do-me/EUR-LEX huggingface dataset:
Joined Cases C-257/21 and C-258/21: Judgment of the Court (Seventh Chamber) of 7 July 2022 (requests for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Coca-Cola European Partners Deutschland GmbH v L.B. (C-257/21), R.G. (C-258/21), (Reference for a preliminary ruling — Social policy — Article 153 TFEU — Protection of workers — Directive 2003/88/EC — Organisation of working time — Night work — Collective agreement which provides for a lower supplementary allowance for regular night work than that established for irregular night work — Equal treatment — Article 20 of the Charter of Fundamental Rights of the European Union — Implementation of Union law for the purposes of Article 51(1) of the Charter of Fundamental Rights)
Date: 2022-07-07
Institutions: Court of Justice
Subjects: arrangement of working time, collective agreement, equal treatment, night work, supplementary income








C_2022318EN.01001501.xml










22.8.2022   


EN


Official Journal of the European Union


C 318/15






Judgment of the Court (Seventh Chamber) of 7 July 2022 (requests for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Coca-Cola European Partners Deutschland GmbH v L.B. (C-257/21), R.G. (C-258/21),
(Joined Cases C-257/21 and C-258/21) (1)

(Reference for a preliminary ruling - Social policy - Article 153 TFEU - Protection of workers - Directive 2003/88/EC - Organisation of working time - Night work - Collective agreement which provides for a lower supplementary allowance for regular night work than that established for irregular night work - Equal treatment - Article 20 of the Charter of Fundamental Rights of the European Union - Implementation of Union law for the purposes of Article 51(1) of the Charter of Fundamental Rights)
(2022/C 318/20)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: Coca-Cola European Partners Deutschland GmbH

Defendants: L.B. (C-257/21), R.G. (C-258/21)

Operative part of the judgment

A provision of a collective agreement which provides for a higher supplementary allowance for irregular night work than that established for regular night work is not implementing 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 for the purposes of Article 51(1) of the Charter of Fundamental Rights of the European Union.


(1)  OJ C 297, 26.7.2021.
EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 March 2022 (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, 25.5.2006, p. 1.)) 2022/C 262/08
Date: 2022-07-07
Institutions: EFTA Surveillance Authority
Subjects: Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2022262EN.01001201.xml










7.7.2022   


EN


Official Journal of the European Union


C 262/12






EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 March 2022


(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 262/08)
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




1.3.2022 –


2,56 


-0,57 


0,90 






(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25.5.2006, p. 1.
Case C-454/22: Action brought on 7 July 2022 — European Commission v Republic of Latvia
Date: 2022-07-07
Institutions: Court of Justice
Subjects: Internet, information technology, national implementing measure, provision of services, regulation of telecommunications, sanction (EU), trans-European network, transmission network, universal service








C_2022326EN.01001601.xml










29.8.2022   


EN


Official Journal of the European Union


C 326/16






Action brought on 7 July 2022 — European Commission v Republic of Latvia
(Case C-454/22)
(2022/C 326/23)
Language of the case: Latvian

Parties


Applicant: European Commission (represented by: L. Malferrari, E. Manhaeve, U. Małecka and A. Sauka)

Defendant: Republic of Latvia

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Article 124(1) of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (1) or, in any event, by failing to communicate those provisions to the Commission, the Republic of Latvia has failed to fulfil its obligations under that directive;










—


order the Republic of Latvia to pay a lump sum of EUR 1 145,34 per day, with a minimum lump sum of EUR 316 000;










—


order the Republic of Latvia to pay to the Commission, in so far as the failure to fulfil the obligations set out in paragraph 1 persists pending delivery of the judgment in this case, a penalty payment of EUR 1 145,34 for each day’s delay from the date of delivery of the judgment in this case until the date on which the Republic of Latvia complies with its obligations under that directive;










—


order Republic of Latvia to pay the costs.





Pleas in law and main arguments

Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code sets out the regulatory framework for the telecommunications sector. The deadline for transposing that directive expired on 21 December 2020.
On 3 February 2021, the Commission sent a letter of formal notice to the Republic of Latvia. On 23 September 2021, the Commission sent a reasoned opinion to the Republic of Latvia. However, the Republic of Latvia has not yet adopted the transposition measures and, in any case, they have not been communicated to the Commission.


(1)  OJ 2018 L 321, p. 36.
State aid – Decision to raise no objections 2022/C 262/06
Date: 2022-07-07
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, coronavirus disease, epidemic, sporting event, voluntary organisation, voluntary work








C_2022262EN.01000901.xml










7.7.2022   


EN


Official Journal of the European Union


C 262/9






State aid – Decision to raise no objections
(2022/C 262/06)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


9 February 2022




Case No


88078




Decision No


045/22/COL




EFTA State


Norway




Title


COVID-19 Amendments to the aid schemes for the voluntary and sports sectors




Legal basis


(1 TThe legal basis of the prolonged scheme is Prop. 51 S (2021–2022) and Innst. 119 S (2021–2022).




Type of measure


Schemes




Objective


For both schemes the objective is to






—


compensate beneficiaries for any additional cost and losses due to pandemic restrictions in the period of January to March 2022










—


adjusted the aid intensity to provide for equal treatment between cancelled events and such that take place as planned in a downscaled version








Form of aid


Direct grants




Budget


Scheme to support organisations in the voluntary sector: NOK 1 555  million.
Scheme for sports events of national importance: NOK 820 million.




Intensity


Scheme to support organisations in the voluntary sector:






—


Applicants may receive a grant of 70 % of additional costs and/or costs connected to the development and/or adjustment of activities.










—


For events and other specified activities that are either cancelled or take place as planned in a downscaled version, applicants may receive a grant of 70 % of the amount calculated according to Section 3 of the Regulation as amended.




Scheme for sports events of national importance:






—


For cancelled events or events that take place as planned in a downscaled version, a grant of 70 % of the amount calculated according to Section 5 of the Regulation may be given.








Duration


30 June 2022




Economic sectors


Voluntary sector and sports sector




Name and address of the granting authority


Both schemes will be administered by:





Norwegian Gaming and Foundation Authority




P.O. Box 800




N-6805 Førde




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-576/20: Judgment of the Court (Second Chamber) of 7 July 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — CC v Pensionsversicherungsanstalt (Reference for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 987/2009 — Article 44(2) — Scope — Old-age pension — Calculation — Taking into account of child-raising periods completed in other Member States — Article 21 TFEU — Free movement of citizens)
Date: 2022-07-07
Institutions: Court of Justice
Subjects: EU Member State, child care, free movement of workers, migrant worker, pension scheme, residence, retirement conditions, social-security harmonisation








C_2022318EN.01000201.xml










22.8.2022   


EN


Official Journal of the European Union


C 318/2






Judgment of the Court (Second Chamber) of 7 July 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — CC v Pensionsversicherungsanstalt
(Case C-576/20) (1)

(Reference for a preliminary ruling - Social security for migrant workers - Regulation (EC) No 987/2009 - Article 44(2) - Scope - Old-age pension - Calculation - Taking into account of child-raising periods completed in other Member States - Article 21 TFEU - Free movement of citizens)
(2022/C 318/02)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: CC

Defendant: Pensionsversicherungsanstalt

Operative part of the judgment

Article 44(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems must be interpreted as meaning that, where, for the purpose of granting an old-age pension, the person concerned does not fulfil the condition of pursuing an activity as an employed or self-employed person imposed by that provision in order to have taken into account, by the Member State responsible for payment of that pension, child-raising periods completed by that person in other Member States, that Member State is required to take account of those periods pursuant to Article 21 TFEU, provided that that person worked and paid contributions exclusively in that Member State, both before and after transferring that person’s place of residence to another Member State where the person carried out those child-raising periods.


(1)  OJ C 35, 1.2.2021.
Case C-194/21: Judgment of the Court (Tenth Chamber) of 7 July 2022 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v X (Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 184 and 185 — Adjustment of deductions — Taxable person who did not exercise their right of deduction before the expiry of a limitation period — No possibility of making that deduction in the context of adjustment)
Date: 2022-07-07
Institutions: Court of Justice
Subjects: VAT, tax offence, tax relief, taxpayer








C_2022318EN.01001401.xml










22.8.2022   


EN


Official Journal of the European Union


C 318/14






Judgment of the Court (Tenth Chamber) of 7 July 2022 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v X
(Case C-194/21) (1)

(Reference for a preliminary ruling - Value added tax (VAT) - Directive 2006/112/EC - Articles 184 and 185 - Adjustment of deductions - Taxable person who did not exercise their right of deduction before the expiry of a limitation period - No possibility of making that deduction in the context of adjustment)
(2022/C 318/18)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: Staatssecretaris van Financiën

Respondent: X

Operative part of the judgment

Articles 184 and 185 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2010/45/EU of 13 July 2010
must be interpreted as not precluding a taxable person who failed to exercise, before the expiry of the limitation period laid down by national law, the right to deduct value added tax (VAT) relating to the acquisition of goods or services, from being denied the possibility of subsequently making that deduction, by way of an adjustment, at the time when those goods or services are first used for the purposes of taxed transactions, even where no abuse of rights, fraud or loss of tax revenue has been established.


(1)  OJ C 228, 14.6.2021.
Case T-420/22: Action brought on 7 July 2022 — BNP Paribas v SRB
Date: 2022-07-07
Institutions: General Court
Subjects: EU banking union, bank resolution, credit institution, equal treatment, financing method, financing plan, fund (EU), principle of proportionality








C_2022311EN.01002501.xml










16.8.2022   


EN


Official Journal of the European Union


C 311/25






Action brought on 7 July 2022 — BNP Paribas v SRB
(Case T-420/22)
(2022/C 311/29)
Language of the case: French

Parties


Applicant: BNP Paribas (Paris, France) (represented by: A. Gosset-Grainville, M. Trabucchi and M. Dalon, lawyers)

Defendant: Single Resolution Board (SRB)

Form of order sought

The applicant claims that the Court should:






—


pursuant to Article 263 TFEU, annul Decision SRB/ES/2022/18 of 11 April 2022 on the calculation of 2022 ex-ante contributions to the SRF in so far as it concerns the applicant;










—


pursuant to Article 277 TFEU, declare the following provisions of the SRM Regulation, (1) the Implementing Regulation (2) and the Delegated Regulation (3) inapplicable:






—


Articles 69(1), 69(2), 70(1) and 70(2)(a) and (b) of the SRM Regulation;










—


Articles 4(2), 5,6, 7 and 20 of the Delegated Regulation, and Annex I thereto;










—


Article 4 of the Implementing Regulation;














—


order the defendant to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on eight pleas in law which are, in essence, identical or similar to those raised in Case T-391/22, Société générale and Others v SRB.



(1)  Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 255, p. 1).

(2)  Council Implementing Regulation (EU) 2015/81 of 19 December 2014 specifying uniform conditions of application of Regulation No 806/2014 with regard to ex ante contributions to the Single Resolution Fund (OJ 2015 L 15, p. 1).

(3)  Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59 with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).
Prior notification of a concentration (Case M.10809 – CD&R / TPG / COVETRUS) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 262/09
Date: 2022-07-07
Institutions: Directorate-General for Competition, European Commission
Subjects: animal health, economic concentration, investment company, merger control, veterinary medicinal product, wholesale trade








C_2022262EN.01001301.xml










7.7.2022   


EN


Official Journal of the European Union


C 262/13






Prior notification of a concentration
(Case M.10809 – CD&R / TPG / COVETRUS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 262/09)

1.   
On 28 June 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Clayton, Dubilier & Rice Fund XI, L.P. and three other limited partnerships under common control (‘CD&R’, United States),










—


TPG Partners VIII, L.P. (‘TPG Partners VIII’), and TPG Healthcare Partners, L.P. (‘TPG Healthcare’) (‘TPG’, United States),










—


Covetrus, Inc. (‘Covetrus’, United States) (‘the Target’).




CD&R and TPG will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Covetrus.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


CD&R is a private equity investment firm which has investments in various sectors of the economy,










—


TPG is a private equity fund that invests in a variety of companies through acquisitions and corporate restructuring.










—


Covetrus is a publicly listed company active globally as a provider of animal-health technology and services to companies supporting the companion, equine and large-animal veterinary markets, specifically veterinarians and animal-health practitioners.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
Case M.10809 – CD&R / TPG / COVETRUS
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Fax +32 22964301
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Prior notification of a concentration (Case M.10740 – CUMMINS / MERITOR) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 262/12
Date: 2022-07-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electric machinery, engine, merger control, motor vehicle industry








C_2022262EN.01001901.xml










7.7.2022   


EN


Official Journal of the European Union


C 262/19






Prior notification of a concentration
(Case M.10740 – CUMMINS / MERITOR)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 262/12)

1.   
On 29 June 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Cummins Inc. (‘Cummins’, USA),










—


Meritor Inc. (‘Meritor’, USA).




Cummins will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Meritor.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Cummins is a global company that manufactures, distributes and services diesel and alternative fuel engines and generators, as well as powertrain-related components and technology,










—


Meritor is a global supplier of axles, brakes, and other modules and components to Original Equipment Manufacturers (OEMs) and the aftermarket for the commercial vehicle, transportation and industrial sectors.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.10740 – CUMMINS / MERITOR
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Fax +32 22964301
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Corrigendum to 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 (Official Journal of the European Union C 240 of 22 June 2022) 2022/C 262/14
Date: 2022-07-07
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Andalusia, Melilla, Spain, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022262EN.01002001.xml










7.7.2022   


EN


Official Journal of the European Union


C 262/20






Corrigendum to 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

(
Official Journal of the European Union C 240 of 22 June 2022
)

(2022/C 262/14)
On page 19, section ‘Period of validity of the contract’
for:

‘From January 1st 2023 to December 31st 2023.’

read:

‘From January 1st 2023 to December 31st 2024.’