do-me/EUR-LEX huggingface dataset:
Case C-9/21: Order of the President of the Court of 21 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — AX v Deutsche Lufthansa AG
Date: 2021-06-21
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, indemnification, strike, trade union, traveller








C_2021382EN.01002303.xml










20.9.2021   


EN


Official Journal of the European Union


C 382/23






Order of the President of the Court of 21 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — AX v Deutsche Lufthansa AG
(Case C-9/21) (1)

(2021/C 382/31)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 88, 15.03.2021.
Council Decision of 21 June 2021 adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2021 2021/C 247/01
Date: 2021-06-21
Institutions: Council of the European Union
Subjects: amending budget, budgetary equilibrium, budgetary resources, draft budget (EU), financial year, general budget (EU)




C_2021247EN.01000101.xml










25.6.2021   


EN


Official Journal of the European Union


C 247/1






COUNCIL DECISION
of 21 June 2021
adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2021
(2021/C 247/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
Whereas:






—


the Union’s budget for the financial year 2021 was definitively adopted on 18 December 2020 (2);










—


on 15 April 2021, the Commission submitted a proposal containing draft amending budget No 3 to the general budget for the financial year 2021,




HAS DECIDED AS FOLLOWS:

Sole Article
The Council’s position on draft amending budget No 3 of the European Union for the financial year 2021 was adopted on 21 June 2021.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/


Done at Brussels, 21 June 2021.


For the Council


The President

J. BORRELL FONTELLES




(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 93, 17.3.2021, p. 1.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 18 June 2021 2021/C 241/05
Date: 2021-06-21
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021241EN.01001601.xml










21.6.2021   


EN


Official Journal of the European Union


C 241/16






Euro exchange rates (1)

18 June 2021
(2021/C 241/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1898 




JPY


Japanese yen


131,12 




DKK


Danish krone


7,4364 




GBP


Pound sterling


0,85785 




SEK


Swedish krona


10,2330 




CHF


Swiss franc


1,0941 




ISK


Iceland króna


146,40 




NOK


Norwegian krone


10,2868 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,519 




HUF


Hungarian forint


355,41 




PLN


Polish zloty


4,5492 




RON


Romanian leu


4,9249 




TRY


Turkish lira


10,3459 




AUD


Australian dollar


1,5832 




CAD


Canadian dollar


1,4721 




HKD


Hong Kong dollar


9,2379 




NZD


New Zealand dollar


1,7069 




SGD


Singapore dollar


1,5978 




KRW


South Korean won


1 347,13 




ZAR


South African rand


16,8223 




CNY


Chinese yuan renminbi


7,6619 




HRK


Croatian kuna


7,4985 




IDR


Indonesian rupiah


17 174,78 




MYR


Malaysian ringgit


4,9246 




PHP


Philippine peso


57,616 




RUB


Russian rouble


86,0172 




THB


Thai baht


37,419 




BRL


Brazilian real


5,9575 




MXN


Mexican peso


24,3373 




INR


Indian rupee


88,0297 






(1)  Source: reference exchange rate published by the ECB.
Council Decision (CFSP) 2021/1010 of 21 June 2021 amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol
Date: 2021-06-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, economic sanctions, import (EU), import restriction, international sanctions, originating product, territorial dispute








L_2021222EN.01002001.xml










22.6.2021   


EN


Official Journal of the European Union


L 222/20








            COUNCIL DECISION (CFSP) 2021/1010
of 21 June 2021
         
amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol


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 23 June 2014, the Council adopted Decision 2014/386/CFSP (1).












(2)


The Council does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and will remain committed to fully implementing its non-recognition policy.












(3)


On the basis of a review of Decision 2014/386/CFSP, the restrictive measures should be renewed until 23 June 2022.












(4)


Decision 2014/386/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 5 of Decision 2014/386/CFSP, the second paragraph is replaced by the following:


                  ‘This Decision shall apply until 23 June 2022.’.



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 Luxembourg, 21 June 2021.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 70).
Case T-343/21: Action brought on 21 June 2021 — Hewlett Packard Enterprise Development v EUIPO — Aruba (ARUBA)
Date: 2021-06-21
Institutions: General Court
Subjects: EU trade mark, computer equipment, computer system, registered trade mark, software, trade-mark law








C_2021329EN.01003302.xml










16.8.2021   


EN


Official Journal of the European Union


C 329/33






Action brought on 21 June 2021 — Hewlett Packard Enterprise Development v EUIPO — Aruba (ARUBA)
(Case T-343/21)
(2021/C 329/44)
Language of the case: English

Parties


Applicant: Hewlett Packard Enterprise Development LP (Houston, Texas, United States) (represented by: P. Roncaglia and N. Parrotta, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Aruba SpA (Bibbiena, Italy)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark ARUBA — European Union trade mark No 14 421 598

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 March 2021 in Case R 259/2020-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs incurred by the applicant in these proceedings;










—


order Aruba S.p.A. to pay the costs incurred by the applicant in these proceedings.





Plea in law







—


Infringement of Article (8)(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council with respect to the assessment of the similarities between the conflicting signs.
Case C-381/21 P: Appeal brought on 21 June 2021 by Keun Jig Lee against the judgment of the General Court (Sixth Chamber) delivered on 21 April 2021 in Case T-382/20, Lee v EUIPO
Date: 2021-06-21
Institutions: Court of Justice
Subjects: designs and models, tinplate and cutlery industry








C_2022037EN.01000503.xml










24.1.2022   


EN


Official Journal of the European Union


C 37/5






Appeal brought on 21 June 2021 by Keun Jig Lee against the judgment of the General Court (Sixth Chamber) delivered on 21 April 2021 in Case T-382/20, Lee v EUIPO
(Case C-381/21 P)
(2022/C 37/07)
Language of the case: English

Parties


Appellant: Keun Jig Lee (represented by: F. Jacobacci, avvocato, B. La Tella, avvocatessa)

Other party to the proceedings: European Union Intellectual Property Office
By order of 30 November 2021, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Keun Jig Lee should bear his own costs.
Case T-341/21: Action brought on 21 June 2021 — Rauff-Nisthar v Commission
Date: 2021-06-21
Institutions: General Court
Subjects: EPSO, administrator, competition (EU), equal treatment, recruitment, scientific profession, scientific research








C_2021320EN.01004901.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/49






Action brought on 21 June 2021 — Rauff-Nisthar v Commission
(Case T-341/21)
(2021/C 320/55)
Language of the case: French

Parties


Applicant: Nadya Rauff-Nisthar (Pfinztal, Germany) (represented by: N. de Montigny, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of 9 March 2020 and the decision upon review of 19 August 2020 of the European Personnel Selection Office (EPSO) Selection Board in respect of competition EPSO/AD/371/19 (AD 7) — 6 — Scientific Research Administrators not to include the applicant’s name on the reserve list;










—


in so far as necessary, annul the decision of 15 March 2021 rejecting the complaint;










—


request that the applicant’s competition tests and test results, and the results of the next stage, be produced in order to enable a substantive assessment of the results correlating to each irregularity and the significance of the consequences of the stress induced by the irregularities found, pursuant to Article 91 of the Rules of Procedure of the General Court;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging unequal treatment caused by the irregularities that occurred during the tests and influenced the competition results. This plea is divided into four parts.






1.


First part, alleging that technical errors occurred in the organisation of the tests for competition EPSO/AD/371/19 (AD 7) — 6 — Scientific Research Administrators, which were acknowledged by the administration and caused the applicant increased stress during the tests.










2.


Second part, alleging that the administration failed to exercise due care and to take action to correct those errors.










3.


Third part, alleging a failure to take account of the errors when assessing the applicant’s performance and the failure to put in place procedures guaranteeing equality between candidates.










4.


Fourth part, alleging a manifest error of assessment of the applicant’s performance.
Case C-377/21: Request for a preliminary ruling from the Cour du travail de Mons (Belgium) lodged on 21 June 2021 — Ville de Mons, Zone de secours Hainaut — Centre v RM
Date: 2021-06-21
Institutions: Court of Justice
Subjects: fire protection, full-time employment, part-time employment, pay, seniority, voluntary work








C_2021391EN.01000702.xml










27.9.2021   


EN


Official Journal of the European Union


C 391/7






Request for a preliminary ruling from the Cour du travail de Mons (Belgium) lodged on 21 June 2021 — Ville de Mons, Zone de secours Hainaut — Centre v RM
(Case C-377/21)
(2021/C 391/11)
Language of the case: French

Referring court

Cour du travail de Mons

Parties to the main proceedings


Appellants, defendants in the original proceedings: Ville de Mons, Zone de secours Hainaut — Centre

Respondent, applicant in the original proceedings: RM

Question referred

Is Clause 4 of the Framework Agreement implemented by Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (1) to be interpreted as not precluding national legislation which, for the calculation of the salary of professional firefighters employed on a full-time basis, accredits, in respect of the length of service for financial purposes, the services provided on a part-time basis as a volunteer firefighter according to the volume of work, that is to say the duration of the services actually provided, in line with the principle of ‘pro rata temporis’, and not according to the period over which the services were provided?


(1)  OJ 1998 L 14, p. 9.
Council Decision of 21 June 2021 appointing one member of the Advisory Committee on Freedom of Movement for Workers for Portugal 2021/C 244 I/01
Date: 2021-06-21
Institutions: Council of the European Union
Subjects: Portugal, advisory committee (EU), appointment of members, free movement of workers




CI2021244EN.01000101.xml










22.6.2021   


EN


Official Journal of the European Union


CI 244/1






COUNCIL DECISION
of 21 June 2021
appointing one member of the Advisory Committee on Freedom of Movement for Workers for Portugal
(2021/C 244 I/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Articles 23 and 24 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decisions of 21 September 2020 (2), 11 December 2020 (3)
, (4) and 13 April 2021 (5), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2020 to 24 September 2022.










(2)


The government of Portugal has submitted one nomination for a post to be filled,




HAS ADOPTED THIS DECISION:

Article 1
The following is hereby appointed as member of the Advisory Committee on Freedom of Movement for Workers for the period ending on 24 September 2022:






I.


GOVERNMENT REPRESENTATIVES







Country


Members


Alternate members




Portugal


Ms Ana Margarida SILVA


 










Article 2
The members and alternate members not yet nominated will be appointed by the Council at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Luxembourg, 21 June 2021.


For the Council


The President

J. BORRELL FONTELLES




(1)  OJ L 141, 27.5.2011, p. 1.

(2)  Council Decision of 21 September 2020 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers (OJ C 315I, 23.9.2020, p. 5).

(3)  Council Decision of 11 December 2020 appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Cyprus (OJ C 432I, 14.12.2020, p. 1).

(4)  Council Decision of 11 December 2020 appointing one member and one alternate member of the Advisory Committee on Freedom of Movement for Workers for Ireland and Malta (OJ C 432I, 14.12.2020, p. 3).

(5)  Council Decision of 13 April 2021 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy (OJ C 149I, 27.4.2021, p. 1).
Case C-378/21: Request for a preliminary ruling from the Bundesfinanzgericht (Austria) lodged on 21 June 2021 — P GmbH
Date: 2021-06-21
Institutions: Court of Justice
Subjects: VAT, consumer, invoicing, provision of services, tax collection, tax relief








C_2021349EN.01002202.xml










30.8.2021   


EN


Official Journal of the European Union


C 349/22






Request for a preliminary ruling from the Bundesfinanzgericht (Austria) lodged on 21 June 2021 — P GmbH
(Case C-378/21)
(2021/C 349/28)
Language of the case: German

Referring court

Bundesfinanzgericht

Parties to the main proceedings


Applicant: P GmbH

Defendant: Finanzamt Austria

Questions referred







1.


Is VAT payable by the issuer of the invoice under Article 203 of the VAT Directive (1) if, as in the present case, there may be no risk of loss of tax revenue, because the recipients of the services are final consumers who are not entitled to the right of deduction?










2.


If the first question is answered in the affirmative and VAT is payable by the issuer of an invoice under Article 203 of the VAT Directive:






a.


Can the correction of invoices in respect of the recipients of services be precluded if, on the one hand, a risk of loss of tax revenue is excluded and, on the other, the correction of invoices is effectively impossible?










b.


Does the fact that final consumers have borne the tax as part of the consideration, thereby enriching the taxable person by correcting the VAT, preclude the correction of the VAT?










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