monetary Affairs, Committee on Fisheries, Committee on Regional Development, European Parliament
Subjects: Canary Islands, Spain, derogation from EU law, indirect tax, originating product, peripheral region, regional aid, tax exemption, tax relief








C_2021395EN.01011401.xml










29.9.2021   


EN


Official Journal of the European Union


C 395/114






P9_TA(2020)0246
AIEM tax in the Canary Islands *
European Parliament legislative resolution of 6 October 2020 on the proposal for a Council decision on the AIEM tax applicable in the Canary Islands (COM(2020)0355 — C9-0280/2020 — 2020/0163(CNS))
(Special legislative procedure — consultation)
(2021/C 395/18)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2020)0355),










—


having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0280/2020),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Regional Development (A9-0157/2020),












1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Commission Implementing Regulation (EU) 2020/1469 of 6 October 2020 entering a name in the register of protected designations of origin and protected geographical indications (‘Malostonska kamenica’ (PDO))
Date: 2020-10-06
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: County of Dubrovnik-Neretva, Croatia, bivalve mollusc, designation of origin, labelling, product designation








L_2020334EN.01000101.xml










13.10.2020   


EN


Official Journal of the European Union


L 334/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1469
of 6 October 2020
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Malostonska kamenica’ (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Croatia’s application to register the name ‘Malostonska kamenica’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Malostonska kamenica’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Malostonska kamenica’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.7. – Fresh fish, molluscs and crustaceans and products derived therefrom, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 6 October 2020.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 204, 18.6.2020, p. 29.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
European Parliament legislative resolution of 6 October 2020 on the proposal for a Council decision authorising France to apply a reduced rate of certain indirect taxes on ‘traditional’ rum produced in Guadeloupe, French Guiana, Martinique and Réunion (COM(2020)0332 — C9-0217/2020 — 2020/0150(CNS))
Date: 2020-10-06
Institutions: Committee on Regional Development, European Parliament
Subjects: France, French Guiana, Guadeloupe, Martinique, Réunion, derogation from EU law, excise duty, originating product, spirits, tax relief








C_2021395EN.01011301.xml










29.9.2021   


EN


Official Journal of the European Union


C 395/113






P9_TA(2020)0245
Guadeloupe, French Guiana, Martinique and Réunion: indirect taxes on ‘traditional’ rum *
European Parliament legislative resolution of 6 October 2020 on the proposal for a Council decision authorising France to apply a reduced rate of certain indirect taxes on ‘traditional’ rum produced in Guadeloupe, French Guiana, Martinique and Réunion (COM(2020)0332 — C9-0217/2020 — 2020/0150(CNS))
(Special legislative procedure — consultation)
(2021/C 395/17)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2020)0332),










—


having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0217/2020),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Regional Development (A9-0156/2020),












1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Case C-500/20: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 6 October 2020 — ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH
Date: 2020-10-06
Institutions: Court of Justice
Subjects: international convention, international transport, liability, rail network, transport regulations, vehicle on rails, vehicle rental








C_2021019EN.01001602.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/16






Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 6 October 2020 — ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH
(Case C-500/20)
(2021/C 19/21)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant and respondent in the appeal on a point of law: Lokomotion Gesellschaft für Schienentraktion mbH

Defendant and appellant in the appeal on a point of law: ÖBB-Infrastruktur Aktiengesellschaft

Questions referred







1.


Is the Court of Justice of the European Union competent to interpret the Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI; Appendix E to the Convention concerning International Carriage by Rail [COTIF]) (1)?










2.


If the first question is answered in the affirmative:
Is Article 8(1)(b) CUI to be interpreted in such a way that the liability of the manager for loss of or damage to property as codified therein also includes the costs incurred by the carrier as a result of having to lease locomotives to replace his existing locomotives due to damage caused to them?










3.


If the first question is answered in the affirmative and the second question in the negative:
Are Articles 4 and 19(1) CUI to interpreted to the effect that the parties to the contract may effectively assume greater liability by means of a blanket reference to national law, if this means that, in derogation from strict liability in accordance with CUI, liability is conditional upon fault, even though the extent of liability is greater?






(1)  2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ 2013 L 51, p. 1).
Case C-2/20: Order of the President of the Court of 6 October 2020 (request for a preliminary ruling from the High Court of Justice (Queen’s Bench Division) — United Kingdom) — Daimler AG v Walleniusrederierna Aktiebolag, Wallenius Wilhelmsen ASA, Wallenius Logistics AB, Wilhelmsen Ships Holding Malta Limited, Wallenius Wilhelmsen Ocean AS, ‘K’ Line Holding (Europe) Limited, ‘K’ Line Europe Limited, Compañia Sudamericana de Vapores SA
Date: 2020-10-06
Institutions: Court of Justice
Subjects: civil liability proceedings, harbour installation, international transport, jurisdiction, maritime transport, provision of services, restrictive trade practice








C_2021044EN.01004102.xml










8.2.2021   


EN


Official Journal of the European Union


C 44/41






Order of the President of the Court of 6 October 2020 (request for a preliminary ruling from the High Court of Justice (Queen’s Bench Division) — United Kingdom) — Daimler AG v Walleniusrederierna Aktiebolag, Wallenius Wilhelmsen ASA, Wallenius Logistics AB, Wilhelmsen Ships Holding Malta Limited, Wallenius Wilhelmsen Ocean AS, ‘K’ Line Holding (Europe) Limited, ‘K’ Line Europe Limited, Compañia Sudamericana de Vapores SA
(Case C-2/20) (1)

(2021/C 44/56)
Language of the case: English
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 68, 2.3.2020.
Case C-443/19: Judgment of the Court (Eighth Chamber) of 6 October 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco — Spain) — Vodafone España SAU v Diputación Foral de Gipuzkoa (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 13 — Fee for rights of use for radio frequencies — Sectoral national legislation subjecting the allocation of public radio frequencies to a charge — National legislation subjecting the grant of administrative concessions on public assets to a tax on the transfer of assets)
Date: 2020-10-06
Institutions: Court of Justice
Subjects: Basque Country, Spain, autonomy, capital transfer tax, local tax, mobile communication, provision of services, service concession, tax system








C_2020414EN.01000802.xml










30.11.2020   


EN


Official Journal of the European Union


C 414/8






Judgment of the Court (Eighth Chamber) of 6 October 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco — Spain) — Vodafone España SAU v Diputación Foral de Gipuzkoa
(Case C-443/19) (1)

(Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Article 13 - Fee for rights of use for radio frequencies - Sectoral national legislation subjecting the allocation of public radio frequencies to a charge - National legislation subjecting the grant of administrative concessions on public assets to a tax on the transfer of assets)
(2020/C 414/09)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia del País Vasco

Parties to the main proceedings


Applicant: Vodafone España SAU

Defendant: Diputación Foral de Gipuzkoa

Operative part of the judgment

Article 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as not precluding a Member State, whose legislation provides that the right to use radio frequencies is subject to a charge for the allocation of public radio frequencies, from also subjecting the grant of administrative concessions in that field to a tax on the transfer of assets applicable generally to the grant of administrative concessions on public assets under legislation that is not specifically applicable to the electronic communications sector, where the chargeable event giving rise to that tax is linked to the granting of rights of use for radio frequencies, provided that that charge and that tax, taken together, satisfy the conditions set out in that article, in particular, the condition relating to the proportionate nature of the amount collected in return for the right to use radio frequencies, which is for the referring court to ascertain.


(1)  OJ C 328, 30.9.2019.
Council Decision (EU) 2020/1487 of 6 October 2020 on the position to be adopted on behalf of the European Union, within the EEA Joint Committee, concerning the amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2020-10-06
Institutions: Council of the European Union
Subjects: EEA Joint Committee, European Economic Area, general budget (EU), goods and services, protocol to an agreement, revision of an agreement, single market








L_2020343EN.01000701.xml










16.10.2020   


EN


Official Journal of the European Union


L 343/7








            COUNCIL DECISION (EU) 2020/1487
of 6 October 2020
         
on the position to be adopted on behalf of the European Union, within the EEA Joint Committee, concerning the amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
(Text with EEA relevance)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,


Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.












(2)


Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend Protocol 31 to the EEA Agreement (‘Protocol 31’).












(3)


Protocol 31 contains provisions on cooperation in specific fields outside the four freedoms.












(4)


It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding the operation and development of the internal market of goods and services.












(5)


Protocol 31 should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2020.












(6)


The position of the Union within the EEA Joint Committee should be based on the draft decision of the EEA Joint Committee,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted, on the Union’s behalf, within the EEA Joint Committee concerning the proposed amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee (3).


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




Done at Brussels, 6 October 2020.


For the Council


The President

M. ROTH
            





(1)  
            OJ L 305, 30.11.1994, p. 6.

(2)  
            OJ L 1, 3.1.1994, p. 3.

(3)  See document ST 10130/20 on http://register.consilium.europa.eu
Prior notification of a concentration (Case M.9939 — Sampo/RMI/Hastings) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 330/05
Date: 2020-10-06
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, holding company, insurance company, investment company, merger control








C_2020330EN.01001301.xml










6.10.2020   


EN


Official Journal of the European Union


C 330/13






Prior notification of a concentration
(Case M.9939 — Sampo/RMI/Hastings)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 330/05)

1.   
On 29 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:






—


Sampo plc (‘Sampo’, Finland),










—


Rant Merchant Investment Holdings Limited (‘RMI’, South Africa)










—


Hastings Group Holdings plc (‘Hastings’, UK).




Sampo and RMI acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Hastings.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Sampo is an insurance company active in Scandinavia and the Baltics offering life and non-life insurance products as well as wealth management services, and rewards and personal risk insurance.










—


RMI is a financial services investment holding company that invests in insurance brands, financial services and asset management companies.










—


Hastings is active in provision and distribution of non-life insurance, specifically for car, van, bike and home insurance.






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.9939 — Sampo/RMI/Hastings
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.
Council Decision (EU) 2020/1488 of 6 October 2020 on the position to be adopted on behalf of the European Union, within the EEA Joint Committee, concerning the amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Text with EEA relevance)
Date: 2020-10-06
Institutions: Council of the European Union
Subjects: EEA Joint Committee, European Economic Area, company law, general budget (EU), protocol to an agreement, revision of an agreement








L_2020343EN.01000901.xml










16.10.2020   


EN


Official Journal of the European Union


L 343/9








            COUNCIL DECISION (EU) 2020/1488
of 6 October 2020
         
on the position to be adopted on behalf of the European Union, within the EEA Joint Committee, concerning the amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
(Text with EEA relevance)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,


Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.












(2)


Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend Protocol 31 to the EEA Agreement (‘Protocol 31’).












(3)


Protocol 31 contains provisions on cooperation in specific fields outside the four freedoms.












(4)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding company law.












(5)


Protocol 31 should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2020.












(6)


The position of the Union within the EEA Joint Committee should be based on the draft decision of the EEA Joint Committee,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted, on the behalf of the Union, within the EEA Joint Committee concerning the proposed amendment of Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee (3).


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




Done at Brussels, 6 October 2020.


For the Council


The President

M. ROTH
            





(1)  
            OJ L 305, 30.11.1994, p. 6.

(2)  
            OJ L 1, 3.1.1994, p. 3.

(3)  See document ST 10133/20 on http://register.consilium.europa.eu