do-me/EUR-LEX huggingface dataset:
Case C-514/20: Judgment of the Court (Seventh Chamber) of 13 January 2022 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — DS v Koch Personaldienstleistungen GmbH (Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Article 31(2) — Directive 2003/88/EC — Organisation of working time — Article 7 — Annual leave — Working time — Overtime — Calculation of working time on a monthly basis — No overtime pay when taking annual leave)
Date: 2022-01-13
Institutions: Court of Justice
Subjects: collective agreement, overtime, paid leave, remuneration of work, social policy, wage determination








C_2022109EN.01001101.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/11






Judgment of the Court (Seventh Chamber) of 13 January 2022 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — DS v Koch Personaldienstleistungen GmbH
(Case C-514/20) (1)

(Reference for a preliminary ruling - Social policy - Charter of Fundamental Rights of the European Union - Article 31(2) - Directive 2003/88/EC - Organisation of working time - Article 7 - Annual leave - Working time - Overtime - Calculation of working time on a monthly basis - No overtime pay when taking annual leave)
(2022/C 109/15)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: DS

Defendant: Koch Personaldienstleistungen GmbH

Operative part of the judgment

Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding a provision in a collective labour agreement under which, in order to determine whether the threshold of hours worked granting entitlement to overtime pay is reached, the hours corresponding to the period of paid annual leave taken by the worker are not to be taken into account as hours worked.


(1)  OJ C 19, 18.1.2021.
Case C-513/20: Judgment of the Court (Seventh Chamber) of 13 January 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Autoridade Tributária e Aduaneira v Termas Sulfurosas de Alcafache SA (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(b) — Exemptions for certain activities in the public interest — Exemption of hospital and medical care — Closely related activities — Thermal treatment — Amount charged for compiling an individual file including the user’s clinical history)
Date: 2022-01-13
Institutions: Court of Justice
Subjects: VAT, health care, medical centre, medical data, provision of services, tax exemption, therapeutics








C_2022109EN.01001001.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/10






Judgment of the Court (Seventh Chamber) of 13 January 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Autoridade Tributária e Aduaneira v Termas Sulfurosas de Alcafache SA
(Case C-513/20) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 132(1)(b) - Exemptions for certain activities in the public interest - Exemption of hospital and medical care - Closely related activities - Thermal treatment - Amount charged for compiling an individual file including the user’s clinical history)
(2022/C 109/14)
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Appellant: Autoridade Tributária e Aduaneira

Respondent: Termas Sulfurosas de Alcafache SA

Operative part of the judgment

Article 132(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that an activity consisting in compiling an individual file, including the user’s clinical record, which entitles the user to purchase ‘traditional thermal cure’ medical care within a spa establishment, is liable to come within the exemption from value added tax provided for in that provision as an activity closely related to medical care, where those files set out data relating to the user’s state of health, planned and prescribed medical care as well as the manner in which that care is to be administered which must be consulted for the provision of care and to achieve the therapeutic objectives pursued. That medical care and activities closely related to it must also be undertaken, under social conditions comparable with those applicable to bodies governed by public law, by a centre for medical treatment or diagnosis or by another duly recognised establishment of a similar nature within the meaning of Article 132(1)(b).


(1)  OJ C 19, 18.1.2021.
Case C-326/20: Judgment of the Court (Third Chamber) of 13 January 2022 (request for a preliminary ruling from the Administratīvā apgabaltiesa — Latvia) — ‘MONO’ SIA v Valsts ieņēmumu dienests (Reference for a preliminary ruling — Excise duties — Directive 2008/118/EC — Exemption from the harmonised excise duty — Goods intended for use in the context of diplomatic or consular relations — Conditions for the application of the exemption laid down by the host Member State — Payment by means other than cash)
Date: 2022-01-13
Institutions: Court of Justice
Subjects: diplomatic relations, electronic money, excise duty, goods and services, payment, purchase price, tax exemption








C_2022109EN.01000701.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/7






Judgment of the Court (Third Chamber) of 13 January 2022 (request for a preliminary ruling from the Administratīvā apgabaltiesa — Latvia) — ‘MONO’ SIA v Valsts ieņēmumu dienests
(Case C-326/20) (1)

(Reference for a preliminary ruling - Excise duties - Directive 2008/118/EC - Exemption from the harmonised excise duty - Goods intended for use in the context of diplomatic or consular relations - Conditions for the application of the exemption laid down by the host Member State - Payment by means other than cash)
(2022/C 109/09)
Language of the case: Latvian

Referring court

Administratīvā apgabaltiesa

Parties to the main proceedings


Applicant:‘MONO’ SIA

Defendant: Valsts ieņēmumu dienests

Operative part of the judgment

Article 12 of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC must be interpreted as precluding the host Member State, where it lays down conditions and limits for the application of the exemption from excise duty on goods used in the context of diplomatic and consular relations, from making the application of that exemption subject to the condition that the purchase price of those goods be paid by means of payment other than cash.


(1)  OJ C 329, 5.10.2020.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 12 January 2022 2022/C 17/01
Date: 2022-01-13
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022017EN.01000101.xml










13.1.2022   


EN


Official Journal of the European Union


C 17/1






Euro exchange rates (1)

12 January 2022
(2022/C 17/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1370 




JPY


Japanese yen


131,19 




DKK


Danish krone


7,4414 




GBP


Pound sterling


0,83338 




SEK


Swedish krona


10,2640 




CHF


Swiss franc


1,0486 




ISK


Iceland króna


147,00 




NOK


Norwegian krone


9,9270 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,423 




HUF


Hungarian forint


355,98 




PLN


Polish zloty


4,5359 




RON


Romanian leu


4,9453 




TRY


Turkish lira


15,5922 




AUD


Australian dollar


1,5762 




CAD


Canadian dollar


1,4261 




HKD


Hong Kong dollar


8,8630 




NZD


New Zealand dollar


1,6775 




SGD


Singapore dollar


1,5358 




KRW


South Korean won


1 353,27 




ZAR


South African rand


17,5645 




CNY


Chinese yuan renminbi


7,2379 




HRK


Croatian kuna


7,5240 




IDR


Indonesian rupiah


16 295,93 




MYR


Malaysian ringgit


4,7595 




PHP


Philippine peso


58,080 




RUB


Russian rouble


84,7559 




THB


Thai baht


37,936 




BRL


Brazilian real


6,3458 




MXN


Mexican peso


23,1852 




INR


Indian rupee


84,0285 






(1)  Source: reference exchange rate published by the ECB.
Notice of the impending expiry of certain anti-dumping measures 2022/C 16/05
Date: 2022-01-13
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, chemical salt, import (EU), originating product








C_2022016EN.01000601.xml










13.1.2022   


EN


Official Journal of the European Union


C 16/6






Notice of the impending expiry of certain anti-dumping measures
(2022/C 16/05)








1.


As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.




2.   Procedure

Union producers may submit a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit G-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.








4.


This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Barium carbonate


The People’s Republic of China


Anti-dumping duty


Commission Implementing Regulation (EU) 2017/1759 of 27 September 2017 imposing a definitive anti-dumping duty on imports of barium carbonate originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
(OJ L 250, 28.9.2017, p. 34)


29.9.2022










(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight (00:00) of the day mentioned in this column.
State aid – Decision to raise no objections 2022/C 16/04
Date: 2022-01-13
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, crew, maritime transport, social-security contribution, tax rebate, transport company








C_2022016EN.01000501.xml










13.1.2022   


EN


Official Journal of the European Union


C 16/5






State aid – Decision to raise no objections
(2022/C 16/04)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


21 September 2021




Case No


87369




Decision No


218/21/COL




EFTA State


Norway




Title


Temporary amendments to the tax refund scheme for employing seafarers




Legal basis


The Act on subsidies for the employment of workers at sea and the Regulation on subsidies for the employment of workers at sea




Type of measure


Scheme




Objective


To reduce the costs for shipping companies employing Norwegian and EEA seafarers




Form of aid


Tax and social security refunds




Budget


Increase of NOK 90 million




Duration


1 July 2021 – 31 August 2021




Economic sectors


Maritime transport




Name and address of the granting authority







Norwegian Maritime Authority




P.O. Box 2222




N-5509 Haugesund




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s Internet: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Case C-327/20: Judgment of the Court (Ninth Chamber) of 13 January 2022 (request for a preliminary ruling from the Sąd Okręgowy w Opolu — Poland) — Skarb Państwa — Starosta Nyski v New Media Development & Hotel Services Sp. z o.o. (Reference for a preliminary ruling — Directive 2011/7/EU — Combating late payment in commercial transactions — Scope — Concept of ‘commercial transactions’ — Public authority acting as a creditor of an undertaking — Excluded — Handing over by a public authority of an immovable property in perpetual usufruct to an undertaking against payment of an annual fee)
Date: 2022-01-13
Institutions: Court of Justice
Subjects: claim, commercial transaction, deadline for payment, debt, public authorities, real property, usufruct








C_2022109EN.01000801.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/8






Judgment of the Court (Ninth Chamber) of 13 January 2022 (request for a preliminary ruling from the Sąd Okręgowy w Opolu — Poland) — Skarb Państwa — Starosta Nyski v New Media Development & Hotel Services Sp. z o.o.
(Case C-327/20) (1)

(Reference for a preliminary ruling - Directive 2011/7/EU - Combating late payment in commercial transactions - Scope - Concept of ‘commercial transactions’ - Public authority acting as a creditor of an undertaking - Excluded - Handing over by a public authority of an immovable property in perpetual usufruct to an undertaking against payment of an annual fee)
(2022/C 109/10)
Language of the case: Polish

Referring court

Sąd Okręgowy w Opolu

Parties to the main proceedings


Applicant: Skarb Państwa — Starosta Nyski

Defendant: New Media Development & Hotel Services Sp. z o.o.

Operative part of the judgment

The concept of ‘commercial transaction’ within the meaning of Article 2(1) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions must be interpreted as meaning that it does not cover the collection, by a public authority, of a payment due as remuneration for the perpetual usufruct of a plot of land from an undertaking of which that public authority is the creditor.


(1)  OJ C 28, 25.1.2021.
Commission Implementing Regulation (EU) 2022/77 of 13 January 2022 entering a name in the register of protected designations of origin and protected geographical indications (‘Увс чацаргана/Uvs chatsargana’ (PGI))
Date: 2022-01-13
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Mongolia, designation of origin, fruit, labelling, product designation








L_2022013EN.01000401.xml










20.1.2022   


EN


Official Journal of the European Union


L 13/4








            COMMISSION IMPLEMENTING REGULATION (EU) 2022/77
of 13 January 2022
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Увс чацаргана/Uvs chatsargana’ (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Mongolia’s application to register the name ‘Увс чацаргана/Uvs chatsargana’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Увс чацаргана/Uvs chatsargana’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Увс чацаргана/Uvs chatsargana’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.6. – Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 13 January 2022.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 398, 1.10.2021, p. 36.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
State aid – Decision to raise no objections 2022/C 16/03
Date: 2022-01-13
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, company in difficulties, control of State aid, coronavirus disease, epidemic








C_2022016EN.01000401.xml










13.1.2022   


EN


Official Journal of the European Union


C 16/4






State aid – Decision to raise no objections
(2022/C 16/03)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


24 September 2021




Case No


87374




Decision No


223/21/COL




EFTA State


Norway




Title


COVID-19 amendments to the aid scheme for undertakings suffering a substantial loss of turnover




Legal basis


Act on the temporary subsidy scheme for enterprises with a significant reduction in turnover after August 2020




Type of measure


Scheme




Objective


Compensate losses and thereby limit the damage caused by the COVID-19 pandemic




Form of aid


Grants




Budget


Estimated NOK 2 billion




Intensity


70-90 %




Duration


Until 31 October 2021




Economic sectors


All sectors except for companies engaged in petroleum extraction and production, companies engaged in production, transmission, distribution and trade of electric power, financial institutions and companies whose main purpose is investment activities




Name and address of the granting authority







The Brønnøysund Register Centre




Brønnøysundregistrene




Postboks 900




N-8910 Brønnøysund




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s Internet: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Case C-156/20: Judgment of the Court (First Chamber) of 13 January 2022 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Zipvit Ltd v The Commissioners for Her Majesty’s Revenue and Customs (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 168 — Right of deduction — Supply of postal services mistakenly exempted — VAT deemed to be included in the commercial price of the supply for the purpose of exercising the right of deduction — Not included — Concept of VAT ‘due or paid’)
Date: 2022-01-13
Institutions: Court of Justice
Subjects: VAT, postal service, provision of services, tax collection, tax relief








C_2022109EN.01000602.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/6






Judgment of the Court (First Chamber) of 13 January 2022 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Zipvit Ltd v The Commissioners for Her Majesty’s Revenue and Customs
(Case C-156/20) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 168 - Right of deduction - Supply of postal services mistakenly exempted - VAT deemed to be included in the commercial price of the supply for the purpose of exercising the right of deduction - Not included - Concept of VAT ‘due or paid’)
(2022/C 109/08)
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings


Applicant: Zipvit Ltd

Defendant: The Commissioners for Her Majesty’s Revenue and Customs

Operative part of the judgment

Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that value added tax (VAT) cannot be regarded as being due or paid, within the meaning of that provision, and is therefore not deductible by the taxable person, in the case where, first, that person and its supplier have mistakenly assumed, on the basis of an incorrect interpretation of EU law by the national authorities, that the supplies at issue were exempt from VAT and that, consequently, the invoices issued did not refer to it, in a situation where the contract between those two persons provides that, if that tax were due, the recipient of the supply should bear the cost of it, and, second, no step to recover the VAT was taken in good time, with the result that any action by the supplier and the tax and customs administration to recover the unpaid VAT is time-barred.


(1)  OJ C 215, 29.6.2020.