do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.10047 — Schwarz Group/SUEZ Waste Management Companies) (Text with EEA relevance) 2021/C 305/02
Date: 2021-04-14
Institutions: Directorate-General for Competition, European Commission
Subjects: chain store, economic concentration, foodstuff, merger control, primary product, waste, waste management








C_2021305EN.01002901.xml










30.7.2021   


EN


Official Journal of the European Union


C 305/29






Non-opposition to a notified concentration
(Case M.10047 — Schwarz Group/SUEZ Waste Management Companies)
(Text with EEA relevance)
(2021/C 305/02)
On 14 April 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) in conjunction with Article 6(2) of Council Regulation (EC) No. 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10047. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-504/19: Judgment of the General Court of 14 April 2021 — Crédit Lyonnais v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and Article 4(3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s partial refusal to authorise the exclusion of exposures meeting certain conditions — Article 429(14) of Regulation (EU) No 575/2013 — Failure to examine all the relevant aspects of the individual case — Res judicata — Article 266 TFEU)
Date: 2021-04-14
Institutions: General Court
Subjects: EU banking union, banking supervision, credit institution, financial supervision








C_2021228EN.01002801.xml










14.6.2021   


EN


Official Journal of the European Union


C 228/28






Judgment of the General Court of 14 April 2021 — Crédit Lyonnais v ECB
(Case T-504/19) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Article 4(1)(d) and Article 4(3) of Regulation (EU) No 1024/2013 - Calculation of the leverage ratio - ECB’s partial refusal to authorise the exclusion of exposures meeting certain conditions - Article 429(14) of Regulation (EU) No 575/2013 - Failure to examine all the relevant aspects of the individual case - Res judicata - Article 266 TFEU)
(2021/C 228/38)
Language of the case: French

Parties


Applicant: Crédit Lyonnais (Lyon, France) (represented by: A. Champsaur and A. Delors, lawyers)

Defendant: European Central Bank (represented by: J. Poscia, R. Ugena and F. Bonnard, acting as Agents, and H.-G. Kamann, lawyer)

Re:

Application under Article 263 TFEU seeking the annulment of Decision ECB-SSM-2019-FRCAG-39 adopted by the ECB on 3 May 2019, pursuant to Article 4(1)(d) and Article 10 of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63), and Article 429(14) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ 2013 L 176, p. 1, corrigenda OJ 2013 L 208, p. 68, and OJ 2013 L 321, p. 6), in so far as it refuses to authorise the applicant to exclude certain exposures from the calculation of the leverage ratio.

Operative part of the judgment

The Court:






1.


Annuls decision ECB-SSM-2019-FRCAG-39 adopted by the ECB on 3 May 2019 in so far as it refused to authorise Crédit Lyonnais to exclude from the calculation of the leverage ratio 34 % of its exposures to the Caisse des dépôts et consignations;










2.


Orders the ECB to pay the costs.






(1)  OJ C 312, 16.9.2019.
Case T-462/20: Order of the General Court of 14 April 2021 — ZU v Commission (Action for annulment and for damages — Civil service — Officials — Request for information — Rejection of a complaint — No act adversely affecting the applicant — Action manifestly inadmissible)
Date: 2021-04-14
Institutions: General Court
Subjects: European official, appointment of staff, damages, right to information, rights of the defence








C_2021242EN.01004602.xml










21.6.2021   


EN


Official Journal of the European Union


C 242/46






Order of the General Court of 14 April 2021 — ZU v Commission
(Case T-462/20) (1)

(Action for annulment and for damages - Civil service - Officials - Request for information - Rejection of a complaint - No act adversely affecting the applicant - Action manifestly inadmissible)
(2021/C 242/66)
Language of the case: English

Parties


Applicant: ZU (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Commission (represented by: I. Melo Sampaio, L. Vernier and D. Milanowska, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking, in the first place, annulment, first, of the Commission’s letter of 5 September 2019 refusing to answer the applicant’s questions and, second, of the Commission’s letter of 6 April 2020 rejecting his complaint and, in the second place, compensation for the damage allegedly suffered by the applicant as a result of those measures.

Operative part of the order







1.


The action is dismissed.










2.


ZU shall pay all of the costs.






(1)  OJ C 329, 5.10.2020.
Case T-388/20: Judgment of the General Court of 14 April 2021 — Ryanair v Commission (Finnair I; Covid-19) (State aid — Finnish air transport market — Aid granted by Finland to Finnair in the context of the COVID-19 pandemic — State guarantee on a loan — Decision not to raise any objections — Temporary Framework for State aid measures — Measure intended to remedy a serious disturbance in the economy of a Member State — Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition — Equal treatment — Freedom of establishment — Freedom to provide services — Duty to state reasons)
Date: 2021-04-14
Institutions: General Court
Subjects: Finland, State aid, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, guarantee, low cost airline, right of establishment








C_2021242EN.01004302.xml










21.6.2021   


EN


Official Journal of the European Union


C 242/43






Judgment of the General Court of 14 April 2021 — Ryanair v Commission (Finnair I; Covid-19)
(Case T-388/20) (1)

(State aid - Finnish air transport market - Aid granted by Finland to Finnair in the context of the COVID-19 pandemic - State guarantee on a loan - Decision not to raise any objections - Temporary Framework for State aid measures - Measure intended to remedy a serious disturbance in the economy of a Member State - Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition - Equal treatment - Freedom of establishment - Freedom to provide services - Duty to state reasons)
(2021/C 242/61)
Language of the case: English

Parties


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

Defendant: European Commission (represented by: L. Flynn, S. Noë and F. Tomat, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), French Republic (represented by: E. de Moustier and P. Dodeller, acting as Agents), Republic of Finland (represented by: H. Leppo, acting as Agent)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 3387 final of 18 May 2020 on State Aid SA.56809 (2020/N) — Finland — COVID-19: State loan guarantee for Finnair.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ryanair DAC to bear its own costs and to pay those of the European Commission, including the costs relating to the request for confidential treatment;










3.


Orders the Kingdom of Spain, the French Republic and the Republic of Finland to bear their own costs.






(1)  OJ C 262, 10.8.2020.
Case C-108/20: Order of the Court (Tenth Chamber) of 14 April 2021 (request for a preliminary ruling from the Finanzgericht Berlin-Brandenburg — Germany) — HR v Finanzamt Wilmersdorf (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 167 and 168 — Right to deduct input VAT — Refusal — Fraud — Supply chain — Refusal of the right to deduct where the taxable person knew or should have known that, by his or her purchase, he or she was participating in a transaction connected to VAT fraud)
Date: 2021-04-14
Institutions: Court of Justice
Subjects: VAT, supply chain, tax evasion, tax relief, taxpayer








C_2021289EN.01001702.xml










19.7.2021   


EN


Official Journal of the European Union


C 289/17






Order of the Court (Tenth Chamber) of 14 April 2021 (request for a preliminary ruling from the Finanzgericht Berlin-Brandenburg — Germany) — HR v Finanzamt Wilmersdorf
(Case C-108/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Articles 167 and 168 - Right to deduct input VAT - Refusal - Fraud - Supply chain - Refusal of the right to deduct where the taxable person knew or should have known that, by his or her purchase, he or she was participating in a transaction connected to VAT fraud)
(2021/C 289/24)
Language of the case: German

Referring court

Finanzgericht Berlin-Brandenburg

Parties to the main proceedings


Applicant HR

Defendant: Finanzamt Wilmersdorf

Operative part of the order

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as not precluding a national practice whereby the right to deduct input value added tax (VAT) paid is refused to a taxable person who has acquired goods having been the subject of input VAT fraud committed upstream in the supply chain and who knew or should have known of it, even though he or she did not actively participate in that fraud.


(1)  OJ C 201, 15.6.2020.
Case C-573/20: Order of the Court (Sixth Chamber) of 14 April 2021 (request for a preliminary ruling from the Commissione tributaria provinciale di Parma — Italy) — Casa di Cura Città di Parma SpA v Agenzia delle Entrate (Reference for a preliminary ruling — Articles 53(2) and 99 of the Rules of Procedure of the Court — Taxation — Common system of value added tax (VAT) — Sixth Directive 77/388/EEC — Article 17(2)(a) — Mixed taxable person — Deductible proportion — Public or private health structures carrying out exempt activities — National legislation excluding the deduction of VAT relating to the purchase of goods or services used for the requirements of those exempt activities)
Date: 2021-04-14
Institutions: Court of Justice
Subjects: Italy, VAT, consumer, equal treatment, health care, health care profession, national law, provision of services, tax, tax relief








C_2021289EN.01001901.xml










19.7.2021   


EN


Official Journal of the European Union


C 289/19






Order of the Court (Sixth Chamber) of 14 April 2021 (request for a preliminary ruling from the Commissione tributaria provinciale di Parma — Italy) — Casa di Cura Città di Parma SpA v Agenzia delle Entrate
(Case C-573/20) (1)

(Reference for a preliminary ruling - Articles 53(2) and 99 of the Rules of Procedure of the Court - Taxation - Common system of value added tax (VAT) - Sixth Directive 77/388/EEC - Article 17(2)(a) - Mixed taxable person - Deductible proportion - Public or private health structures carrying out exempt activities - National legislation excluding the deduction of VAT relating to the purchase of goods or services used for the requirements of those exempt activities)
(2021/C 289/26)
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Parma

Parties to the main proceedings


Applicant: Casa di Cura Città di Parma SpA

Defendant: Agenzia delle Entrate

Operative part of the order

Article 17(2)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, must be interpreted as not precluding national legislation which does not permit the deduction of input value added tax (VAT) paid for the purchase of goods and services used for the requirements of exempt activities and which provides, consequently, that the right of a mixed taxable person to deduct VAT is calculated on the basis of a proportion corresponding to the ratio of the amount of the transactions in respect of which there is a right to deduct and the total amount of the transactions carried out over the course of the year concerned, including the exempt medical-healthcare services.


(1)  OJ C 35, 1.2.2021.
Case T-29/17 RENV: Judgment of the General Court of 14 April 2021 — RQ v Commission (Civil service — Officials — Director-General of OLAF — Decision waiving the applicant’s immunity from legal proceedings — Obligation to state reasons — Duty of assistance and duty to have regard to the welfare of officials — Legitimate expectations — Presumption of innocence — Principle of sound administration)
Date: 2021-04-14
Institutions: General Court
Subjects: European Anti-fraud Office, European official, Member of the European Parliament, managing director, parliamentary immunity, rights of the defence








C_2021242EN.01001701.xml










21.6.2021   


EN


Official Journal of the European Union


C 242/17






Judgment of the General Court of 14 April 2021 — RQ v Commission
(Case T-29/17 RENV) (1)

(Civil service - Officials - Director-General of OLAF - Decision waiving the applicant’s immunity from legal proceedings - Obligation to state reasons - Duty of assistance and duty to have regard to the welfare of officials - Legitimate expectations - Presumption of innocence - Principle of sound administration)
(2021/C 242/22)
Language of the case: French

Parties


Applicant: RQ (represented by: É. Boigelot, lawyer)

Defendant: European Commission (represented by: K. Banks, J.-P. Keppenne and J. Baquero Cruz, acting as Agents)

Re:

Action under Article 270 TFEU for annulment of Commission Decision C(2016) 1449 final of 2 March 2016 concerning a request to waive the applicant’s immunity from legal proceedings.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders RQ to pay the entirety of the costs, including those relating to Case T-29/17 and Case C-831/18 P.






(1)  OJ C 95, 27.3.2017.
Case T-300/19: Judgment of the General Court of 14 April 2021 — Achema and Lifosa v Commission (State aid — Market in electricity generated from renewable energy sources — Operating aid — Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage — Article 107(3)(c) TFEU — Infringement of procedural rights — 2008 Guidelines on State aid for environmental protection — 2014 Guidelines on State aid for environmental protection and energy 2014-2020 — Article 30 TFEU — Article 110 TFEU — Body of consistent evidence)
Date: 2021-04-14
Institutions: General Court
Subjects: Lithuania, State aid, aid to undertakings, control of State aid, electrical energy, energy production, renewable energy








C_2021242EN.01002401.xml










21.6.2021   


EN


Official Journal of the European Union


C 242/24






Judgment of the General Court of 14 April 2021 — Achema and Lifosa v Commission
(Case T-300/19) (1)

(State aid - Market in electricity generated from renewable energy sources - Operating aid - Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage - Article 107(3)(c) TFEU - Infringement of procedural rights - 2008 Guidelines on State aid for environmental protection - 2014 Guidelines on State aid for environmental protection and energy 2014-2020 - Article 30 TFEU - Article 110 TFEU - Body of consistent evidence)
(2021/C 242/31)
Language of the case: English

Parties


Applicants: Achema AB (Jonava, Lithuania), Lifosa AB (Kedainiai, Lithuania) (represented by: E. Righini and N. Solárová, lawyers)

Defendant: European Commission (represented by: K. Herrmann and P. Němečková, acting as Agents)

Intervener in support of the defendant: Republic of Lithuania (represented by: K. Dieninis and R. Dzikovič, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 9209 final of 8 January 2019 on State aid SA.45765 (2018/NN), concerning an aid scheme implemented by the Republic of Lithuania in support of producers of electricity from renewable energy sources (OJ 2019 C 61, p. 1).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2018) 9209 final of 8 January 2019 on State aid SA.45765 (2018/NN), concerning an aid scheme implemented by the Republic of Lithuania in support of producers of electricity from renewable energy sources;










2.


Orders the European Commission to bear its own costs and to pay those incurred by Achema AB and Lifosa AB;










3.


Orders the Republic of Lithuania to bear its own costs.






(1)  OJ C 238, 15.7.2019.
Case T-379/20: Judgment of the General Court of 14 April 2021 — Ryanair v Commission (SAS, Sweden; Covid-19) (State aid — Swedish air transport market — Aid granted by Sweden to an airline amid the COVID-19 pandemic — Guarantee — Decision not to raise any objections — Commitments as a condition to make the aid compatible with the internal market — Aid intended to make good the damage caused by an exceptional occurrence — Freedom of establishment — Free provision of services — Equal treatment — Duty to state reasons)
Date: 2021-04-14
Institutions: General Court
Subjects: State aid, Sweden, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, guarantee, low cost airline, right of establishment








C_2021242EN.01004201.xml










21.6.2021   


EN


Official Journal of the European Union


C 242/42






Judgment of the General Court of 14 April 2021 — Ryanair v Commission (SAS, Sweden; Covid-19)
(Case T-379/20) (1)

(State aid - Swedish air transport market - Aid granted by Sweden to an airline amid the COVID-19 pandemic - Guarantee - Decision not to raise any objections - Commitments as a condition to make the aid compatible with the internal market - Aid intended to make good the damage caused by an exceptional occurrence - Freedom of establishment - Free provision of services - Equal treatment - Duty to state reasons)
(2021/C 242/59)
Language of the case: English

Parties


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

Defendant: European Commission (represented by: F. Tomat, D. Zukowska, L. Flynn and S. Noë, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: E. de Moustier and P. Dodeller, acting as Agents), Kingdom of Sweden (represented by: C. Meyer-Seitz, A. Runeskjöld, M. Salborn Hodgson, H. Shev, H. Eklinder, R. Shahsavan Eriksson, O. Simonsson and J. Lundberg, acting as Agents), SAS AB (Stockholm, Sweden) (represented by: F. Sjövall, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 2784 final of 24 April 2020 on State Aid SA.57061 (2020/N) — Sweden — Compensation for the damage caused by the COVID-19 outbreak to Scandinavian Airlines.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ryanair DAC to bear its own costs and to pay those of the European Commission, including the costs relating to the request for confidential treatment;










3.


Orders the French Republic, the Kingdom of Sweden and SAS AB to bear their own costs.






(1)  OJ C 255, 3.8.2020.
Case T-378/20: Judgment of the General Court of 14 April 2021 — Ryanair v Commission (SAS, Denmark; COVID-19) (State aid — Danish air transport market — Aid granted by Denmark to an airline amid the COVID-19 pandemic — Guarantee — Decision not to raise any objections — Commitments as a condition to make the aid compatible with the internal market — Aid intended to make good the damage caused by an exceptional occurrence — Freedom of establishment — Free provision of services — Equal treatment — Duty to state reasons)
Date: 2021-04-14
Institutions: General Court
Subjects: Denmark, State aid, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, guarantee, low cost airline, right of establishment








C_2021242EN.01004102.xml










21.6.2021   


EN


Official Journal of the European Union


C 242/41






Judgment of the General Court of 14 April 2021 — Ryanair v Commission (SAS, Denmark; COVID-19)
(Case T-378/20) (1)

(State aid - Danish air transport market - Aid granted by Denmark to an airline amid the COVID-19 pandemic - Guarantee - Decision not to raise any objections - Commitments as a condition to make the aid compatible with the internal market - Aid intended to make good the damage caused by an exceptional occurrence - Freedom of establishment - Free provision of services - Equal treatment - Duty to state reasons)
(2021/C 242/58)
Language of the case: English

Parties


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

Defendant: European Commission (represented by: F. Tomat, L. Flynn and S. Noë, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented by: J. Nymann-Lindegren and M. Søndahl Wolff, acting as Agents, and by R. Holdgaard, lawyer), French Republic (represented by: E. de Moustier and P. Dodeller, acting as Agents), SAS AB (Stockholm, Sweden) (represented by: F. Sjövall, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 2416 final of 15 April 2020 on State Aid SA.56795 (2020/N) — Denmark — Compensation for the damage caused by the COVID-19 outbreak to Scandinavian Airlines.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ryanair DAC to bear its own costs and to pay those of the European Commission, including the costs relating to the request for confidential treatment;










3.


Orders the Kingdom of Denmark, the French Republic and SAS AB to bear their own costs.






(1)  OJ C 255, 3.8.2020.