do-me/EUR-LEX huggingface dataset:
Case C-707/22: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 17 November 2022 — Minister van Infrastructuur en Waterstaat v AVROTROS
Date: 2022-11-17
Institutions: Court of Justice
Subjects: aviation security, civil aviation, confidentiality, disclosure of information, exchange of information, freedom of expression, transport accident








C_2023189EN.01000501.xml










30.5.2023   


EN


Official Journal of the European Union


C 189/5






Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 17 November 2022 — Minister van Infrastructuur en Waterstaat v AVROTROS
(Case C-707/22)
(2023/C 189/06)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Appellant: Minister van Infrastructuur en Waterstaat

Respondent: AVROTROS

Other parties: Bestuur van de Luchtverkeersleiding Nederland, Royal Schiphol Group NV/Schiphol Nederland BV

Questions referred







1.








a.


What is to be understood by ‘details of occurrences’ and ‘appropriate confidentiality’ as referred to in Article 15(1) of the Occurrence Reporting Regulation (1) and in the light of the right to freedom of expression and information enshrined in Article 11 of the EU Charter and Article 10 ECHR?










b.


Does aggregated information fall under ‘details of occurrences’ as referred to in Article 15(1) of the Occurrence Reporting Regulation?














2.








a.


Is Article 15(1) of the Occurrence Reporting Regulation, in the light of the right to freedom of expression and information enshrined in Article 11 of the EU Charter and Article 10 ECHR, to be interpreted as being compatible with a national rule, such as that at issue in the main proceedings, by virtue of which no information received from reported occurrences may be disclosed?










b.


Does this also apply to aggregated data on reported occurrences?














3.


If the answers to questions 2a and 2b are in the negative: is the competent national authority permitted to apply a general national rule on disclosure by virtue of which information is not disclosed if disclosure would be outweighed by the interests concerned with, for example, relations with other States and international organisations, with inspection, control and monitoring by administrative authorities, with respect for privacy and with preventing natural and legal persons from being disproportionately advantaged and disadvantaged?






(1)  Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ 2014 L 122, p. 18).
Case C-238/21: Judgment of the Court (First Chamber) of 17 November 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Porr Bau GmbH v Bezirkshauptmannschaft Graz-Umgebung (Reference for a preliminary ruling — Environment — Waste — Directive 2008/98/EC — Point 1 of Article 3 — Article 5(1) — Article 6(1) — Excavated materials — Concepts of ‘waste’ and of ‘by-product’ — Cessation of waste status)
Date: 2022-11-17
Institutions: Court of Justice
Subjects: by-product, environmental law, environmental protection, waste, waste management








C_2023015EN.01001401.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/14






Judgment of the Court (First Chamber) of 17 November 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Porr Bau GmbH v Bezirkshauptmannschaft Graz-Umgebung
(Case C-238/21) (1)

(Reference for a preliminary ruling - Environment - Waste - Directive 2008/98/EC - Point 1 of Article 3 - Article 5(1) - Article 6(1) - Excavated materials - Concepts of ‘waste’ and of ‘by-product’ - Cessation of waste status)
(2023/C 15/13)
Language of the case: German

Referring court

Landesverwaltungsgericht Steiermark

Parties to the main proceedings


Applicant: Porr Bau GmbH

Defendant: Bezirkshauptmannschaft Graz-Umgebung

Operative part of the judgment

Point 1 of Article 3 and Article 6(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives,
must be interpreted as
precluding national legislation under which uncontaminated excavated materials, which, pursuant to national law, are in the highest quality class,






—


must be classified as ‘waste’ where their holder neither intends nor is required to discard them and those materials meet the conditions laid down in Article 5(1) of that directive for being classified as ‘by-products’, and










—


only lose that waste status when they are used directly as a substitute and their holder has satisfied the formal criteria which are irrelevant for the purposes of environmental protection, if those criteria have the effect of undermining the attainment of the objectives of that directive.






(1)  OJ C 242, 21.6.2021.
Case C-607/20: Judgment of the Court (First Chamber) of 17 November 2022 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — GE Aircraft Engine Services Ltd v The Commissioners for His Majesty’s Revenue and Customs (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 26(1)(b) — Supply of services free of charge — Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme — Transactions treated as supplies of services for consideration — Scope — Principle of fiscal neutrality)
Date: 2022-11-17
Institutions: Court of Justice
Subjects: VAT, free service, fringe benefit, labour relations, tax exemption








C_2023015EN.01000901.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/9






Judgment of the Court (First Chamber) of 17 November 2022 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — GE Aircraft Engine Services Ltd v The Commissioners for His Majesty’s Revenue and Customs
(Case C-607/20) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 26(1)(b) - Supply of services free of charge - Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme - Transactions treated as supplies of services for consideration - Scope - Principle of fiscal neutrality)
(2023/C 15/08)
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicant: GE Aircraft Engine Services Ltd

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

Operative part of the judgment

Article 26(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 a supply of services consisting, for a business, in offering retail vouchers to its employees, in the context of a programme set up by that business, designed to recognise and reward the most deserving and high-performing employees, does not fall within its scope.


(1)  OJ C 28, 25.1.2021.
JUDGMENT OF THE COURT of 17 November 2022 in Case E-6/22 EFTA Surveillance Authority v Iceland (Failure by an EFTA State to fulfil its obligations – Failure to implement – Regulation (EU) No 2016/778) 2023/C 87/12
Date: 2022-11-17
Institutions: EFTA Court
Subjects: EU banking union, European Economic Area, Iceland, action for failure to fulfil an obligation, company in difficulties, credit institution, financial solvency, financing plan, investment company, private-sector liquidity








C_2023087EN.01003901.xml










9.3.2023   


EN


Official Journal of the European Union


C 87/39






JUDGMENT OF THE COURT
of 17 November 2022
in Case E-6/22
EFTA Surveillance Authority v Iceland


(Failure by an EFTA State to fulfil its obligations – Failure to implement – Regulation (EU) No 2016/778)


(2023/C 87/12)
In Case E-6/22, EFTA Surveillance Authority v Iceland – APPLICATION for a declaration that Iceland has failed to fulfil its obligations under Article 7 of the Agreement on the European Economic Area by failing to adopt the measures to make the Act referred to at point 19bi of Annex IX (Financial Services) to that Agreement (Commission Delegated Regulation (EU) 2016/778 of 2 February 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to the circumstances and conditions under which the payment of extraordinary ex post contributions may be partially or entirely deferred, and on the criteria for the determination of the activities, services and operations with regard to critical functions, and for the determination of the business lines and associated services with regard to core business lines (1)), as adapted by Protocol 1 to the EEA Agreement, part of its legal order, the Court, composed of Páll Hreinsson, President, Per Christiansen and Bernd Hammermann (Judge-Rapporteur), Judges, gave judgment on 17 November 2022, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under Article 7 EEA by failing, within the time prescribed, to adopt the measures necessary to make part of its internal legal order the Act referred to at point 19bi of Annex IX to the EEA Agreement (Commission Delegated Regulation (EU) 2016/778 of 2 February 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to the circumstances and conditions under which the payment of extraordinary ex post contributions may be partially or entirely deferred, and on the criteria for the determination of the activities, services and operations with regard to critical functions, and for the determination of the business lines and associated services with regard to core business lines), as adapted by Protocol 1 to the EEA Agreement.










2.


Orders Iceland to bear the costs of the proceedings.






(1)  OJ L 131, 20.5.2016, p. 41.
Case C-230/21: Judgment of the Court (Third Chamber) of 17 November 2022 (request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen — Belgium) — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat (Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Directive 2003/86/EC — Article 2(f) — Article 10(3)(a) — Concept of ‘unaccompanied minor’ — Right to family reunification — Refugee minor who is married at the time of her entry into the territory of a Member State — Child marriage not recognised in that Member State — Cohabitation with the spouse lawfully residing in that Member State)
Date: 2022-11-17
Institutions: Court of Justice
Subjects: aid to refugees, family relationship, family reunification, forced marriage, married person, refugee, unaccompanied child








C_2023015EN.01001301.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/13






Judgment of the Court (Third Chamber) of 17 November 2022 (request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen — Belgium) — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat
(Case C-230/21) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Immigration policy - Directive 2003/86/EC - Article 2(f) - Article 10(3)(a) - Concept of ‘unaccompanied minor’ - Right to family reunification - Refugee minor who is married at the time of her entry into the territory of a Member State - Child marriage not recognised in that Member State - Cohabitation with the spouse lawfully residing in that Member State)
(2023/C 15/12)
Language of the case: Dutch

Referring court

Raad voor Vreemdelingenbetwistingen

Parties to the main proceedings


Applicant: X, acting in her own name and as legal representative of her minor children, Y and Z

Defendant: Belgische Staat

Operative part of the judgment

Article 10(3)(a) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, read in conjunction with Article 2(f) of that directive,
must be interpreted as meaning that an unaccompanied refugee minor residing in a Member State does not have to be unmarried in order to acquire the status of sponsor for the purposes of family reunification with his or her first-degree relatives in the direct ascending line.


(1)  OJ C 263, 5.7.2021.
Case C-304/21: Judgment of the Court (Seventh Chamber) of 17 November 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — VT v Ministero dell’Interno and Ministero dell’Interno — Dipartimento della Pubblica Sicurezza — Direzione centrale per le risorse umane (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Article 21 of the Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Article 2(2), Article 4(1) and Article 6(1) — Prohibition of discrimination on grounds of age — National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners — Justification)
Date: 2022-11-17
Institutions: Court of Justice
Subjects: age discrimination, equal treatment, police, professional qualifications, recruitment








C_2023015EN.01001601.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/16






Judgment of the Court (Seventh Chamber) of 17 November 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — VT v Ministero dell’Interno and Ministero dell’Interno — Dipartimento della Pubblica Sicurezza — Direzione centrale per le risorse umane
(Case C-304/21) (1)

(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Article 21 of the Charter of Fundamental Rights of the European Union - Directive 2000/78/EC - Article 2(2), Article 4(1) and Article 6(1) - Prohibition of discrimination on grounds of age - National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners - Justification)
(2023/C 15/15)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: VT

Respondents: Ministero dell’Interno and Ministero dell’Interno — Dipartimento della Pubblica Sicurezza — Direzione centrale per le risorse umane

Operative part of the judgment

Article 2(2), Article 4(1) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, read in the light of Article 21 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation which provides for the fixing of a maximum age limit of 30 years for participation in a competition aimed at recruiting police commissioners, in so far as the duties actually performed by those police commissioners do not require particular physical capacities or, if such physical capacities are required, it is apparent that such legislation, while pursuing a legitimate aim, imposes a disproportionate requirement, which it is for the national court to determine.


(1)  OJ C 297, 26.7.2021.
Corrigendum to Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (Official Journal of the European Union L 228 of 4 September 2019)
Date: 2022-11-17
Institutions: European Commission, Secretariat-General
Subjects: air safety, aircraft, civil aviation, maintenance, safety standard, technical standard, transport licence








L_2022297EN.01008301.xml










17.11.2022   


EN


Official Journal of the European Union


L 297/83







Corrigendum to Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management

(
Official Journal of the European Union L 228 of 4 September 2019
)


On page 32, in Annex I, point (59), in the amendment to point (b) of Appendix VIII to Annex I to Regulation (EU) No 1321/2014:
for:






‘(59)


in Appendix VIII, point (b)(9) is deleted.’,




read:






‘(59)


in Appendix VIII, point (b) is amended as follows:






(i)


point (b)(9) is deleted;










(ii)


the third sentence is replaced by the following:

                                             “The criteria 1 to 8 cannot be overridden by less restrictive instructions issued in accordance with ‘M.A.302(d) Maintenance Programme”.’.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 16 November 2022 2022/C 437/02
Date: 2022-11-17
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022437EN.01000201.xml










17.11.2022   


EN


Official Journal of the European Union


C 437/2






Euro exchange rates (1)

16 November 2022
(2022/C 437/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0412 




JPY


Japanese yen


145,29 




DKK


Danish krone


7,4386 




GBP


Pound sterling


0,87483 




SEK


Swedish krona


10,8754 




CHF


Swiss franc


0,9795 




ISK


Iceland króna


148,90 




NOK


Norwegian krone


10,3675 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,355 




HUF


Hungarian forint


408,18 




PLN


Polish zloty


4,7065 




RON


Romanian leu


4,9206 




TRY


Turkish lira


19,3783 




AUD


Australian dollar


1,5400 




CAD


Canadian dollar


1,3801 




HKD


Hong Kong dollar


8,1444 




NZD


New Zealand dollar


1,6897 




SGD


Singapore dollar


1,4250 




KRW


South Korean won


1 378,10 




ZAR


South African rand


18,0195 




CNY


Chinese yuan renminbi


7,3720 




HRK


Croatian kuna


7,5443 




IDR


Indonesian rupiah


16 248,37 




MYR


Malaysian ringgit


4,7323 




PHP


Philippine peso


59,678 




RUB


Russian rouble


 




THB


Thai baht


37,103 




BRL


Brazilian real


5,5438 




MXN


Mexican peso


20,1227 




INR


Indian rupee


84,5905 






(1)  Source: reference exchange rate published by the ECB.
Commission Decision of 17 November 2022 on public holidays in 2024 for officials and other servants of the European Union serving in Brussels and Luxembourg 2022/C 440/05
Date: 2022-11-17
Institutions: Directorate-General for Human Resources and Security, European Commission
Subjects: EU institution, public holiday




C_2022440EN.01001501.xml










21.11.2022   


EN


Official Journal of the European Union


C 440/15






COMMISSION DECISION
of 17 November 2022
on public holidays in 2024 for officials and other servants of the European Union serving in Brussels and Luxembourg
(2022/C 440/05)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (CEOS), laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Article 61 of the Staff Regulations and Articles 16 and 91 of the CEOS,
Having regard to the joint rules establishing the list of public holidays of officials of the European Communities (2), and in particular Article 1(3) thereof,
Whereas:






(1)


Pursuant to Article 61 of the Staff Regulations of Officials of the European Union and Articles 16 and 91 of the CEOS, the list of public holidays in 2024 for officials and other servants of the European Union serving in Brussels and Luxembourg should be adopted.










(2)


In 2024, Easter Sunday falls on 31 March.










(3)


In 2024, 24 December falls on a Tuesday.










(4)


On 12 October 2022, the Heads of Administration were consulted for their opinion on the list of public holidays for 2024,




HAS DECIDED AS FOLLOWS:

Sole Article
The public holidays in 2024 for staff in Brussels and Luxembourg are as follows:






1 January


New Year’s Day




2 January


Day after New Year’s Day




28 March


Maundy Thursday




29 March


Good Friday




1 April


Easter Monday




1 May


Labour Day




9 May


Thursday, Anniversary of the Declaration by Robert Schuman in 1950 / Ascension Day




10 May


Day after Ascension Day




20 May


Whit Monday




15 August


Assumption




1 November


All Saints’ Day




23 December to 31 December


7 end-of-year days





TOTAL 2024




18 days







Done at Brussels, 17 November 2022.


For the Commission


Commissioner

Johannes HAHN




(1)  OJ L 56, 4.3.1968, p. 1.

(2)  Consolidated version of the Staff Regulations published by the Commission in January 2003, p. IV-.