do-me/EUR-LEX huggingface dataset:
Case C-306/21: Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Komisia za zashtita na lichnite danni, Tsentralna izbiratelna komisia v Koalitsia ‘Demokratichna Bulgaria — Obedinenie’ (Reference for a preliminary ruling — Protection of personal data — Regulation (EU) 2016/679 — Scope — Article 2(2)(a) — Meaning of ‘activity which falls outside the scope of Union law’ — National and European Elections — Article 6(1)(e) — Lawfulness of processing — Article 58 — Act adopted by the supervisory authorities limiting, or where appropriate, prohibiting the video recording of the determination of the election results at electoral premises)
Date: 2022-10-20
Institutions: Court of Justice
Subjects: European election, counting of the votes, data protection, data-processing law, national election, organisation of elections, personal data, polling station, video surveillance








C_2022472EN.01001501.xml










12.12.2022   


EN


Official Journal of the European Union


C 472/15






Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Komisia za zashtita na lichnite danni, Tsentralna izbiratelna komisia v Koalitsia ‘Demokratichna Bulgaria — Obedinenie’
(Case C-306/21) (1)

(Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Scope - Article 2(2)(a) - Meaning of ‘activity which falls outside the scope of Union law’ - National and European Elections - Article 6(1)(e) - Lawfulness of processing - Article 58 - Act adopted by the supervisory authorities limiting, or where appropriate, prohibiting the video recording of the determination of the election results at electoral premises)
(2022/C 472/17)
Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings


Applicants: Komisia za zashtita na lichnite danni, Tsentralna izbiratelna komisia

Defendant: Koalitsia ‘Demokratichna Bulgaria — Obedinenie’

Operative part of the judgment







1.


Article 2(2)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),
must be interpreted as meaning that the processing of personal data in the context of the organisation of elections in a Member State is not excluded from the scope of that regulation.










2.


Article 6(1)(e) and Article 58 of Regulation 2016/679,
must be interpreted as meaning that those provisions do not preclude the competent authorities of a Member State from adopting an administrative act of general application which provides for the limitation or, where appropriate, the prohibition of the video recording of the determination of the electoral results in polling stations during elections in that Member State.






(1)  OJ C 329, 16.8.2021.
Case C-660/22: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 20 October 2022 — Ente Cambiano Società cooperativa per azioni v Agenzia delle Entrate
Date: 2022-10-20
Institutions: Court of Justice
Subjects: banking, cooperative bank, public limited company, transfer of businesses








C_2023024EN.01002901.xml










23.1.2023   


EN


Official Journal of the European Union


C 24/29






Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 20 October 2022 — Ente Cambiano Società cooperativa per azioni v Agenzia delle Entrate
(Case C-660/22)
(2023/C 24/38)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: Ente Cambiano Società cooperativa per azioni

Respondent: Agenzia delle Entrate

Question referred

Do Articles 63 et seq., 101, 102, 120 and 173 TFEU preclude national legislation which, like Article 2(3-ter) and (3-quater) of Decree-Law No 18 of 14 February 2016, converted, with amendments, by Law No 49 of 8 April 2016, in the version applicable ratione temporis, makes the payment of a sum equal to 20 % net assets as at 31 December 2015 a condition for the possibility for cooperative credit banks having net assets of over EUR 200 million as at 31 December 2015, instead of joining a group, transferring their banking business to a public limited company, including a newly established one, authorised to perform banking activities, by amending their articles of association so as to exclude the performance of banking activities and at the same time maintaining the mutuality clauses set out in Article 2514 of the Italian Civil Code, and providing the shareholders with services which serve to maintain the relationship with the transferee public limited company relating to training and information on savings issues and the promotion of assistance programmes?
Case C-111/21: Judgment of the Court (Third Chamber) of 20 October 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — BT v Laudamotion GmbH (Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Liability of air carriers for death or bodily injuries sustained by passengers — Concept of ‘bodily injury’ — Post-traumatic stress disorder suffered by a passenger during the emergency evacuation of an aircraft)
Date: 2022-10-20
Institutions: Court of Justice
Subjects: carriage of passengers, civil aviation, indemnification, international convention, international transport, mental illness, transport accident, trauma








C_2022472EN.01001101.xml










12.12.2022   


EN


Official Journal of the European Union


C 472/11






Judgment of the Court (Third Chamber) of 20 October 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — BT v Laudamotion GmbH
(Case C-111/21) (1)

(Reference for a preliminary ruling - Air transport - Montreal Convention - Article 17(1) - Liability of air carriers for death or bodily injuries sustained by passengers - Concept of ‘bodily injury’ - Post-traumatic stress disorder suffered by a passenger during the emergency evacuation of an aircraft)
(2022/C 472/12)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: BT

Defendant: Laudamotion GmbH

Operative part of the judgment

Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded at Montreal on 28 May 1999, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001,
must be interpreted as meaning that a psychological injury caused to a passenger by an ‘accident’, within the meaning of that provision, which is not linked to ‘bodily injury’, within the meaning of that provision, must be compensated in the same way as such a bodily injury, provided that the aggrieved passenger demonstrates the existence of an adverse effect on his or her psychological integrity of such gravity or intensity that it affects his or her general state of health and that it cannot be resolved without medical treatment.


(1)  OJ C 228, 14.6.2021.
Case C-659/22: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 20 October 2022 — RK v Ministerstvo zdravotnictví
Date: 2022-10-20
Institutions: Court of Justice
Subjects: coronavirus disease, data protection, data-processing law, epidemic, free movement of persons, health certificate, health control, personal data, protection of privacy, vaccination








C_2023015EN.01002901.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/29






Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 20 October 2022 — RK v Ministerstvo zdravotnictví
(Case C-659/22)
(2023/C 15/31)
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: RK

Defendant: Ministerstvo zdravotnictví

Question referred

Does the verification, using the national ‘čTečka’ application, of the validity of interoperable Covid-19 vaccination, test, or recovery certificates, issued pursuant to Regulation (EU) 2021/953 (1) of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, which are used by the Czech Republic for national purposes, amount to automated processing of personal data pursuant to Article 4, point (2), of Regulation (EU) 2016/679 (2) of the European Parliament and of the Council of 27. April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and hence, is the material scope of the General Data Protection Regulation thus established, pursuant to Article 2(1) of that regulation?


(1)  OJ 2021 L 211, p. 1.

(2)  OJ 2016 L 119, p. 1.
Case T-407/21 R: Order of the President of the General Court of 20 October 2022 — PB v Commission (Interim relief — Public service contracts — Irregularities in the contract award procedure — Recovery of amounts unduly paid — Enforceable decision — Application for interim measures — Urgency — Prima facie case — Balance of interests)
Date: 2022-10-20
Institutions: General Court
Subjects: award of contract, claim, interest, managing director, services contract, tendering








C_2023015EN.01004101.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/41






Order of the President of the General Court of 20 October 2022 — PB v Commission
(Case T-407/21 R)
(Interim relief - Public service contracts - Irregularities in the contract award procedure - Recovery of amounts unduly paid - Enforceable decision - Application for interim measures - Urgency - Prima facie case - Balance of interests)
(2023/C 15/53)
Language of the case: French

Parties


Applicant: PB (represented by: L. Levi, lawyer)

Defendant: European Commission (represented by: B. Araujo Arce, J. Estrada de Solà and J. Baquero Cruz, acting as Agents)

Re:

By his application under Articles 278 and 279 TFEU, the applicant seeks, first, suspension of application of Commission Decision C(2021) 3338 final of 5 May 2021 concerning the recovery of the amount of EUR 5 038 737,86 plus interest payable by the director of the company [confidential information redacted] and, second, an order preventing the European Commission from recovering the amount indicated in that decision in any manner whatsoever, in particular by implementing the debit note, until the Court has ruled on the main action.

Operative part of the order







1.


Application of Commission Decision C(2021) 3338 final of 5 May 2021 concerning the recovery of the amount of EUR 5 038 737,86 plus interest payable by the director of the company [confidential information redacted] is suspended.










2.


The costs are reserved.
Notification of the Norwegian Government pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (‘Electricity Directive’), as adapted to the EEA Agreement by Protocol 1 thereto and EEA Joint Committee Decision No 93/2017 of 5 May 2017, regarding the designation of Statnett SF as transmission system operator in Norway 2022/C 404/07
Date: 2022-10-20
Institutions: Norway
Subjects: European Economic Area, Norway, domestic market, electrical energy, electricity supply, energy grid, private sector, public contract








C_2022404EN.01003501.xml










20.10.2022   


EN


Official Journal of the European Union


C 404/35






Notification of the Norwegian Government pursuant to Article 10(2) of Directive 2009/72/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (‘Electricity Directive’), as adapted to the EEA Agreement by Protocol 1 thereto and EEA Joint Committee Decision No 93/2017 of 5 May 2017, regarding the designation of Statnett SF as transmission system operator in Norway
(2022/C 404/07)
Following the Norwegian regulatory authority's final decision of 1 July 2022 regarding the certification of Statnett SF as ownership unbundled transmission system operator (Article 9 of the Electricity Directive), Norway has notified on 7 July 2022 to the EFTA Surveillance Authority the official approval and designation of this company as a transmission system operator operating in Norway in accordance with Article 10 of the Electricity Directive.
Any additional information can be obtained from:
Royal Norwegian Ministry of Petroleum and Energy
(Email: postmottak@oed.dep.no).
Case C-295/21: Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Cour d’appel de Bruxelles — Belgium) — Allianz Benelux SA v État belge, SPF Finances (Reference for a preliminary ruling — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 90/435/EEC — Article 4(1) — Exemption in favour of a parent company of the dividends paid by its subsidiary — Carrying over definitively taxed income surpluses to subsequent tax years — Absorption of a company with definitively taxed income surpluses by another company — National legislation limiting the transfer of those surpluses to the absorbing company)
Date: 2022-10-20
Institutions: Court of Justice
Subjects: corporation tax, merger, parent company, profit, subsidiary, tax exemption, tax law








C_2022472EN.01001301.xml










12.12.2022   


EN


Official Journal of the European Union


C 472/13






Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Cour d’appel de Bruxelles — Belgium) — Allianz Benelux SA v État belge, SPF Finances
(Case C-295/21) (1)

(Reference for a preliminary ruling - Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States - Directive 90/435/EEC - Article 4(1) - Exemption in favour of a parent company of the dividends paid by its subsidiary - Carrying over definitively taxed income surpluses to subsequent tax years - Absorption of a company with definitively taxed income surpluses by another company - National legislation limiting the transfer of those surpluses to the absorbing company)
(2022/C 472/15)
Language of the case: French

Referring court

Cour d’appel de Bruxelles

Parties to the main proceedings


Applicant: Allianz Benelux SA

Defendant: État belge, SPF Finances

Operative part of the judgment

Article 4(1) of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States
must be interpreted as not precluding legislation of a Member State which provides that dividends received by a company are to be included in its basis of assessment before up to 95 % of the total amount is deducted from it and which makes it possible, where appropriate, to carry that deduction forward to subsequent tax years, but which, nonetheless, where that company is absorbed in the context of a merger, limits the transfer of the carry-forward of that deduction to the absorbing company in proportion to the share represented by the net tax assets of the absorbed company in the total of the net tax assets of the absorbing company and the absorbed company.


(1)  OJ C 289, 19.7.2021.
Case T-493/22: Order of the General Court of 20 October 2022 — Cecoforma and Sopexa v REA
Date: 2022-10-20
Institutions: General Court
Subjects: advertising, agri-foodstuffs, award of contract, equal treatment, market research, public procurement, services contract, tendering, third country, transparency in decision-making








C_2022472EN.01005002.xml










12.12.2022   


EN


Official Journal of the European Union


C 472/50






Order of the General Court of 20 October 2022 — Cecoforma and Sopexa v REA
(Case T-493/22) (1)

(2022/C 472/60)
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 380, 3.10.2022.
Case C-542/21: Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘Mikrotīkls’ SIA v Valsts ieņēmumu dienests (Reference for a preliminary ruling — Customs union — Common Customs Tariff — Combined Nomenclature — Tariff classification — Heading 8517 — Subheadings 8517 70 11 and 8517 70 19 — Router aerials)
Date: 2022-10-20
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, computer equipment, electronic device, local area network, specification of tariff heading, telecommunications equipment








C_2022472EN.01002102.xml










12.12.2022   


EN


Official Journal of the European Union


C 472/21






Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘Mikrotīkls’ SIA v Valsts ieņēmumu dienests
(Case C-542/21) (1)

(Reference for a preliminary ruling - Customs union - Common Customs Tariff - Combined Nomenclature - Tariff classification - Heading 8517 - Subheadings 8517 70 11 and 8517 70 19 - Router aerials)
(2022/C 472/25)
Language of the case: Latvian

Referring court

Augstākā tiesa (Senāts)

Parties to the main proceedings


Appellant:‘Mikrotīkls’ SIA

Respondent: Valsts ieņēmumu dienests

Operative part of the judgment

Subheading 8517 70 11 of the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the customs and statistical nomenclature and on the Common Customs Tariff, as amended by Council Regulation (EC) No 254/2000 of 31 January 2000, as that annex has been amended by Commission Implementing Regulation (EU) No 927/2012 of 9 October 2012 and by Commission Implementing Regulation (EU) No 1001/2013 of 4 October 2013,
must be interpreted as meaning that it does not cover router aerials configured for communication in local area networks (LAN) and/or in wide area networks (WAN).


(1)  OJ C 462, 15.11.2021.
Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission 2022/C 404/06
Date: 2022-10-20
Institutions: European Food Safety Authority
Subjects: EU Member State, consumer protection, food inspection, food safety, institutional cooperation








C_2022404EN.01003401.xml










20.10.2022   


EN


Official Journal of the European Union


C 404/34






Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission
(2022/C 404/06)
Regulation (EC) No 178/2002 (1), Article 36(2), provides that the European Food Safety Authority's ‘Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission.’
The list was first drawn up by EFSA’s Management Board on 19 December 2006, and since then is:






i.


updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2)), and










ii.


made public on EFSA’s website, where the latest updated list of competent organisations is published.




This respective information is available on the EFSA website, at the following locations:






i.


the latest amendment to the list of competent organisations by EFSA’s Management Board on 6 October 2022 – [https://www.efsa.europa.eu/en/events/92nd-management-board-web-meeting], and










ii.


the updated list of competent organisations – http://www.efsa.europa.eu/en/partnersnetworks/scorg




EFSA will keep this Notice updated, specifically regarding the provided website links.
For more information please contact Cooperation.Article36@efsa.europa.eu.


(1)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(2)  Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the network of organisations operating in the fields within the European Food Safety Authority’s mission (OJ L 379, 24.12.2004, p. 64), as last amended.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 19 October 2022 2022/C 404/04
Date: 2022-10-20
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022404EN.01000701.xml










20.10.2022   


EN


Official Journal of the European Union


C 404/7






Euro exchange rates (1)

19 October 2022
(2022/C 404/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


0,9778 




JPY


Japanese yen


146,34 




DKK


Danish krone


7,4390 




GBP


Pound sterling


0,86993 




SEK


Swedish krona


10,9448 




CHF


Swiss franc


0,9810 




ISK


Iceland króna


141,10 




NOK


Norwegian krone


10,3823 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,563 




HUF


Hungarian forint


413,78 




PLN


Polish zloty


4,7878 




RON


Romanian leu


4,9248 




TRY


Turkish lira


18,1793 




AUD


Australian dollar


1,5568 




CAD


Canadian dollar


1,3479 




HKD


Hong Kong dollar


7,6757 




NZD


New Zealand dollar


1,7264 




SGD


Singapore dollar


1,3931 




KRW


South Korean won


1 398,35 




ZAR


South African rand


17,8339 




CNY


Chinese yuan renminbi


7,0672 




HRK


Croatian kuna


7,5325 




IDR


Indonesian rupiah


15 185,10 




MYR


Malaysian ringgit


4,6152 




PHP


Philippine peso


57,741 




RUB


Russian rouble


 




THB


Thai baht


37,469 




BRL


Brazilian real


5,1755 




MXN


Mexican peso


19,6845 




INR


Indian rupee


81,1955 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.10840 – INFINIGATE / NUVIAS) (Text with EEA relevance) 2023/C 163/02
Date: 2022-10-20
Institutions: Directorate-General for Competition, European Commission
Subjects: distributor, economic concentration, holding company, information security, information technology industry, merger control, wholesale trade








C_2023163EN.01000301.xml










8.5.2023   


EN


Official Journal of the European Union


C 163/3






Non-opposition to a notified concentration
(Case M.10840 – INFINIGATE / NUVIAS)
(Text with EEA relevance)
(2023/C 163/02)
On 20 October 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 32022M10840. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.