do-me/EUR-LEX huggingface dataset:
Case T-672/20: Action brought on 6 November 2020 — Kerstens v Commission
Date: 2020-11-06
Institutions: General Court
Subjects: European official, legal aid, rights of the defence, staff regulations (EU)








C_2021009EN.01003101.xml










11.1.2021   


EN


Official Journal of the European Union


C 9/31






Action brought on 6 November 2020 — Kerstens v Commission
(Case T-672/20)
(2021/C 9/44)
Language of the case: French

Parties


Applicant: Petrus Kerstens (La Forclaz, Switzerland) (represented by: C. Mourato, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s decision dated 20 January 2020 rejecting Mr Petrus Kerstens’ request for assistance D/517/19 of 17 September 2019 brought under Articles 24 and 12a of the Staff Regulations of Officials of the European Union;










—


annul the European Commission’s decision dated 31 January 2020 rejecting Mr Petrus Kerstens’ request for assistance D/516/19 of 17 September 2019 brought under Articles 24 and 12a of the Staff Regulations of Officials of the European Union;










—


order the defendant to pay the costs of the proceedings, by applying Article 134 of the Rules of Procedure of the General Court.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of the principle of good administration and infringement of the rights of the defence, and in particular the right to be heard arising from Article 41(2)(a) of the Charter of Fundamental Rights of the European Union in that the applicant was not heard by the Commission prior to the decisions rejecting his requests for assistance.
Commission Implementing Regulation (EU) 2020/1680 of 6 November 2020 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ (PDO)
Date: 2020-11-06
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Friuli-Venezia Giulia, Italy, designation of origin, labelling, product designation, red wine, white wine








L_2020379EN.01002601.xml










13.11.2020   


EN


Official Journal of the European Union


L 379/26








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1680
of 6 November 2020
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ (PDO)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ forwarded by Italy and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Friuli’/‘Friuli Venezia Giulia’/‘Furlanija’/‘Furlanija Julijska krajina’ (PDO) is hereby protected.


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 November 2020.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 202, 16.6.2020, p. 32.
Commission Implementing Regulation (EU) 2020/1678 of 6 November 2020 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Rioja’ (PDO))
Date: 2020-11-06
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Rioja, Spain, designation of origin, labelling, product designation, red wine, rosé wine, sparkling wine, white wine








L_2020379EN.01002401.xml










13.11.2020   


EN


Official Journal of the European Union


L 379/24








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1678
of 6 November 2020
         
approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Rioja’ (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Rioja’, forwarded by Spain in accordance with Article 105 of Regulation (EU) No 1308/2013.












(2)


The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union, as required by Article 97(3) of Regulation (EU) No 1308/2013 (2).












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Rioja’ (PDO) are hereby approved.


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 November 2020.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 152, 7.5.2020. p. 6.
Case T-665/20: Action brought on 6 November 2020 — Ryanair v Commission
Date: 2020-11-06
Institutions: General Court
Subjects: State aid, carriage of passengers, control of State aid, coronavirus disease, epidemic, low cost airline, principle of proportionality, reimbursement of aid, right of establishment, right to justice








C_2020443EN.01003001.xml










21.12.2020   


EN


Official Journal of the European Union


C 443/30






Action brought on 6 November 2020 — Ryanair v Commission
(Case T-665/20)
(2020/C 443/35)
Language of the case: English

Parties


Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F. Laprévote, V. Blanc, S. Rating and I. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s decision (EU) of 26 April 2020 on State aid SA.56867 COVID 19 –– Germany Compensation for the damage caused by the COVID-19 outbreak to Condor Flugdienst GmbH (1); and










—


order the European Commission to pay the costs.




The applicant has also requested that its action be determined under the expedited procedure as referred to in Article 23a of the Statute of the Court of Justice.

Pleas in law and main arguments

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






1.


First plea in law, alleging that the European Commission violated specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination, free provision of services and free establishment that have underpinned the liberalisation of the air transport market in the EU. The liberalisation of air transport has allowed the growth of truly pan-European low-fares airlines. By authorising Germany to reserve the aid to Condor, the European Commission ignored the damage caused to such pan-European airlines by the travel restrictions due to the COVID-19 crisis.










2.


Second plea in law, alleging that the Commission misapplied Article 107(2)(b) TFEU and committed a manifest error of assessment in its review of the proportionality of the aid to the damage caused by the travel restrictions due to the COVID-19 crisis, particularly by considering the prolonged insolvency period of Condor as direct damage to be covered by the aid and by considering that Condor would be sold by June 2022 and could use the proceeds to repay part of the aid.










3.


Third plea in law, alleging that the European Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.










4.


Fourth plea in law, alleging that the Commission violated its duty to state reasons.






(1)  European Commission’s decision (EU) of 26 April 2020 on State aid SA.56867 COVID 19 –– Germany Compensation for the damage caused by the COVID-19 outbreak to Condor Flugdienst GmbH (OJ 2020 C 310, p. 5)
Prior notification of a concentration (Case M.9989 — BB Holding Investment/Duferdofin-Nucor) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 375/09
Date: 2020-11-06
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy industry, holding company, investment company, iron and steel industry, merger control, waterway transport








C_2020375EN.01005701.xml










6.11.2020   


EN


Official Journal of the European Union


C 375/57






Prior notification of a concentration
(Case M.9989 — BB Holding Investment/Duferdofin-Nucor)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 375/09)

1.   
On 28 October 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:






—


BB Holding Investment S.A. (‘BB Holding Investment’, Luxemburg),










—


Duferdofin-Nucor S.r.l. (‘Duferdofin-Nucor’, Italy), jointly controlled by BB Holding Investment S.A. and Nucor European Holdings BV.




BB Holding Investment acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Duferdofin-Nucor.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


BB Holding Investment: management of companies active in energy, shipping and steel, where it is primarily active in the trading/distribution of steel products.










—


Duferdofin-Nucor: manufacturing and distribution of carbon steel products, such as blooms, billets and rounds, and finished long products, in particular heavy sections (beams).






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.9989 — BB Holding Investment/Duferdofin-Nucor
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.
Commission Implementing Regulation (EU) 2020/1679 of 6 November 2020 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Soltvadkerti’ (PDO)
Date: 2020-11-06
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Hungary, Southern Alföld, designation of origin, labelling, product designation, sparkling wine, white wine, wine of superior quality








L_2020379EN.01002501.xml










13.11.2020   


EN


Official Journal of the European Union


L 379/25








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1679
of 6 November 2020
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Soltvadkerti’ (PDO)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Soltvadkerti’ forwarded by Hungary and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Soltvadkerti’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Soltvadkerti’ (PDO) is hereby protected.


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 November 2020.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 170, 18.5.2020, p. 51.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 5 November 2020 2020/C 375/07
Date: 2020-11-06
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020375EN.01004601.xml










6.11.2020   


EN


Official Journal of the European Union


C 375/46






Euro exchange rates (1)

5 November 2020
(2020/C 375/07)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1855 




JPY


Japanese yen


122,86 




DKK


Danish krone


7,4467 




GBP


Pound sterling


0,90450 




SEK


Swedish krona


10,2770 




CHF


Swiss franc


1,0724 




ISK


Iceland króna


163,70 




NOK


Norwegian krone


10,8500 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,766 




HUF


Hungarian forint


357,83 




PLN


Polish zloty


4,5134 




RON


Romanian leu


4,8648 




TRY


Turkish lira


9,9980 




AUD


Australian dollar


1,6356 




CAD


Canadian dollar


1,5478 




HKD


Hong Kong dollar


9,1922 




NZD


New Zealand dollar


1,7540 




SGD


Singapore dollar


1,6014 




KRW


South Korean won


1 330,68 




ZAR


South African rand


18,6894 




CNY


Chinese yuan renminbi


7,8331 




HRK


Croatian kuna


7,5518 




IDR


Indonesian rupiah


16 901,14 




MYR


Malaysian ringgit


4,9169 




PHP


Philippine peso


57,218 




RUB


Russian rouble


91,7450 




THB


Thai baht


36,525 




BRL


Brazilian real


6,5906 




MXN


Mexican peso


24,5016 




INR


Indian rupee


87,7405 






(1)  Source: reference exchange rate published by the ECB.
Case C-583/20: Request for a preliminary ruling from the Kúria (Hungary) lodged on 6 November 2020 — EuroChem Agro Hungary Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Date: 2020-11-06
Institutions: Court of Justice
Subjects: VAT, carriage of goods, free movement of capital, free movement of goods, freedom to provide services, road transport, tax collection, tax evasion, taxpayer








C_2021028EN.01002801.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/28






Request for a preliminary ruling from the Kúria (Hungary) lodged on 6 November 2020 — EuroChem Agro Hungary Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
(Case C-583/20)
(2021/C 28/44)
Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings


Appellant: EuroChem Agro Hungary Kft.

Respondent: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Questions referred







1.


Must Article 273 of the VAT Directive (1) be interpreted as meaning that a penalty regime under which taxpayers classified as high-risk taxpayers who commit a minor infringement of the Elektronikus Közúti Áruforgalom Ellenőrző Rendszer (EKAER) (Road freight electronic monitoring system) may not be fined less than 30 % of 40 % of the value of the transported goods and which does not allow for the fine to be waived exceeds the limits of the power conferred on Member States by that article?










2.


Must Article 273 of the VAT Directive be interpreted as meaning that a penalty of the abovementioned amount goes (disproportionately) beyond what is necessary to achieve the objective of collecting VAT and preventing evasion established in that article?










3.


Must Article 26(2) of the Treaty on the Functioning of the European Union (TFEU) be interpreted as meaning that the penalty regime applicable to high-risk taxpayers is an obstacle to achieving the principle of free movement of goods, persons, services and capital?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).