do-me/EUR-LEX huggingface dataset:
Case C-409/20: Judgment of the Court (Third Chamber) of 3 March 2022 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo no 1 de Pontevedra — Spain) — UN v Subdelegación del Gobierno en Pontevedra (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Article 6(1) and Article 8(1) — National legislation providing for the imposition, in the event of illegal stay, of a fine together with an obligation to leave the territory — Possibility of regularising the stay within a prescribed period — Article 7(1) and (2) — Period for voluntary departure)
Date: 2022-03-03
Institutions: Court of Justice
Subjects: area of freedom, security and justice, fine, foreign national, illegal migration, removal, residence permit, return migration








C_2022171EN.01001001.xml










25.4.2022   


EN


Official Journal of the European Union


C 171/10






Judgment of the Court (Third Chamber) of 3 March 2022 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo no 1 de Pontevedra — Spain) — UN v Subdelegación del Gobierno en Pontevedra
(Case C-409/20) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - Article 6(1) and Article 8(1) - National legislation providing for the imposition, in the event of illegal stay, of a fine together with an obligation to leave the territory - Possibility of regularising the stay within a prescribed period - Article 7(1) and (2) - Period for voluntary departure)
(2022/C 171/12)
Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo no 1 de Pontevedra

Parties to the main proceedings


Applicant: UN

Defendant: Subdelegación del Gobierno en Pontevedra

Operative part of the judgment

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, in particular Article 6(1) and Article 8(1) of that directive, read in conjunction with Article 6(4), and Article 7(1) and (2) of that directive, must be interpreted as not precluding legislation of a Member State which penalises a third-country national staying illegally in the territory of that Member State, in the absence of aggravating circumstances, initially by a fine together with an obligation to leave the territory of that Member State within a prescribed period unless, before the expiry of that period, that third-country national’s stay is regularised and, subsequently, if that third-country national’s stay is not regularised, by a decision ordering his or her compulsory removal, provided that that period is set in accordance with the requirements laid down in Article 7(1) and (2) of that directive.


(1)  OJ C 53, 15.2.2021.
Case C-155/22: Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich (Austria) lodged on 3 March 2022 — RE v Bezirkshauptmannschaft Lilienfeld
Date: 2022-03-03
Institutions: Court of Justice
Subjects: access to a profession, criminal liability, driving period, infringement of EU law, liability, rest period, road safety, road transport, transport company








C_2022222EN.01001202.xml










7.6.2022   


EN


Official Journal of the European Union


C 222/12






Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich (Austria) lodged on 3 March 2022 — RE v Bezirkshauptmannschaft Lilienfeld
(Case C-155/22)
(2022/C 222/21)
Language of the case: German

Referring court

Landesverwaltungsgericht Niederösterreich

Parties to the main proceedings


Appellant: RE

Respondent authority: Bezirkshauptmannschaft Lilienfeld

Other party to the proceedings: Arbeitsinspektorat NÖ Wald- und Mostviertel

Question referred

Is EU law to be interpreted as being compatible with a national provision that allows persons who are criminally liable for a transport undertaking to transfer their liability for very serious infringements of Community provisions on driving time and rest periods for drivers to a natural person by mutually acceptable agreement, if such transfer precludes the assessment of good repute within the meaning of Regulation (EC) No 1071/2009, (1) which is provided for under national law only when a punishment is being imposed on the persons transferring criminal liability?


(1)  Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ 2009 L 300, p. 51).
Commission information notice 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 (Text with EEA relevance) 2022/C 103/07
Date: 2022-03-03
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Latium, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022103EN.01001001.xml










3.3.2022   


EN


Official Journal of the European Union


C 103/10






Commission information notice 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
(Text with EEA relevance)
(2022/C 103/07)






Member State


Italy




Route concerned


Olbia-Rome Fiumicino and vice-versa




Period of validity of the contract


A period of two years starting on 1 October 2022




Deadline for submission of tenders


62 days after the date of publication of this notice




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained


For further information:





Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, n. 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it
trasp.osp@regione.sardegna.it.
Case C-590/20: Judgment of the Court (Eighth Chamber) of 3 March 2022 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Presidenza del Consiglio dei Ministri and Others v UK and Others (Reference for a preliminary ruling — Coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors — Directives 75/363/EEC and 82/76/EEC — Specialist medical training — Appropriate remuneration — Application of Directive 82/76/EEC to training begun before its entry into force and continuing after the date of expiry of the period prescribed for its transposition)
Date: 2022-03-03
Institutions: Court of Justice
Subjects: medical training, physician, remuneration of work, right of establishment








C_2022165EN.01001901.xml










19.4.2022   


EN


Official Journal of the European Union


C 165/19






Judgment of the Court (Eighth Chamber) of 3 March 2022 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Presidenza del Consiglio dei Ministri and Others v UK and Others
(Case C-590/20) (1)

(Reference for a preliminary ruling - Coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors - Directives 75/363/EEC and 82/76/EEC - Specialist medical training - Appropriate remuneration - Application of Directive 82/76/EEC to training begun before its entry into force and continuing after the date of expiry of the period prescribed for its transposition)
(2022/C 165/21)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellants: Presidenza del Consiglio dei Ministri and Others

Respondents and cross-appellants: UK and Others

Operative part of the judgment

Article 2(1)(c) and Article 3(1) and (2) of Council Directive 75/363/EEC of 16 June 1975 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors, as amended by Council Directive 82/76/EEC of 26 January 1982, as well as the annex thereto, must be interpreted as meaning that any full-time or part-time specialist medical training begun before the entry into force, on 29 January 1982, of Directive 82/76 and continued after the expiry, on 1 January 1983, of the period prescribed for the transposition of that directive must, in respect of the period of that training running from 1 January 1983 until the end of that training, be subject to appropriate remuneration within the meaning of that annex, provided that that training concerns a medical specialty which is common to all the Member States or to two or more of them and is mentioned in Article 5 or Article 7 of Council Directive 75/362/EEC of 16 June 1975 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.


(1)  Date lodged: 10.11.2020.
EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 December 2021 (Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 (OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25 May 2006, p. 1.)) 2022/C 103/09
Date: 2022-03-03
Institutions: EFTA Surveillance Authority
Subjects: Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2022103EN.01001201.xml










3.3.2022   


EN


Official Journal of the European Union


C 103/12






EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 December 2021


(Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 (1)
)


(2022/C 103/09)
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of ESA’s State Aid Guidelines as amended by ESA’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.
Base rates have been determined as follows:








 


Iceland


Liechtenstein


Norway




1.12.2021 –


1,88 


-0,61 


0,52 






(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25 May 2006, p. 1.
Non-opposition to a notified concentration (Case M.10568 – IIF INTERNATIONAL HOLDING / G+E GETEC HOLDING) (Text with EEA relevance) 2022/C 115/01
Date: 2022-03-03
Institutions: Directorate-General for Competition, European Commission
Subjects: air conditioning, economic concentration, electricity supply, energy supply, gas supply, heating, investment company, merger control








C_2022115EN.01000101.xml










11.3.2022   


EN


Official Journal of the European Union


C 115/1






Non-opposition to a notified concentration
(Case M.10568 – IIF INTERNATIONAL HOLDING / G+E GETEC HOLDING)
(Text with EEA relevance)
(2022/C 115/01)
On 3 March 2022, 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) 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 policy’ 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 32022M10568. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission information notice 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 (Text with EEA relevance) 2022/C 103/05
Date: 2022-03-03
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Latium, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022103EN.01000801.xml










3.3.2022   


EN


Official Journal of the European Union


C 103/8






Commission information notice 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
(Text with EEA relevance)
(2022/C 103/05)






Member State


Italy




Route concerned


Cagliari-Rome Fiumicino and vice-versa




Period of validity of the contract


A period of two years starting on 1 October 2022




Deadline for submission of tenders


62 days after the date of publication of this notice




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained


For further information:





Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, n. 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it
trasp.osp@regione.sardegna.it.
Case C-421/20: Judgment of the Court (Fifth Chamber) of 3 March 2022 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Acacia Srl v Bayerische Motoren Werke AG (Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Article 82(5) — Action brought before the courts of the Member State in which an act of infringement has been committed or threatened — Claims supplementary to the action for infringement — Applicable law — Article 88(2) — Article 89(1)(d) — Regulation (EC) No 864/2007 — Law applicable to non-contractual obligations (Rome II) — Article 8(2) — Country in which the intellectual property right was infringed)
Date: 2022-03-03
Institutions: Court of Justice
Subjects: EU Member State, civil proceedings, designs and models, judicial cooperation in civil matters in the EU, jurisdiction, private international law








C_2022171EN.01001101.xml










25.4.2022   


EN


Official Journal of the European Union


C 171/11






Judgment of the Court (Fifth Chamber) of 3 March 2022 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Acacia Srl v Bayerische Motoren Werke AG
(Case C-421/20) (1)

(Reference for a preliminary ruling - Intellectual property - Community designs - Regulation (EC) No 6/2002 - Article 82(5) - Action brought before the courts of the Member State in which an act of infringement has been committed or threatened - Claims supplementary to the action for infringement - Applicable law - Article 88(2) - Article 89(1)(d) - Regulation (EC) No 864/2007 - Law applicable to non-contractual obligations (Rome II) - Article 8(2) - Country in which the intellectual property right was infringed)
(2022/C 171/13)
Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings


Applicant: Acacia Srl

Defendant: Bayerische Motoren Werke AG

Operative part of the judgment

Article 88(2) and Article 89(1)(d) of Council Regulation (EC) No 6/2002 of 12 December 2001 of Community designs, and Article 8(2) of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) must be interpreted as meaning that the Community design courts before which an action for infringement pursuant to Article 82(5) of Regulation No 6/2002 is brought concerning acts of infringement committed or threatened within a single Member State must examine the claims supplementary to that action, seeking the award of damages, the submission of information, documents and accounts and the handing over of the infringing products with a view to their being destroyed, on the basis of the law of the Member State in which the acts allegedly infringing the Community design relied upon are committed or are threatened, which is the same, in the circumstances of an action brought pursuant to that Article 82(5), as the law of the Member State in which those courts are situated.


(1)  OJ C 433, 14.12.2020.
Corrigendum to Commission Delegated Regulation (EU) 2021/2306 of 21 October 2021 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council with rules on the official controls in respect of consignments of organic products and in-conversion products intended for import into the Union and on the certificate of inspection (Official Journal of the European Union L 461 of 27 December 2021)
Date: 2022-03-03
Institutions: European Commission, Secretariat-General
Subjects: consumer protection, food inspection, import (EU), organic farming, organic product, originating product, quality control of agricultural products, third country




L_2022068EN.01002101.xml










3.3.2022   


EN


Official Journal of the European Union


L 68/21







Corrigendum to Commission Delegated Regulation (EU) 2021/2306 of 21 October 2021 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council with rules on the official controls in respect of consignments of organic products and in-conversion products intended for import into the Union and on the certificate of inspection

(
Official Journal of the European Union L 461 of 27 December 2021
)


On page 20, in Article 10(1):
for:


‘1.   Where a competent authority, control authority or control body in a third country is notified by the Commission, after the Commission has received a notification from a Member State in accordance with Article 9 of Implementing Regulation (EU) 2021/2307 as regards suspected or established non-compliance affecting the integrity of the organic products or in-conversion products in a consignment, it shall carry out an investigation.’,


read:


‘1.   Where a competent authority, control authority or control body in a third country is notified by the Commission, after the Commission has received a notification from a Member State in accordance with Article 7 of Implementing Regulation (EU) 2021/2307 as regards suspected or established non-compliance affecting the integrity of the organic products or in-conversion products in a consignment, it shall carry out an investigation.’.
Commission information notice 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 (Text with EEA relevance) 2022/C 103/03
Date: 2022-03-03
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Latium, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022103EN.01000601.xml










3.3.2022   


EN


Official Journal of the European Union


C 103/6






Commission information notice 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
(Text with EEA relevance)
(2022/C 103/03)






Member State


Italy




Route concerned


Alghero-Roma Fiumicino and vice-versa




Period of validity of the contract


A period of two years starting on 1 October 2022




Deadline for submission of tenders


62 days after the publication of this notice




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained


For further information:
Autonomous Region of Sardinia





Department of Transport




Directorate-General of Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, n. 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it
trasp.osp@regione.sardegna.it.
Case C-172/20 P: Judgment of the Court (Seventh Chamber) of 3 March 2022 — WV v European External Action Service (EEAS) (Appeal — Civil service — Request for assistance — Staff Regulations of Officials of the European Union — Article 90(1) and (2) — Date on which the request was made — Implied decision refusing the request — Complaint — Submission — Time period — Excusable error)
Date: 2022-03-03
Institutions: Court of Justice
Subjects: European official, legal aid, limitation of legal proceedings, servant (EU)








C_2022171EN.01000502.xml










25.4.2022   


EN


Official Journal of the European Union


C 171/5






Judgment of the Court (Seventh Chamber) of 3 March 2022 — WV v European External Action Service (EEAS)
(Case C-172/20 P) (1)

(Appeal - Civil service - Request for assistance - Staff Regulations of Officials of the European Union - Article 90(1) and (2) - Date on which the request was made - Implied decision refusing the request - Complaint - Submission - Time period - Excusable error)
(2022/C 171/06)
Language of the case: French

Parties


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

Other party to the proceedings: European External Action Service (EEAS) (represented by: S. Marquardt and R. Spáč, acting as Agents, and by M. Troncoso Ferrer, abogado, and F.-M. Hislaire, avocat)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders WV to pay the costs.






(1)  OJ C 320, 28.9.2020.