do-me/EUR-LEX huggingface dataset:
Case T-766/22: Action brought on 8 December 2022 — Canel Ferreiro v Council
Date: 2022-12-08
Institutions: General Court
Subjects: European official, administrative sanction, disciplinary proceedings, rights of the defence, staff regulations (EU)








C_2023045EN.01002201.xml










6.2.2023   


EN


Official Journal of the European Union


C 45/22






Action brought on 8 December 2022 — Canel Ferreiro v Council
(Case T-766/22)
(2023/C 45/30)
Language of the case: French

Parties


Applicant: Maria Canel Ferreiro (Overijse, Belgium) (represented by: N. Maes, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


uphold the present action;










—


declare it admissible and well founded;










—


annul the decision of the appointing authority of the Council of the European Union of 25 November 2021 imposing the disciplinary penalty of a reprimand;










—


annul the decision of the appointing authority of the Council of the European Union of 01 September 2022 rejecting the applicant’s complaint No 2022_009 under Article 90(2) of the Staff Regulations;










—


annul administrative investigation EN-2101 and the investigation report of 28 May 2021 of the Legal Advisers to the Administration of the Directorate-General Organisational Development and Services — Human Resources Directorate of the General Secretariat of the Council of the European Union concerning the applicant;










—


order the defendant to pay the costs incurred by the applicant in the present proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea, alleging illegality of the administrative investigation. According to the applicant, the investigators went beyond the factual and temporal scope of the powers granted to them by the appointing authority.










2.


Second plea, alleging illegality of the decision to reject the complaint. The applicant submits, in that regard, that the principle of sound administration, enshrined in Article 41 of the Charter of Fundamental Rights of the European Union, was not respected and that the applicant’s case was not handled impartially.










3.


Third plea, alleging failure to respect the rights of the defence. The applicant submits that no details regarding the claim made against her were given in respect of the finding made against the applicant.










4.


Fourth plea, alleging lack of evidence. According to the applicant, the infringements of Articles 12 and 21 of the Staff Regulations of Officials of the European Union have not been proved to the requisite legal standard, so that a disciplinary penalty of a reprimand cannot be imposed on her on the basis of those infringements.
Case C-247/21: Judgment of the Court (Eighth Chamber) of 8 December 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Luxury Trust Automobil GmbH v Finanzamt Österreich (Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 42(a) — Article 197(1)(c) — Article 226(11a) — Article 141 — Exemption — Triangular transaction — Designation of the final recipient of a supply as being liable for VAT — Invoicing — Reference to ‘Reverse charge’ — Mandatory — Omission of that reference on an invoice — Retroactive correction of the invoice)
Date: 2022-12-08
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, intra-EU trade, invoicing, tax exemption, taxpayer








C_2023035EN.01000801.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/8






Judgment of the Court (Eighth Chamber) of 8 December 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Luxury Trust Automobil GmbH v Finanzamt Österreich
(Case C-247/21) (1)

(Reference for a preliminary ruling - Value added tax (VAT) - Directive 2006/112/EC - Article 42(a) - Article 197(1)(c) - Article 226(11a) - Article 141 - Exemption - Triangular transaction - Designation of the final recipient of a supply as being liable for VAT - Invoicing - Reference to ‘Reverse charge’ - Mandatory - Omission of that reference on an invoice - Retroactive correction of the invoice)
(2023/C 35/08)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Luxury Trust Automobil GmbH

Defendant: Finanzamt Österreich

Operative part of the judgment







1.


Article 42(a) 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, read in conjunction with Article 197(1)(c) of Directive 2006/112, as amended,
must be interpreted as meaning that, in a triangular transaction, the final customer has not been validly designated as liable for the value added tax (VAT) where the invoice issued by the intermediary acquiring the goods does not contain the words ‘Reverse charge’, referred to in Article 226(11a) of Directive 2006/112, as amended.










2.


Article 226(11a) of Directive 2006/112, as amended by Directive 2010/45,
must be interpreted as meaning that the omission, on an invoice, of the words ‘Reverse charge’, required under that provision, may not subsequently be corrected by adding a statement that that invoice relates to an intra-Community triangular transaction and that the tax liability is transferred to the person to whom the supply is made.






(1)  OJ C 263, 5.7.2022.
Corrigendum to Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption (Official Journal of the European Union L 304 of 24 November 2022)
Date: 2022-12-08
Institutions: European Commission
Subjects: animal product, food inspection, food production, food safety, foodstuff, human nutrition, import (EU), live animal, third country, veterinary inspection








L_2022316EN.01010001.xml










8.12.2022   


EN


Official Journal of the European Union


L 316/100







Corrigendum to Commission Delegated Regulation (EU) 2022/2292 of 6 September 2022 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of food-producing animals and certain goods intended for human consumption

(
Official Journal of the European Union L 304 of 24 November 2022
)


On page 20, Article 21, point 1(c):
for:






‘(c)


sprouts and seeds intended for the production of sprouts and referred to by the following HS subheadings: 0704 90, 0706 90, 0708 10, 0708 20, 0708 90, 0712 34, 0712 35, 0712 50, 0712 60, 0713 10, 0713 33, 0712 34, 0713 39, 0713 40, 0713 90, 0910 99, 1201 10, 1201 90, 1207 50, 1207 99, 1209 10, 1209 21, 1209 91 or 1214 90 of Part Two of Annex I to Regulation (EEC) No 2658/87;’,




read:






‘(c)


sprouts and seeds intended for the production of sprouts and referred to by the following HS subheadings: 0704 90, 0706 90, 0708 10, 0708 20, 0708 90, 0712 34, 0712 35, 0712 50, 0712 60, 0713 10, 0713 33, 0713 39, 0713 40, 0713 90, 0910 99, 1201 10, 1201 90, 1207 50, 1207 99, 1209 10, 1209 21, 1209 91 or 1214 90 of Part Two of Annex I to Regulation (EEC) No 2658/87;’.
Case C-616/22: Order of the Court (Ninth Chamber) of 8 December 2022 (request for a preliminary ruling from the High Court — Ireland) — GY v An Bord Pleanála, the Minister for Housing, Local Government and Heritage, Ireland and the Attorney General (Aarhus Convention — Access to justice — Requirement for a procedure which is not prohibitively expensive — Scope — Obligation to interpret in accordance with the national procedural law)
Date: 2022-12-08
Institutions: Court of Justice
Subjects: UN convention, access to information, disclosure of information, environmental monitoring, environmental protection, legal expenses, national law, right to justice








C_2023063EN.01001202.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/12






Order of the Court (Ninth Chamber) of 8 December 2022 (request for a preliminary ruling from the High Court — Ireland) — GY v An Bord Pleanála, the Minister for Housing, Local Government and Heritage, Ireland and the Attorney General
(Case C-616/22) (1)

(Aarhus Convention - Access to justice - Requirement for a procedure which is not prohibitively expensive - Scope - Obligation to interpret in accordance with the national procedural law)
(2023/C 63/17)
Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings


Applicant: GY

Defendants: An Bord Pleanála, the Minister for Housing, Local Government and Heritage, Ireland and the Attorney General

Operative part of the order

By Order of 8 December 2022, the President of the Ninth Chamber ordered the removal of Case C-616/22 from the register.


(1)  Date lodged: 23.9.2022.
Case C-625/21: Judgment of the Court (Ninth Chamber) of 8 December 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — VB v GUPFINGER Einrichtungsstudio GmbH (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Unjustified withdrawal from a contract by the consumer — Term determining the trader’s right to compensation declared unfair — Application of supplementary national law)
Date: 2022-12-08
Institutions: Court of Justice
Subjects: consumer protection, indemnification, termination of a contract, unfair terms of contract








C_2023035EN.01001701.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/17






Judgment of the Court (Ninth Chamber) of 8 December 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — VB v GUPFINGER Einrichtungsstudio GmbH
(Case C-625/21) (1)

(Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts - Unjustified withdrawal from a contract by the consumer - Term determining the trader’s right to compensation declared unfair - Application of supplementary national law)
(2023/C 35/18)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: VB

Defendant: GUPFINGER Einrichtungsstudio GmbH

Operative part of the judgment

Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as meaning that, where an indemnification clause of a sales contract has been declared unfair and, consequently, void and that contract is capable of continuing in existence without that clause, the seller or supplier which has imposed that term is precluded from being able to claim, in an action for damages based exclusively on a supplementary provision of national contract law, compensation for the loss or harm caused as provided for in that provision, which would have been applicable in the absence of that clause.


(1)  OJ C 37, 24.1.2022.
Council Decision (EU) 2022/2490 of 8 December 2022 authorising the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy to open negotiations for a Comprehensive Agreement between the European Union and its Member States, of the one part, and the Republic of Tajikistan, of the other part
Date: 2022-12-08
Institutions: Council of the European Union
Subjects: European Commission, High Representative of the Union for Foreign Affairs and Security Policy, Tajikistan, cooperation policy, negotiation of an agreement (EU), powers of the institutions (EU), transfer of competence




L_2022323EN.01009201.xml










19.12.2022   


EN


Official Journal of the European Union


L 323/92








            COUNCIL DECISION (EU) 2022/2490
of 8 December 2022
         
authorising the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy to open negotiations for a Comprehensive Agreement between the European Union and its Member States, of the one part, and the Republic of Tajikistan, of the other part


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), Article 207 and Article 209, in conjunction with Article 218(3) and (4) thereof,


Having regard to the joint recommendation from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


Negotiations should be opened with a view to concluding a Comprehensive Agreement between the European Union and its Member States, of the one part, and the Republic of Tajikistan, of the other part (the ‘Agreement’).












(2)


The Agreement is to replace the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (1),





HAS ADOPTED THIS DECISION:



Article 1

1.   The Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) are hereby authorised to open negotiations for a Comprehensive Agreement between the Union and its Member States, of the one part, and the Republic of Tajikistan, of the other part (the ‘Agreement’).


2.   The negotiations shall be conducted on the basis of the negotiating directives of the Council set out in the addendum to this Decision.



Article 2
The Commission shall be the head of the Union’s negotiating team.


Article 3
The negotiations shall be conducted in consultation with the Council Working Party on Eastern Europe and Central Asia.
The negotiations on the trade-related parts of the Agreement shall be conducted in consultation with the Trade Policy Committee.


Article 4
This Decision is addressed to the Commission and to the High Representative.




Done at Brussels, 8 December 2022.


For the Council


The President

V. RAKUŠAN
            





(1)  
            OJ L 350, 29.12.2009, p. 3.