do-me/EUR-LEX huggingface dataset:
Case C-920/19: Order of the Court (Seventh Chamber) of 18 May 2021 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Fluctus s.r.o., Fluentum s.r.o., KI v Landespolizeidirektion Steiermark (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Article 56 TFEU — Freedom to provide services — Restrictions — Gambling — Dual system of organisation of the market — Monopoly on lottery products and casino games — Prior authorisation for the use of automatic gaming machines — Advertising practices of the monopolist — Criteria for assessment — Constitutional case-law finding the national legislation to be compatible with EU law)
Date: 2021-05-18
Institutions: Court of Justice
Subjects: State monopoly, advertising malpractice, freedom to provide services, game of chance, gaming establishment, impact of advertising, primacy of EU law, provision of services, service, service concession








C_2021320EN.01000902.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/9






Order of the Court (Seventh Chamber) of 18 May 2021 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Fluctus s.r.o., Fluentum s.r.o., KI v Landespolizeidirektion Steiermark
(Case C-920/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Article 56 TFEU - Freedom to provide services - Restrictions - Gambling - Dual system of organisation of the market - Monopoly on lottery products and casino games - Prior authorisation for the use of automatic gaming machines - Advertising practices of the monopolist - Criteria for assessment - Constitutional case-law finding the national legislation to be compatible with EU law)
(2021/C 320/10)
Language of the case: German

Referring court

Landesverwaltungsgericht Steiermark

Parties to the main proceedings


Appellants: Fluctus s.r.o., Fluentum s.r.o., KI

Respondent: Landespolizeidirektion Steiermark

Other party: Finanzpolizei Team 96

Operative part of the order







1.


Article 56 TFEU must be interpreted as not precluding a dual system of organisation of the market for games of chance on the sole ground that the advertising practices of the holder of the monopoly on lottery products and casino games aim at encouraging active participation in gambling, for example by trivialising gambling, by conferring on it a positive image because revenues derived from it are used for activities in the public interest or by increasing its attractiveness by means of enticing advertising messages holding out the tantalising prospect of major winnings.










2.


The principle of primacy of EU law must be interpreted as requiring a national court of a Member State to disapply a provision of national law which is contrary to Article 56 TFEU, including where a higher court of that Member State has held that that provision was consistent with EU law.






(1)  OJ C 161, 11.5.2020.
Case T-268/21: Action brought on 18 May 2021 — Ryanair v Commission
Date: 2021-05-18
Institutions: General Court
Subjects: Italy, State aid, aid to undertakings, airline, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, right of establishment, transport authorisation








C_2021252EN.01003401.xml










28.6.2021   


EN


Official Journal of the European Union


C 252/34






Action brought on 18 May 2021 — Ryanair v Commission
(Case T-268/21)
(2021/C 252/45)
Language of the case: English

Parties


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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s decision of 22 December 2020 on State Aid SA.59029 — – Italy — COVID-19 — Compensation scheme for airlines with an Italian operating license (1); and










—


order the defendant to pay the costs.





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 defendant violated specific provisions of the TFEU and the general principles of European law that have underpinned the liberalisation of air transport in the EU since the late 1980s (i.e., non-discrimination, the free provision of services — applied to air transport through Regulation 1008/2008 (2) — and free establishment).










2.


Second plea in law, alleging that the defendant misapplied Article 107(2) (b) TFEU and committed manifest errors of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 crisis.










3.


Third plea in law, alleging that the defendant 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 defendant violated its duty to state reasons.






(1)  OJ 2021 C 77, p. 6-7.

(2)  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ 2008 L 293, p. 3–20).
Case T-265/21: Action brought on 18 May 2021 — Sunshine Smile v EUIPO (PlusDental+)
Date: 2021-05-18
Institutions: General Court
Subjects: EU trade mark, consultancy, cosmetics industry, dental medicine, medical device, registered trade mark, trade-mark law








C_2021263EN.01003101.xml










5.7.2021   


EN


Official Journal of the European Union


C 263/31






Action brought on 18 May 2021 — Sunshine Smile v EUIPO (PlusDental+)
(Case T-265/21)
(2021/C 263/41)
Language of the case: German

Parties


Applicant: Sunshine Smile GmbH (Berlin, Germany) (represented by: D. Kirschner, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for EU figurative mark PlusDental+ in blue and red colours –Registration No 18 126 826

Contested decision: Decision of the Second Board of Appeal of EUIPO of 18 March 2021 in Case R 1834/2020-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the publication of the application for registration of the EU mark No 18 126 826;










—


order EUIPO to pay the costs.





Pleas in law







—


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










—


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










—


Infringement of the right to be heard pursuant to Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (11645/2020 — C9-0392/2020 — 2019/0126(NLE))
Date: 2021-05-18
Institutions: Committee on Employment and Social Affairs, Committee on Transport and Tourism, European Parliament
Subjects: Iceland, Norway, United States, agreement (EU), aircraft, crew, hiring, ratification of an agreement








C_2022015EN.01023701.xml










12.1.2022   


EN


Official Journal of the European Union


C 15/237






P9_TA(2021)0225
Agreement EU/USA/Iceland/Norway: Time Limitations on Arrangements for the Provision of Aircraft with Crew ***
European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (11645/2020 — C9-0392/2020 — 2019/0126(NLE))
(Consent)
(2022/C 15/32)

The European Parliament,






—


having regard to the draft Council decision (11645/2020),










—


having regard to the draft Agreement with Respect to Time Limitations on Arrangements for the Provision of Aircraft with Crew between the European Union, the United States of America, Iceland, and the Kingdom of Norway (10584/19),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C9-0392/2020),










—


having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A9-0125/2021),












1.


Gives its consent to the conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the United States of America, Iceland, and the Kingdom of Norway.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 17 May 2021 2021/C 190/03
Date: 2021-05-18
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021190EN.01000301.xml










18.5.2021   


EN


Official Journal of the European Union


C 190/3






Euro exchange rates (1)

17 May 2021
(2021/C 190/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2143 




JPY


Japanese yen


132,60 




DKK


Danish krone


7,4363 




GBP


Pound sterling


0,86215 




SEK


Swedish krona


10,1552 




CHF


Swiss franc


1,0950 




ISK


Iceland króna


151,10 




NOK


Norwegian krone


10,0665 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,498 




HUF


Hungarian forint


352,90 




PLN


Polish zloty


4,5428 




RON


Romanian leu


4,9259 




TRY


Turkish lira


10,1660 




AUD


Australian dollar


1,5683 




CAD


Canadian dollar


1,4720 




HKD


Hong Kong dollar


9,4318 




NZD


New Zealand dollar


1,6879 




SGD


Singapore dollar


1,6230 




KRW


South Korean won


1 382,18 




ZAR


South African rand


17,2064 




CNY


Chinese yuan renminbi


7,8226 




HRK


Croatian kuna


7,5164 




IDR


Indonesian rupiah


17 422,72 




MYR


Malaysian ringgit


5,0160 




PHP


Philippine peso


58,201 




RUB


Russian rouble


89,9493 




THB


Thai baht


38,214 




BRL


Brazilian real


6,4365 




MXN


Mexican peso


24,1677 




INR


Indian rupee


89,0282 






(1)  Source: reference exchange rate published by the ECB.
European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion on behalf of the Union and its Member States of the Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06048/2020 — C9-0383/2020 — 2020/0024(NLE))
Date: 2021-05-18
Institutions: Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Central America, Croatia, accession to the European Union, association agreement (EU), multilateral agreement, protocol to an agreement, ratification of an agreement








C_2022015EN.01023601.xml










12.1.2022   


EN


Official Journal of the European Union


C 15/236






P9_TA(2021)0224
Protocol to the EU/Central America Association Agreement (accession of Croatia) ***
European Parliament legislative resolution of 18 May 2021 on the draft Council decision on the conclusion on behalf of the Union and its Member States of the Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06048/2020 — C9-0383/2020 — 2020/0024(NLE))
(Consent)
(2022/C 15/31)

The European Parliament,






—


having regard to the draft Council decision (06048/2020),










—


having regard to the draft Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union (06049/2020),










—


having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C9-0383/2020),










—


having regard to Rule 105(1) and (4) and Rule 114(7) of its Rules of Procedure,










—


having regard to the opinion of the Committee on International Trade,










—


having regard to the recommendation of the Committee on Foreign Affairs (A9-0148/2021),












1.


Gives its consent to the conclusion of the Protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Central America.
European Parliament legislative resolution of 18 May 2021 on the proposal for a Council directive amending Directive 2006/112/EC as regards exemptions on importations and on certain supplies, in respect of Union measures in the public interest (COM(2021)0181 — C9-0132/2021 — 2021/0097(CNS))
Date: 2021-05-18
Institutions: Committee on Economic and Monetary Affairs, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: VAT, coronavirus disease, crisis management, epidemic, goods and services, import (EU), provision of services, public health, tax exemption, tax relief








C_2022015EN.01023901.xml










12.1.2022   


EN


Official Journal of the European Union


C 15/239






P9_TA(2021)0228
Common system of value added tax: exemptions on importations and on certain supplies, in respect of Union measures in the public interest*
European Parliament legislative resolution of 18 May 2021 on the proposal for a Council directive amending Directive 2006/112/EC as regards exemptions on importations and on certain supplies, in respect of Union measures in the public interest (COM(2021)0181 — C9-0132/2021 — 2021/0097(CNS))
(Special legislative procedure — consultation)
(2022/C 15/34)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2021)0181),










—


having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0132/2021),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0155/2021),












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 T-295/21: Action brought on 18 May 2021 — eSlovensko v Commission
Date: 2021-05-18
Institutions: General Court
Subjects: EU control, Internet, audit, debt, information security, principle of legal certainty, principle of proportionality, right to justice, rights of the defence, rule of law








C_2021320EN.01003901.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/39






Action brought on 18 May 2021 — eSlovensko v Commission
(Case T-295/21)
(2021/C 320/45)
Language of the case: English

Parties


Applicant: eSlovensko (Lučenec, Slovakia) (represented by: B. Fridrich, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Commission, concretely, the individual legal act ‘Recovery Order and Debit Note’ issued by the European Commission, DG for Communications Networks, Content and Technology, Ref. ARES(2021)1955613, on 18 March 2021;










—


return the financial applications to the European Commission audit process and claim the relevant costs admissible according to the grant agreement ‘Slovak Safer Internet’, No. SI-2010-SIC-1231002;










—


order the Commission to pay the costs and expenses of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging the annulment of the defendant’s decision and recovery order Ref. ARES(2021)1955613 due to infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application, or misuse of powers, particularly improper legal evaluation of facts and findings (breach of right of defence, breach of right to good administration, breach of principle of proportionality, principle of legal certainty, rule of law, principle of legal expectations and non-retroactivity, improper legal evaluation of facts and findings of the Audit 12-INFS-024 and follow-up Audit 15-NR01-044).










2.


Second plea in law, alleging that the defendant be ordered to proceed to pay the eligible costs to the applicant as the original beneficiary and the contractual party to the grant agreement No. SI-2010-SIC-123002 — ‘Slovak Safer Internet’, in accordance with the valid and effective grant agreement, based on the fact that the defendant has the competence to deal with issues of project implementation and financial transfers in relation to the valid and effective contract between the defendant and the applicant.










3.


Third plea in law, alleging that the defendant be ordered to reimburse the costs and expenses of the proceedings. In accordance with the above-mentioned arguments and arbitrary character of the contested decision, the applicant seeks reimbursement of the costs and expenses connected with the proceedings before the General Court of the European Union as well as the costs and expenses spent for the legal assistance in relation to this claim.
European Parliament decision of 18 May 2021 on the proposal for the appointment of the Executive Director of the European Securities and Markets Authority (N9-0005/2021 — C9-0114/2021 — 2021/0900(NLE))
Date: 2021-05-18
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: European Securities and Markets Authority, administrator, appointment of members, managing director








C_2022015EN.01022901.xml










12.1.2022   


EN


Official Journal of the European Union


C 15/229






P9_TA(2021)0217
Appointment of the Executive Director of the European Securities and Markets Authority — Candidate: Natasha Cazenave
European Parliament decision of 18 May 2021 on the proposal for the appointment of the Executive Director of the European Securities and Markets Authority (N9-0005/2021 — C9-0114/2021 — 2021/0900(NLE))
(Approval)
(2022/C 15/25)

The European Parliament,






—


having regard to the proposal of the Board of Supervisors of the European Securities and Markets Authority of 12 March 2021 (C9-0114/2021),










—


having regard to Article 51(2) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (1),










—


having regard to its resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (2),










—


having regard to its resolution of 16 January 2020 on institutions and bodies of the Economic and Monetary Union: preventing post-public employment conflicts of interest (3),










—


having regard to Rule 131 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0137/2021),










A.


whereas the term of office of the current Executive Director of the European Securities and Markets Authority ends on 29 May 2021;










B.


whereas, on 12 March 2021, the Board of Supervisors of the European Securities and Markets Authority, following an open selection procedure, proposed to appoint Natasha Cazenave as Executive Director for a term of office of five years, in accordance with Article 51(2) and (3) of Regulation (EU) No 1095/2010;










C.


whereas, on 22 April 2021, the Committee on Economic and Monetary Affairs held a hearing with Natasha Cazenave, at which she made an opening statement and then responded to questions from the members of the Committee;












1.


Approves the appointment of Natasha Cazenave as Executive Director of the European Securities and Markets Authority;












2.


Instructs its President to forward this decision to the Council, the Commission, the European Securities and Markets Authority and the governments of the Member States.






(1)  OJ L 331, 15.12.2010, p. 84.

(2)  OJ C 23, 21.1.2021, p. 105.

(3)  Texts adopted, P9_TA(2020)0017.
Case C-248/20: Order of the Court (Eighth Chamber) of 18 May 2021 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Skatteverket v Skellefteå Industrihus AB (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Deduction of the input tax paid during the stage of construction of a building — Optional tax liability scheme — Abandonment of the initially planned activity — Adjustment of the deduction of the input tax paid — Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law)
Date: 2021-05-18
Institutions: Court of Justice
Subjects: VAT, building industry, property leasing, tax relief








C_2021320EN.01001101.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/11






Order of the Court (Eighth Chamber) of 18 May 2021 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Skatteverket v Skellefteå Industrihus AB
(Case C-248/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Taxation - Common system of value added tax (VAT) - Directive 2006/112/EC - Deduction of the input tax paid during the stage of construction of a building - Optional tax liability scheme - Abandonment of the initially planned activity - Adjustment of the deduction of the input tax paid - Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law)
(2021/C 320/12)
Language of the case: Swedish

Referring court

Högsta förvaltningsdomstolen

Parties to the main proceedings


Applicant: Skatteverket

Defendant: Skellefteå Industrihus AB

Operative part of the order

Articles 137, 168, 184 to 187, 189 and 192 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national legislation which requires a property owner who was granted the right to benefit from the optional tax liability scheme during the construction of a building that he or she intended to let out, and who deducted the input value added tax (VAT) charged on the purchases relating to that building project, to repay immediately all that VAT, plus any applicable interest, on the ground that the planned project that gave rise to the right of deduction did not result in any taxed activity, but as not precluding national legislation which, in such a situation, establishes an obligation to adjust the input VAT paid.


(1)  OJ C 279, 24.8.2020.