do-me/EUR-LEX huggingface dataset:
Case C-316/22: Request for a preliminary ruling from the Tribunale di Como (Italy) lodged on 11 May 2022 — Gabel Industria Tessile SpA, Canavesi SpA v A2A Energia SpA and Others
Date: 2022-05-11
Institutions: Court of Justice
Subjects: EU law - national law, civil proceedings, claim, consumer, directive (EU), national implementing measure, supplier, tax rebate








C_2022276EN.01000801.xml










18.7.2022   


EN


Official Journal of the European Union


C 276/8






Request for a preliminary ruling from the Tribunale di Como (Italy) lodged on 11 May 2022 — Gabel Industria Tessile SpA, Canavesi SpA v A2A Energia SpA and Others
(Case C-316/22)
(2022/C 276/12)
Language of the case: Italian

Referring court

Tribunale di Como

Parties to the main proceedings


Applicants: Gabel Industria Tessile SpA, Canavesi SpA

Defendants: A2A Energia SpA, Energit SpA, Agenzia delle Dogane e dei Monopoli

Questions referred







1.


In general, does the system of sources of European Union law and, specifically, the third paragraph of Article 288 TFEU preclude the disapplication by a national court, in a dispute between private individuals, of a provision of national law that is contrary to a clear, precise and unconditional provision of a directive that has not been transposed or has been incorrectly transposed, thereby imposing an additional obligation on an individual, where that constitutes, according to the national legal system (Article 14(4) of Legislative Decree No 504/1995), a prerequisite for the latter to be able to assert against the State the rights conferred on him or her by that directive?










2.


Does the principle of effectiveness preclude national legislation (Article 14(4) of Legislative Decree No 504/1995) that does not allow a final consumer to seek reimbursement of undue tax directly from the State, but grants him or her only the option of bringing a civil action for recovery against the taxable person, who alone is entitled to obtain reimbursement from the tax authority, where the sole ground for the unlawfulness of the tax — namely the fact that it is contrary to a [Union] directive — can be relied on only in the relationship between the person liable to pay and the tax authority, but not in the relationship between the person liable to pay and the final consumer, thus effectively preventing the application of the reimbursement or, in order to ensure compliance with that principle, should the final consumer be recognised as having direct standing in such a case to bring an action against the Treasury, as a case where it is impossible or excessively difficult to obtain from the supplier a refund of the tax unduly paid?
Euro exchange rates (Source: reference exchange rate published by the ECB.) 10 May 2022 2022/C 192/06
Date: 2022-05-11
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022192EN.01009001.xml










11.5.2022   


EN


Official Journal of the European Union


C 192/90






Euro exchange rates (1)

10 May 2022
(2022/C 192/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0554 




JPY


Japanese yen


137,38 




DKK


Danish krone


7,4386 




GBP


Pound sterling


0,85595 




SEK


Swedish krona


10,6075 




CHF


Swiss franc


1,0479 




ISK


Iceland króna


139,50 




NOK


Norwegian krone


10,2315 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,014 




HUF


Hungarian forint


380,15 




PLN


Polish zloty


4,6763 




RON


Romanian leu


4,9458 




TRY


Turkish lira


16,0883 




AUD


Australian dollar


1,5162 




CAD


Canadian dollar


1,3707 




HKD


Hong Kong dollar


8,2847 




NZD


New Zealand dollar


1,6707 




SGD


Singapore dollar


1,4667 




KRW


South Korean won


1 346,56 




ZAR


South African rand


17,0050 




CNY


Chinese yuan renminbi


7,0967 




HRK


Croatian kuna


7,5385 




IDR


Indonesian rupiah


15 349,06 




MYR


Malaysian ringgit


4,6248 




PHP


Philippine peso


55,289 




RUB


Russian rouble


 




THB


Thai baht


36,448 




BRL


Brazilian real


5,4232 




MXN


Mexican peso


21,4716 




INR


Indian rupee


81,5425 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.10571 – HSBC SINGAPORE / TEMASEK / JV) (Text with EEA relevance) 2022/C 197/02
Date: 2022-05-11
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, economic concentration, energy storage, financial services, investment company, merger control, renewable energy, sustainable mobility, waste management, water treatment








C_2022197EN.01000201.xml










16.5.2022   


EN


Official Journal of the European Union


C 197/2






Non-opposition to a notified concentration
(Case M.10571 – HSBC SINGAPORE / TEMASEK / JV)
(Text with EEA relevance)
(2022/C 197/02)
On 11 May 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 32022M10571. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-151/20: Judgment of the General Court of 11 May 2022 — Czech Republic v Commission (Own resources of the European Union — Financial liability of a Member State — Import duties — Payment to the Commission of amounts corresponding to non-recovered own resources — Action based on unjust enrichment of the European Union — Obligations of a Member State with regard to own resources — Obligation to lodge a security — Exemption from making available amounts corresponding to established entitlements declared irrecoverable)
Date: 2022-05-11
Institutions: General Court
Subjects: Laos, customs duties, import (EU), originating product, own resources, payment, smoking








C_2022276EN.01000902.xml










18.7.2022   


EN


Official Journal of the European Union


C 276/9






Judgment of the General Court of 11 May 2022 — Czech Republic v Commission
(Case T-151/20) (1)

(Own resources of the European Union - Financial liability of a Member State - Import duties - Payment to the Commission of amounts corresponding to non-recovered own resources - Action based on unjust enrichment of the European Union - Obligations of a Member State with regard to own resources - Obligation to lodge a security - Exemption from making available amounts corresponding to established entitlements declared irrecoverable)
(2022/C 276/14)
Language of the case: Czech

Parties


Applicant: Czech Republic (represented by: M. Smolek, J. Vláčil and O. Serdula, Agents)

Defendant: European Commission (represented by: T. Materne and P. Němečková, Agents)

Interveners in support of the applicant: Kingdom of Belgium (represented by: S. Baeyens and J.-C. Halleux, Agents), Republic of Poland (represented by: B. Majczyna, Agent).

Re:

Application based on Article 268 TFEU and seeking repayment of the sum of 40 482 255 Czech koruny (CZK) paid in respect of the European Union’s own resources.

Operative part of the judgment

The Court:






1.


Upholds the Czech Republic’s action in so far as it concerns the repayment by the European Commission of the sum of 17 828 399,66 Czech koruny (CZK) paid in respect of the European Union’s own resources;










2.


Dismisses the action as to the remainder;










3.


Orders the parties to bear their own costs.






(1)  OJ C 175, 25.5.2020.