do-me/EUR-LEX huggingface dataset:
State aid – Decision to raise no objections 2020/C 381/07
Date: 2020-11-12
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, company in difficulties, control of State aid, coronavirus disease, emergency aid, package travel, small business








C_2020381EN.01002501.xml










12.11.2020   


EN


Official Journal of the European Union


C 381/25






State aid – Decision to raise no objections
(2020/C 381/07)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


31 July 2020




Case No


85513




Decision No


100/20/COL




EFTA State


Norway




Title (and/or name of the beneficiary)


Amendment to the COVID-19 direct grant scheme to package travels traders (aid to micro or small enterprises in difficulty on 31 December 2019)




Legal basis


Parliamentary Decision and a letter of assignment and term sheet issued by the Norwegian Ministry of Trade, Industry and Fisheries to Innovation Norway.




Type of measure


Scheme




Objective


Remedy for a serious disturbance in the economy




Form of aid


Direct grant




Budget


NOK 500 million




Duration


26 June 2020 - 31 December 2020




Economic sectors


Package travel




Name and address of the granting authority







Innovation Norway




Akersgata 13




0104  Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Case C-268/20: Order of the President of the Court of 12 November 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 6 de Ceuta — Spain) — XV v Cajamar Caja Rural S.C.C.
Date: 2020-11-12
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, cost of borrowing, real estate credit, unfair terms of contract








C_2021044EN.01004203.xml










8.2.2021   


EN


Official Journal of the European Union


C 44/42






Order of the President of the Court of 12 November 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 6 de Ceuta — Spain) — XV v Cajamar Caja Rural S.C.C.
(Case C-268/20) (1)

(2021/C 44/61)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 320, 28.9.2020.
Prior notification of a concentration (Case M.9907 – Exclusive Networks/Veracomp Business) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 381/13
Date: 2020-11-12
Institutions: Directorate-General for Competition, European Commission
Subjects: distributor, economic concentration, information technology industry, merger control, wholesale trade








C_2020381EN.01003101.xml










12.11.2020   


EN


Official Journal of the European Union


C 381/31






Prior notification of a concentration
(Case M.9907 – Exclusive Networks/Veracomp Business)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 381/13)






1.


On 4 November 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:






—


Exclusive Networks SAS (‘Exclusive Networks’, France),










—


Veracomp SA (‘Veracomp’, Poland).




Exclusive Networks will acquire sole control within the meaning of Article 3(1)(b) of the Merger Regulation over the whole of Veracomp.
The concentration is accomplished by way of acquisition of assets.










2.


The business activities of the undertakings concerned are:






—


for Exclusive Networks: wholesale distribution of IT products dedicated to enterprise IT security and software defined data centres (SDDC), in various countries around the world,










—


for Veracomp: wholesale distribution of a range of diverse IT products predominantly in the Central and Eastern Europe region (including Poland, Czechia, Slovakia, Romania, Bulgaria, Hungary, Croatia, Slovenia, Serbia, Bosnia and Herzegovina, Estonia, Lithuania, Latvia, Montenegro, Albania, Kosovo, North Macedonia).














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.9907 – Exclusive Networks/Veracomp Business
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 Implementing Regulation (EU) 2020/1695 of 12 November 2020 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
Date: 2020-11-12
Institutions: Council of the European Union
Subjects: EU restrictive measure, Iran, economic sanctions, international sanctions, legal person








L_2020381EN.01000601.xml










13.11.2020   


EN


Official Journal of the European Union


L 381/6








            COUNCIL IMPLEMENTING REGULATION (EU) 2020/1695
of 12 November 2020
         
implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (1), and in particular Article 46(2) thereof,


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

Whereas:







(1)


On 23 March 2012 the Council adopted Regulation (EU) No 267/2012.












(2)


On 18 June 2020 the Council adopted Regulation (EU) 2020/847 (2).












(3)


Following the judgment of the General Court in Case T-490/18 (3), Neda Industrial Group should be removed from the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012.












(4)


Annex IX to Regulation (EU) No 267/2012 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex IX to Regulation (EU) No 267/2012 is amended in accordance with the Annex to this Regulation.


Article 2
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, 12 November 2020.


For the Council


The President

M. ROTH
            





(1)  
            OJ L 88, 24.3.2012, p. 1.

(2)  Council Implementing Regulation (EU) 2020/847 of 18 June 2020 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ L 196, 19.6.2020, p. 1).

(3)  Judgment of the General Court of 8 July 2020, Neda Industrial Group v Council of the European Union, T-490/18, ECLI:EU:T:2020:318.




ANNEX
In Regulation (EU) No 267/2012, Annex IX, Part I, Section B (Entities), the following entry is deleted:






‘47.


Neda Industrial Group’.
Case C-842/19: Judgment of the Court (Sixth Chamber) of 12 November 2020 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Free movement of capital — Article 63 TFEU — Incompatibility of Belgian tax provisions concerning income from immovable property located abroad — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum)
Date: 2020-11-12
Institutions: Court of Justice
Subjects: basis of tax assessment, free movement of capital, property leasing, sanction (EU), tax law, tax on income








C_2021019EN.01001101.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/11






Judgment of the Court (Sixth Chamber) of 12 November 2020 — European Commission v Kingdom of Belgium
(Case C-842/19) (1)

(Failure of a Member State to fulfil obligations - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Free movement of capital - Article 63 TFEU - Incompatibility of Belgian tax provisions concerning income from immovable property located abroad - Article 260(2) TFEU - Application for an order to pay a penalty payment and a lump sum)
(2021/C 19/14)
Language of the case: French

Parties


Applicant: European Commission (represented by: W. Roels and A. Armenia, acting as Agents)

Defendant: Kingdom of Belgium (represented by: P. Cottin, J.-C. Halleux and C. Pochet, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by failing to take all the measures necessary to comply with the judgment of 12 April 2018 delivered in Case C-110/17, Commission v Belgium (C-110/17, EU:C:2018:250), the Kingdom of Belgium failed to fulfil its obligations under Article 260(1) TFEU;










2.


Orders the Kingdom of Belgium to pay to the European Commission a lump sum of EUR 2 000 000;










3.


Orders the Kingdom of Belgium to make to the European Commission a penalty payment of EUR 7 500 per day as from the date of delivery of the present judgment and until the date of compliance with the judgment of 12 April 2018, Commission v Belgium (C-110/17, EU:C:2018:250);










4.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 45, 10.2.2020.
Case C-602/20: Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 12 November 2020 — AKZ Burgas EOOD v Direktor na Direktsiya Obzhalvane i danachno-osiguritelna praktika — Burgas
Date: 2020-11-12
Institutions: Court of Justice
Subjects: interest, social-security contribution








C_2021028EN.01002902.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/29






Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 12 November 2020 — AKZ Burgas EOOD v Direktor na Direktsiya Obzhalvane i danachno-osiguritelna praktika — Burgas
(Case C-602/20)
(2021/C 28/47)
Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings


Applicant and appellant on a point of law: AKZ — Burgas EOOD

Defendant and respondent on a point of law: Direktor na Direktsiya Obzhalvane i danachno-osiguritelna praktika — Burgas

Questions referred







1.


Does EU law preclude a national system, such as that at issue in the main proceedings, which limits the statutory interest granted on repayment of social insurance contributions which were levied in breach of EU law to the interest accruing from the day following the date of the claim for repayment of the principal amount?










2.


Does EU law, and in particular the principles of equivalence and effectiveness, preclude a national system, such as that at issue in the main proceedings, which limits the statutory interest granted on repayment of compulsory social insurance contributions which were levied in breach of EU law to the interest accruing from the day following the date of the claim for repayment of those unduly paid/levied sums until their repayment?
Case T-678/20: Action brought on 12 November 2020 — Solar Electric and Others v Commission
Date: 2020-11-12
Institutions: General Court
Subjects: France, State aid, control of State aid, energy production, solar energy








C_2021044EN.01004901.xml










8.2.2021   


EN


Official Journal of the European Union


C 44/49






Action brought on 12 November 2020 — Solar Electric and Others v Commission
(Case T-678/20)
(2021/C 44/72)
Language of the case: French

Parties


Applicants: Solar Electric Holding (Le Lamentin, France), Solar Electric Guyane (Le Lamentin), Solar Electric Martinique (Le Lamentin), Société de production d’énergies renouvelables (Le Lamentin) (represented by: S. Manna, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should:






—


annul the Commission’s decision SA.40349 (2020/MI3) B2/AD/MKL/D*2020/101866 of 3 September 2020 rejecting their complaint of 20 June 2020 concerning the State aid granted to photovoltaic producers by the French State pursuant to the pricing orders of 10 July 2006, 12 January 2010 and 31 August 2010, on the ground that:






—


the applicants are entitled, pursuant to Article 24(2) of Regulation (EU) 2015/1589, to file a complaint with the Commission in order to report unlawful aid;










—


the Commission is required to open a preliminary examination without delay for any complaint relating to unlawful aid pursuant to Article 12(1) of Regulation EU 2015/1589;










—


the Commission is required to ensure that the provisions of TFEU on State aid are applied and it cannot fail to act.









Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.






1.


First plea in law based on an error which allegedly vitiates the contested decision in that it finds that the complaint filed by the applicants does not fall with the scope of application of Article 24(2) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (JO 2015 L 248, p. 9). The applicants argue to the contrary.










2.


Second plea in law, alleging an error in law by the Commission in its interpretation of the scope of application of Article 12(1) of Regulation 2015/1589. The applicants consider that their status as an interested party is sufficient to trigger the obligation for the Commission to open immediately a preliminary examination in respect of any complaint relating to unlawful aid in accordance with that provision.










3.


Third plea in law, alleging that the Commission failed in its obligations under Articles 107, 108 and 109 TFEU and Regulation 2015/1589 referred to above. The applicants claim that the Commission is required to ensure that the provisions of TFEU on State aid are applied and cannot fail to act in the examination of a complaint reporting unlawful aid.
State aid – Decision to raise no objections 2020/C 381/08
Date: 2020-11-12
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, company in difficulties, control of State aid, coronavirus disease, emergency aid, epidemic, small and medium-sized enterprises








C_2020381EN.01002601.xml










12.11.2020   


EN


Official Journal of the European Union


C 381/26






State aid – Decision to raise no objections
(2020/C 381/08)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


31 July 2020




Case No


85513




Decision No


100/20/COL




EFTA State


Norway




Title (and/or name of the beneficiary)


Amendment to the COVID-19 guarantee scheme for SMEs (aid to micro or small enterprises in difficulty on 31 December 2019)




Legal basis


Forskrift om endring i forskrift 27. mars 2020 nr. 490 til lov om statlig garantiordning for lån til små og mellomstore bedrifter, FOR-2020-03-27-490




Type of measure


Scheme




Objective


Remedy for a serious disturbance in the economy




Form of aid


Guarantee




Budget


NOK 50 billion (for the scheme as amended)




Duration


26 March 2020 – 31 December 2020




Economic sectors


All sectors




Name and address of the granting authority







GIEK (the Norwegian Export Credit Guarantee Agency)




Pb 1763 Vika




0122 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Council Decision (CFSP) 2020/1699 of 12 November 2020 amending Decision 2010/413/CFSP concerning restrictive measures against Iran
Date: 2020-11-12
Institutions: Council of the European Union
Subjects: EU restrictive measure, Iran, economic sanctions, international sanctions, legal person








L_2020381EN.01002201.xml










13.11.2020   


EN


Official Journal of the European Union


L 381/22








            COUNCIL DECISION (CFSP) 2020/1699
of 12 November 2020
         
amending Decision 2010/413/CFSP concerning restrictive measures against Iran


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


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

Whereas:







(1)


On 26 July 2010 the Council adopted Decision 2010/413/CFSP (1).












(2)


On 18 June 2020 the Council adopted Decision (CFSP) 2020/849 (2).












(3)


Following the judgment of the General Court in Case T-490/18 (3), Neda Industrial Group should be removed from the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/413/CFSP.












(4)


Annex II to Decision 2010/413/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex II to Decision 2010/413/CFSP is amended in accordance with the Annex to this Decision.


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




Done at Brussels, 12 November 2020.


For the Council


The President

M. ROTH
            





(1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).

(2)  Council Decision (CFSP) 2020/849 of 18 June 2020 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 196, 19.6.2020, p. 8).

(3)  Judgment of the General Court of 8 July 2020, Neda Industrial Group v Council of the European Union, T-490/18, ECLI:EU:T:2020:318.




ANNEX
In Decision 2010/413/CFSP, Annex II, part I, Section B (Entities), the following entry is deleted:






‘47.


Neda Industrial Group’.
Case C-597/20: Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 12 November 2020 — Polskie Linie Lotnicze ‘LOT’ SA v Budapest Főváros Kormányhivatala
Date: 2020-11-12
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, competence of the institution, indemnification, public institution, traveller








C_2021028EN.01002901.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/29






Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 12 November 2020 — Polskie Linie Lotnicze ‘LOT’ SA v Budapest Főváros Kormányhivatala
(Case C-597/20)
(2021/C 28/46)
Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings


Applicant: Polskie Linie Lotnicze ‘LOT’ SA

Defendant: Budapest Főváros Kormányhivatala

Question referred

Must Article 16(1) and (2) of Regulation (EC) No 261/2004 (1) of the European Parliament and of the Council be interpreted as meaning that where an individual complaint has been made by a passenger to the national body responsible for the enforcement of that regulation, that body cannot compel the airline in question to pay the compensation due to the passenger under the regulation?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Case C-734/19: Judgment of the Court (Eighth Chamber) of 12 November 2020 (request for a preliminary ruling from the Tribunalul Bucureşti — Romania) — ITH Comercial Timişoara SRL v Agenţia Naţională de Administrare Fiscală — Direcţia Generală Regională a Finanţelor Publice Bucureşti, Agenţia Naţională de Administrare Fiscală — Direcţia Generală Regională a Finanţelor Publice Bucureşti — Administraţia Sector 1 a Finanţelor Publice (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Deduction of input tax — Abandonment of the activity initially planned — Adjustment of the deduction of input VAT — Real estate activity)
Date: 2020-11-12
Institutions: Court of Justice
Subjects: VAT, building, commission agent, investment cost, investment project, property leasing, purchase, real estate business, real property, tax relief








C_2021019EN.01001001.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/10






Judgment of the Court (Eighth Chamber) of 12 November 2020 (request for a preliminary ruling from the Tribunalul Bucureşti — Romania) — ITH Comercial Timişoara SRL v Agenţia Naţională de Administrare Fiscală — Direcţia Generală Regională a Finanţelor Publice Bucureşti, Agenţia Naţională de Administrare Fiscală — Direcţia Generală Regională a Finanţelor Publice Bucureşti — Administraţia Sector 1 a Finanţelor Publice
(Case C-734/19) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Deduction of input tax - Abandonment of the activity initially planned - Adjustment of the deduction of input VAT - Real estate activity)
(2021/C 19/12)
Language of the case: Romanian

Referring court

Tribunalul Bucureşti

Parties to the main proceedings


Applicant: ITH Comercial Timişoara SRL

Defendants: Agenţia Naţională de Administrare Fiscală — Direcţia Generală Regională a Finanţelor Publice Bucureşti, Agenţia Naţională de Administrare Fiscală — Direcţia Generală Regională a Finanţelor Publice Bucureşti — Administraţia Sector 1 a Finanţelor Publice

Operative part of the judgment







1.


Articles 167, 168, 184 and 185 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that the right to deduct input value added tax (VAT) on goods, in the present case on immoveable property, and on services purchased in order to carry out taxed transactions is retained where the investment projects initially planned were abandoned due to circumstances beyond the control of the taxable person and that it is not necessary for that VAT to be adjusted if the taxable person still intends to use those goods for the purposes of a taxed activity.










2.


Directive 2006/112, in particular Article 28 thereof, must be interpreted as meaning that, in the absence of an agency agreement without representation, the mechanism imposing the rules governing commissioning is not applicable where a taxable person constructs a building in accordance with the specifications and requirements of another person expected to lease that building.






(1)  OJ C 54, 17.2.2020.