do-me/EUR-LEX huggingface dataset:
Case C-470/19: Judgment of the Court (First Chamber) of 15 April 2021 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Friends of the Irish Environment Ltd v Commissioner for Environmental Information (Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Right of access to environmental information held by public authorities — Article 2, point 2 — Notion of ‘public authority’ — Bodies or institutions when acting in a judicial or legislative capacity — Information in the file of closed court proceedings)
Date: 2021-04-15
Institutions: Court of Justice
Subjects: access to information, environmental policy, judicial proceedings, public authorities








C_2021217EN.01000501.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/5






Judgment of the Court (First Chamber) of 15 April 2021 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Friends of the Irish Environment Ltd v Commissioner for Environmental Information
(Case C-470/19) (1)

(Reference for a preliminary ruling - Aarhus Convention - Directive 2003/4/EC - Right of access to environmental information held by public authorities - Article 2, point 2 - Notion of ‘public authority’ - Bodies or institutions when acting in a judicial or legislative capacity - Information in the file of closed court proceedings)
(2021/C 217/06)
Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings


Applicant: Friends of the Irish Environment Ltd

Defendant: Commissioner for Environmental Information

Intervening party: Courts Service of Ireland

Operative part of the judgment

Article 2, point 2, of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC must be interpreted as meaning that it does not govern access to environmental information contained in court files, where neither the courts nor the bodies or institutions under their control, which thus have close links with those courts, constitute ‘public authorities’ within the meaning of that provision and therefore do not fall within the scope of that directive.


(1)  OJ C 280, 19.8.2019.
Case T-205/21: Action brought on 15 April 2021 — Kewazo v EUIPO (Liftbot)
Date: 2021-04-15
Institutions: General Court
Subjects: EU trade mark, civil engineering, computer equipment, construction equipment, hoisting equipment, lift, registered trade mark, research, software, trade-mark law








C_2021217EN.01006501.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/65






Action brought on 15 April 2021 — Kewazo v EUIPO (Liftbot)
(Case T-205/21)
(2021/C 217/82)
Language of the case: German

Parties


Applicant: Kewazo GmbH (Garching, Germany) (represented by: P. Baronikians, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for European Union word mark Liftbot — Application for registration No 18 191 963

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 February 2021 in Case R 1160/2020-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


annul the refusal decision of EUIPO of 15 September 2020;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 15 April 2021 concerning a draft decision in case AT.40330 – Rail cargo Rapporteur: Luxembourg 2021/C 398/07
Date: 2021-04-15
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, carriage of goods, cartel, control of restrictive practices, cross-border transport, international cartel, rail transport, restriction on competition, sanction (EU), transport company








C_2021398EN.01000801.xml










1.10.2021   


EN


Official Journal of the European Union


C 398/8






Opinion of the Advisory Committee on restrictive agreements and dominant positions at its meeting on 15 April 2021 concerning a draft decision in case AT.40330 – Rail cargo
Rapporteur: Luxembourg
(2021/C 398/07)

1.   

The Advisory Committee (14 Member States) agrees with the Commission that the anti-competitive conduct in form of customer allocation covered by the draft decision constitutes an agreement and/or concerted practice between undertakings within the meaning of Article 101 of the Treaty.



2.   

The Advisory Committee (14 Member States) agrees with the Commission’s assessment of the product and geographic scope of the infringement set out in the draft decision.



3.   

The Advisory Committee (14 Member States) agrees with the Commission that the undertakings concerned by the draft decision participated in a single and continuous infringement of Article 101 of the Treaty, as set out in the draft decision.



4.   

The Advisory Committee (14 Member States) agrees with the Commission that the agreement and/or concerted practice was capable of appreciably affecting trade between the Member States.



5.   

The Advisory Committee (14 Member States) agrees with the Commission’s assessment as regards the overall duration of the infringement and as regards the duration of the participation of each undertaking in that infringement.



6.   

The Advisory Committee (14 Member States) agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.



7.   

The Advisory Committee (14 Member States) agrees with the Commission as regards the reduction of the fines based on the 2006 Leniency Notice and the 2008 Settlement Notice.



8.   

The Advisory Committee (14 Member States) agrees with the Commission on the final amounts of the fines.



9.   

The Advisory Committee (14 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.
Case C-62/20: Judgment of the Court (Tenth Chamber) of 15 April 2021 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Vogel Import Export NV v Belgische Staat (Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union — Common Customs Tariff — Tariff classification — Combined Nomenclature — Tariff headings — Headings 4407 and 4409 — Planed wooden boards the four corners of which have been slightly rounded over the entire length of the board)
Date: 2021-04-15
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, customs union, specification of tariff heading, wood product








C_2021217EN.01001502.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/15






Judgment of the Court (Tenth Chamber) of 15 April 2021 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Vogel Import Export NV v Belgische Staat
(Case C-62/20) (1)

(Reference for a preliminary ruling - Regulation (EEC) No 2658/87 - Customs union - Common Customs Tariff - Tariff classification - Combined Nomenclature - Tariff headings - Headings 4407 and 4409 - Planed wooden boards the four corners of which have been slightly rounded over the entire length of the board)
(2021/C 217/21)
Language of the case: Dutch

Referring court

Nederlandstalige rechtbank van eerste aanleg Brussel

Parties to the main proceedings


Applicant: Vogel Import Export NV

Defendant: Belgische Staat

Operative part of the judgment

The Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Implementing Regulation (EU) No 2016/1821 of 6 October 2016, must be interpreted as meaning that planed wooden boards the four corners of which have been slightly rounded over the entire length of the board, must not be regarded as continuously shaped and are capable of falling within heading 4407 of the Combined Nomenclature.


(1)  OJ C 201, 15.6.2020.
Council Decision (CFSP) 2021/613 of 15 April 2021 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
Date: 2021-04-15
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, international sanctions, natural person, terrorism








LI2021129EN.01000401.xml










15.4.2021   


EN


Official Journal of the European Union


LI 129/4








            COUNCIL DECISION (CFSP) 2021/613
of 15 April 2021
         
amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them


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 20 September 2016 the Council adopted Decision (CFSP) 2016/1693 (1).












(2)


In view of the continued threat posed by ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them, one person should be added to the list of persons, groups, undertakings and entities set out in the Annex to Decision (CFSP) 2016/1693.












(3)


Decision (CFSP) 2016/1693 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The Annex to Decision (CFSP) 2016/1693 is amended as set out in the Annex to this Decision.


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




Done at Brussels, 15 April 2021.


For the Council


The President

A. P. ZACARIAS
            





(1)  Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (OJ L 255, 21.9.2016, p. 25).




ANNEX
The following entry is added to the list of persons, groups, undertakings and entities set out in the Annex to Decision (CFSP) 2016/1693:







‘7.


Mesut SEKERCI; date of birth: 22 July 1995; place of birth: Evreux (France); nationality: French, Turkish.’.
Case C-935/19: Judgment of the Court (Ninth Chamber) of 15 April 2021 (request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu — Poland) — Grupa Warzywna sp. z o.o. v Dyrektor Izby Administracji Skarbowej we Wrocławiu (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 273 — Overstatement in the tax return of the amount of the refund of VAT — Error of assessment by the taxable person concerning the taxable nature of a transaction — Correction of the tax return following an audit — Penalty of an amount equal to 20 % of the overstated VAT reimbursement — Principle of proportionality)
Date: 2021-04-15
Institutions: Court of Justice
Subjects: VAT, fine, principle of proportionality, tax exemption, tax inspection, tax return, taxable income








C_2021217EN.01001401.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/14






Judgment of the Court (Ninth Chamber) of 15 April 2021 (request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu — Poland) — Grupa Warzywna sp. z o.o. v Dyrektor Izby Administracji Skarbowej we Wrocławiu
(Case C-935/19) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 273 - Overstatement in the tax return of the amount of the refund of VAT - Error of assessment by the taxable person concerning the taxable nature of a transaction - Correction of the tax return following an audit - Penalty of an amount equal to 20 % of the overstated VAT reimbursement - Principle of proportionality)
(2021/C 217/19)
Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny we Wrocławiu

Parties to the main proceedings


Applicant: Grupa Warzywna sp. z o.o.

Defendant: Dyrektor Izby Administracji Skarbowej we Wrocławiu

Operative part of the judgment

Article 273 of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, and the principle of proportionality must be interpreted as meaning that they preclude a national law which imposes on a taxable person, who wrongly classified a transaction that is exempt from VAT as a transaction which is subject to that tax, an additional tax liability equal to 20 % of the amount of the overstated VAT reimbursement that was wrongly claimed, where that sanction applies without distinction to a situation where the irregularity is the result of an error of assessment made by the parties to the transaction regarding the taxable nature of that transaction, which is characterised by the lack of evidence of evasion and of losses of revenues for the State Treasury, and to a situation where such specific circumstances do not exist.


(1)  OJ C 191, 8.6.2020.
Case C-875/19 P: Judgment of the Court (Sixth Chamber) of 15 April 2021 — FV v Council of the European Union (Appeal — Application for annulment — Civil service — Staff report — Assessment criteria — Consistency of output — Delays — Submission of a medical certificate — Duty of care)
Date: 2021-04-15
Institutions: Court of Justice
Subjects: European official, absenteeism, medical report, staff assessment








C_2021217EN.01001301.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/13






Judgment of the Court (Sixth Chamber) of 15 April 2021 — FV v Council of the European Union
(Case C-875/19 P) (1)

(Appeal - Application for annulment - Civil service - Staff report - Assessment criteria - Consistency of output - Delays - Submission of a medical certificate - Duty of care)
(2021/C 217/17)
Language of the case: French

Parties


Appellant: FV (represented by: É. Boigelot, avocat)

Other party to the proceedings: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Operative part of the judgment

The Court:






1.



Dismisses the appeal;











2.



Orders FV to bear his own costs and to pay those incurred by the Council of the European Union.







(1)  OJ C 77, 9.3.2020.
Case C-729/19: Judgment of the Court (Third Chamber) of 15 April 2021 (request for a preliminary ruling from the Court of Appeal in Northern Ireland — United Kingdom) — TKF v Department of Justice for Northern Ireland (Reference for a preliminary ruling — Judicial cooperation in civil matters — Recognition and enforcement of decisions in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Temporal scope — Article 75 — Decisions given by a court of a Member State prior to accession to the European Union)
Date: 2021-04-15
Institutions: Court of Justice
Subjects: Poland, accession to the European Union, judicial cooperation in civil matters in the EU, maintenance obligation, private international law, ruling








C_2021217EN.01000901.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/9






Judgment of the Court (Third Chamber) of 15 April 2021 (request for a preliminary ruling from the Court of Appeal in Northern Ireland — United Kingdom) — TKF v Department of Justice for Northern Ireland
(Case C-729/19) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Recognition and enforcement of decisions in matters relating to maintenance obligations - Regulation (EC) No 4/2009 - Temporal scope - Article 75 - Decisions given by a court of a Member State prior to accession to the European Union)
(2021/C 217/11)
Language of the case: English

Referring court

Court of Appeal in Northern Ireland

Parties to the main proceedings


Applicant: TKF

Respondent: Department of Justice for Northern Ireland

Operative part of the judgment







1.


Article 75(2)(a) of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations must be interpreted as applying only to decisions given by national courts in States which were already members of the European Union on the date of adoption of those decisions.










2.


Regulation No 4/2009 must be interpreted as meaning that no provision of that regulation enables decisions in matters relating to maintenance obligations, given in a State before its accession to the European Union and before the date of application of that regulation, to be recognised and enforced, after that State’s accession to the European Union, in another Member State.






(1)  OJ C 423, 16.12.2019.
Case C-511/19: Judgment of the Court (Third Chamber) of 15 April 2021 (request for a preliminary ruling from the Areios Pagos — Greece) — AB v Olympiako Athlitiko Kentro Athinon — Spyros Louis (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Principle of equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — Workers placed under a labour reserve system until termination of their contract of employment — Wage reduction and reduction or loss of severance pay — System applicable to public-sector workers close to full-time retirement — Reduction of public-sector wage costs — Article 6(1) — Legitimate social policy objective — Economic crisis)
Date: 2021-04-15
Institutions: Court of Justice
Subjects: age discrimination, labour law, pay policy, pension scheme, public administration, public sector, retirement conditions, severance pay








C_2021217EN.01000601.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/6






Judgment of the Court (Third Chamber) of 15 April 2021 (request for a preliminary ruling from the Areios Pagos — Greece) — AB v Olympiako Athlitiko Kentro Athinon — Spyros Louis
(Case C-511/19) (1)

(Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Principle of equal treatment in employment and occupation - Prohibition of discrimination on grounds of age - Workers placed under a labour reserve system until termination of their contract of employment - Wage reduction and reduction or loss of severance pay - System applicable to public-sector workers close to full-time retirement - Reduction of public-sector wage costs - Article 6(1) - Legitimate social policy objective - Economic crisis)
(2021/C 217/07)
Language of the case: Greek

Referring court

Areios Pagos

Parties to the main proceedings


Applicant: AB

Defendant: Olympiako Athlitiko Kentro Athinon — Spyros Louis

Operative part of the judgment

Article 2 and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding national legislation under which public-sector workers who, during a given period, fulfil the conditions for drawing a full pension are placed under a labour reserve system until the termination of their contract of employment, which entails a reduction in their pay, the loss of their possible advancement and the partial or even total cancellation of the severance pay to which they would have been entitled on termination of their employment relationship, where that legislation pursues a legitimate employment-policy objective and the means to achieve that objective are appropriate and necessary.


(1)  OJ C 319, 23.9.2019.
Corrigendum to Council Regulation (EU) No 509/2012 of 15 June 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (Official Journal of the European Union L 156 of 16 June 2012)
Date: 2021-04-15
Institutions: Council of the European Union
Subjects: Syria, dual-use good, international sanctions, luxury products industry, technology transfer, trade restriction








L_2021129EN.01016101.xml










15.4.2021   


EN


Official Journal of the European Union


L 129/161







Corrigendum to Council Regulation (EU) No 509/2012 of 15 June 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

(
Official Journal of the European Union L 156 of 16 June 2012
)


On page 31, in Table IX.A1. Materials, chemicals, ‘micro-organisms’ and ‘toxins’, No IX.A1.003:
for:


                  ‘Dichloromethane, (CAS 75-09-3)’,

read:


                  ‘Dichloromethane, (CAS 75-09-2)’.
EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations 2021/C 132/05
Date: 2021-04-15
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2021132EN.01000501.xml










15.4.2021   


EN


Official Journal of the European Union


C 132/5






EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(2021/C 132/05)






Member State


Norway




Concerned routes


Florø–Oslo v.v.
Ørsta-Volda–Oslo v.v.
Stokmarknes–Bodø v.v.
Stokmarknes–Tromsø v.v.




Period of validity of the contract


Florø–Oslo and Ørsta-Volda–Oslo:
1 October/November 2021 – 31 March 2024
Stokmarknes–Bodø and Stokmarknes–Tromsø:
1 October/November 2021 – 31 March 2022




Deadline for submission of tenders


15 June 2021 (tentative date)




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the modified public service obligations can be obtained







Ministry of Transport




PO Box 8010 Dep




0030 OSLO




NORWAY




Tel. +47 22248353




postmottak@sd.dep.no
https://www.regjeringen.no/en/find-document/id2000006/?documenttype=dokumenter/anbud