do-me/EUR-LEX huggingface dataset:
Case C-713/21, Finanzamt X (Supplies of the owner of a stable): Judgment of the Court (Seventh Chamber) of 9 February 2023 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — A v Finanzamt X (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Concept of ‘supplies of services for consideration’ — Single supply consisting in the stabling and training of horses as well as their participation in competitions — Remuneration by assigning half of the claim to prize money corresponding to the prizes won by horses in competitions)
Date: 2023-02-09
Institutions: Court of Justice
Subjects: VAT, animal show, animal welfare, claim, equidae, provision of services, remuneration of work, sporting event








C_2023112EN.01000902.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/9






Judgment of the Court (Seventh Chamber) of 9 February 2023 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — A v Finanzamt X
(Case C-713/21, (1) Finanzamt X (Supplies of the owner of a stable))
(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 2(1)(c) - Concept of ‘supplies of services for consideration’ - Single supply consisting in the stabling and training of horses as well as their participation in competitions - Remuneration by assigning half of the claim to prize money corresponding to the prizes won by horses in competitions)
(2023/C 112/12)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: A

Defendant: Finanzamt X

Operative part of the judgment

Article 2(1)(c) 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 single supply provided by the owner of a competition horse training stable, consisting in the stabling and training of horses and the participation of horses in competitions constitutes a supply of services for consideration, within the meaning of that provision, where the horse owner remunerates that supply by assigning half of the claim to prize money to which he or she is entitled in the event of successful participation in a competition.


(1)  OJ C 119, 14.3.2022.
Corrigendum to Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 110 of 8 April 2022)
Date: 2023-02-09
Institutions: Council of the European Union
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, legal person, natural person, territorial dispute, territorial law








L_2023039EN.01006501.xml










9.2.2023   


EN


Official Journal of the European Union


L 39/65







Corrigendum to Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(
Official Journal of the European Union L 110 of 8 April 2022
)








1.


On page 68, in the Annex, in entry 922 (Ekaterina IGNATOVA), in the ‘Identifying information’ column:




for:


                  ‘Lyudmila Rukavishikova (mother)’,

read:


                  ‘Lyudmila Rukavishnikova (mother)’.







2.


On page 69, in the Annex, in entry 923 (Anastasia IGNATOVA), in the ‘Identifying information’ column:




for:


                  ‘Lyudmila Rukavishikova (grandmother)’,

read:


                  ‘Lyudmila Rukavishnikova (grandmother)’.







3.


On page 69, in the Annex, in entry 924 (Lyudmila RUKAVISHIKOVA), in the ‘Name’ column:




for:


                  ‘Lyudmila RUKAVISHIKOVA’,

read:


                  ‘Lyudmila RUKAVISHNIKOVA’.







4.


On page 69, in the Annex, in entry 924 (Lyudmila RUKAVISHIKOVA), in the ‘Reasons’ column appearing twice:




for:


                  ‘Lyudmila Rukavishikova’,

read:


                  ‘Lyudmila Rukavishnikova’.
Case C-53/22, VZ (Tenderer definitively excluded): Judgment of the Court (Tenth Chamber) of 9 February 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Italy) — VZ v CA (Reference for a preliminary ruling — Review procedures in respect of the award of public supply and public works contracts — Directive 89/665/EEC — Article 1(3) — Interest in bringing proceedings — Access to the review procedures — Grave professional misconduct on account of an anticompetitive agreement — Other operator definitively excluded from participating in the procurement procedure concerned due to failure to meet the minimum requirements)
Date: 2023-02-09
Institutions: Court of Justice
Subjects: award of contract, invitation to tender, judicial review, public procurement, restriction on competition, tendering








C_2023112EN.01001101.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/11






Judgment of the Court (Tenth Chamber) of 9 February 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Italy) — VZ v CA
(Case C-53/22, (1) VZ (Tenderer definitively excluded))
(Reference for a preliminary ruling - Review procedures in respect of the award of public supply and public works contracts - Directive 89/665/EEC - Article 1(3) - Interest in bringing proceedings - Access to the review procedures - Grave professional misconduct on account of an anticompetitive agreement - Other operator definitively excluded from participating in the procurement procedure concerned due to failure to meet the minimum requirements)
(2023/C 112/14)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings


Applicant: VZ

Defendant: CA

Intervening parties: RT, BO, Regione Lombardia, Regione Liguria

Operative part of the judgment

Article 1(3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014
must be interpreted as not precluding legislation of a Member State which does not allow an operator which is prevented from participating in a procedure for the award of a public contract on the ground that it did not satisfy one of the conditions for participation laid down in the call for tenders concerned, and whose action against the inclusion of that condition in that call for tenders was rejected by a decision which acquired the force of res judicata, to challenge the refusal of the contracting authority concerned to annul the decision awarding that public contract following confirmation by a court decision that the successful tenderer and all the other tenderers had participated in an agreement constituting an infringement of the competition rules in the same sector as that concerned by the procedure for the award of that public contract.


(1)  OJ C 148, 4.4.2022.
Case C-560/21, KISA: Judgment of the Court (Sixth Chamber) of 9 February 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — ZS v Zweckverband ‘Kommunale Informationsverarbeitung Sachsen’ KISA, Körperschaft des öffentlichen Rechts (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Article 38(3) — Data protection officer — Prohibition on dismissing data protection officer for performing his or her tasks — Requirement for functional independence — National legislation prohibiting the dismissal of a data protection officer without just cause)
Date: 2023-02-09
Institutions: Court of Justice
Subjects: data protection, data-processing law, dismissal, employer, labour relations, personal data








C_2023112EN.01000601.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/6






Judgment of the Court (Sixth Chamber) of 9 February 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — ZS v Zweckverband ‘Kommunale Informationsverarbeitung Sachsen’ KISA, Körperschaft des öffentlichen Rechts
(Case C-560/21, KISA) (1)

(Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 38(3) - Data protection officer - Prohibition on dismissing data protection officer for performing his or her tasks - Requirement for functional independence - National legislation prohibiting the dismissal of a data protection officer without just cause)
(2023/C 112/07)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: ZS

Defendant: Zweckverband ‘Kommunale Informationsverarbeitung Sachsen’ KISA, Körperschaft des öffentlichen Rechts

Operative part of the judgment

The second sentence of Article 38(3) 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 not precluding national legislation which provides that a controller or a processor may dismiss a data protection officer who is a member of staff of that controller or processor solely where there is just cause, even if the dismissal is not related to the performance of that officer’s tasks, in so far as such legislation does not undermine the achievement of the objectives of that regulation.


(1)  OJ C 37, 24.1.2022.
Notice of the impending expiry of certain anti-dumping measures 2023/C 49/07
Date: 2023-02-09
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, import (EU), office supplies, originating product








C_2023049EN.01000801.xml










9.2.2023   


EN


Official Journal of the European Union


C 49/8






Notice of the impending expiry of certain anti-dumping measures
(2023/C 49/07)
1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may submit a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit G-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Lever arch mechanisms


The People’s Republic of China


Anti-dumping duty


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1684 of 8 November 2018 imposing a definitive anti-dumping duty on imports of lever arch mechanisms originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
(OJ L 279, 9.11.2018, p. 17)


10.11.2023






(1)  OJ L 176, 30.6.2016, p. 21.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight (00:00) of the day mentioned in this column.
Case C-482/21, Euler Hermes: Judgment of the Court (Eighth Chamber) of 9 February 2023 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Euler Hermes SA Magyarországi Fióktelepe v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 90 — Taxable amount — Reduction — Insurer paying compensation to policyholders for unpaid debts, including VAT — National legislation denying that insurer, as legal successor, the reduction of the taxable amount — Principle of fiscal neutrality — Principle of effectiveness)
Date: 2023-02-09
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, claim, insurance indemnity, tax relief








C_2023112EN.01000402.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/4






Judgment of the Court (Eighth Chamber) of 9 February 2023 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Euler Hermes SA Magyarországi Fióktelepe v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
(Case C-482/21, (1) Euler Hermes)
(Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Article 90 - Taxable amount - Reduction - Insurer paying compensation to policyholders for unpaid debts, including VAT - National legislation denying that insurer, as legal successor, the reduction of the taxable amount - Principle of fiscal neutrality - Principle of effectiveness)
(2023/C 112/05)
Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings


Applicant: Euler Hermes SA Magyarországi Fióktelepe

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Operative part of the judgment

Article 90(1) 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, and the principle of fiscal neutrality
must be interpreted as not precluding legislation of a Member State under which the reduction of the taxable amount in the event of non-payment, provided for in that provision, is not applied to an insurer who, under a contract for the insurance of trade debts, pays the insured person, by way of compensation following non-payment of a debt, part of the taxable amount of the taxable transaction at issue including value added tax, even though, pursuant to that contract, that part of the debt together with all associated rights have been assigned to that insurer.


(1)  OJ C 471, 22.11.2021.
Case T-286/22: Order of the General Court of 9 February 2023 — Aziz v Commission (Action for annulment — Protection of personal data — Regulation (EU) 2018/1725 — Article 76(d) of the Rules of Procedure — Failure to comply with procedural requirements — Inadmissibility)
Date: 2023-02-09
Institutions: General Court
Subjects: access to EU information, admissibility, data protection, personal data








C_2023127EN.01003902.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/39






Order of the General Court of 9 February 2023 — Aziz v Commission
(Case T-286/22) (1)

(Action for annulment - Protection of personal data - Regulation (EU) 2018/1725 - Article 76(d) of the Rules of Procedure - Failure to comply with procedural requirements - Inadmissibility)
(2023/C 127/50)
Language of the case: English

Parties


Applicant: Ahmad Aziz (Pietà, Malta) (represented by: L. Cuschieri, lawyer)

Defendant: European Commission (represented by: A. Bouchagiar and H. Kranenborg, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks, in essence, annulment of the European Commission’s implied decision of 16 May 2022 not to provide him with his personal data within the prescribed period.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Mr Ahmad Aziz shall bear his own costs and pay those of the European Commission.






(1)  OJ C 359, 19.9.2022.
Case T-57/23: Action brought on 9 February 2023 — Goldair Tourism v EUIPO — Gkolemis Etaireia (Goldair Tourism)
Date: 2023-02-09
Institutions: General Court
Subjects: EU trade mark, airline, hotel industry, performing arts, registered trade mark, reservation, sporting event, ticket, trade event, trade-mark law








C_2023112EN.01004302.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/43






Action brought on 9 February 2023 — Goldair Tourism v EUIPO — Gkolemis Etaireia (Goldair Tourism)
(Case T-57/23)
(2023/C 112/56)
Language in which the application was lodged: English

Parties


Applicant: Goldair Tourism Touristikes Epicheiriseis AE (Paiania, Greece) (represented by: E. Ventouri, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gkolemis Etaireia Aeroporikon Exypiretiseon AE (Marousi, Greece)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark Goldair Tourism — European Union trade mark registration No 18 275 928

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 December 2022 in Case R 1385/2022-4

Form of order sought

The applicant claims that the Court should annul the contested decision for the part that affects the applicant, that is, for the part that accepted the cancellation request.

Pleas in law







—


Infringement of Article 27(4) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Articles 60(1)(a) and 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Corrigendum to Council Implementing Regulation (EU) 2022/581 of 8 April 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (Official Journal of the European Union L 110 of 8 April 2022)
Date: 2023-02-09
Institutions: Council of the European Union
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, legal person, natural person, territorial dispute, territorial law








L_2023039EN.01006401.xml










9.2.2023   


EN


Official Journal of the European Union


L 39/64







Corrigendum to Council Implementing Regulation (EU) 2022/581 of 8 April 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

(
Official Journal of the European Union L 110 of 8 April 2022
)








1.


On page 16, in the Annex, in entry 922 (Ekaterina IGNATOVA), in the ‘Identifying information’ column:




for:


                  ‘Lyudmila Rukavishikova (mother)’,

read:


                  ‘Lyudmila Rukavishnikova (mother)’.







2.


On page 16, in the Annex, in entry 923 (Anastasia IGNATOVA), in the ‘Identifying information’ column:




for:


                  ‘Lyudmila Rukavishikova (grandmother)’,

read:


                  ‘Lyudmila Rukavishnikova (grandmother)’.







3.


On page 16, in the Annex, in entry 924 (Lyudmila RUKAVISHIKOVA), in the ‘Name’ column:




for:


                  ‘Lyudmila RUKAVISHIKOVA’,

read:


                  ‘Lyudmila RUKAVISHNIKOVA’.







4.


On page 16, in the Annex, in entry 924 (Lyudmila RUKAVISHIKOVA), in the ‘Reasons’ column appearing twice:




for:


                  ‘Lyudmila Rukavishikova’,

read:


                  ‘Lyudmila Rukavishnikova’.
Case C-708/21 P: Judgment of the Court (Sixth Chamber) of 9 February 2023 — Évariste Boshab v Council of the European Union (Appeal — Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo — Regulation (EC) No 1183/2005 — Article 2b and Article 9(2) — Decision 2010/788/CFSP — Article 3(2) and Article 9(2) — Applicant continuing to be included on the lists of persons and entities subject to restrictive measures — Decision (CFSP) 2019/2109 — Implementing Regulation (EU) 2019/2101)
Date: 2023-02-09
Institutions: Court of Justice
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, rights of the defence








C_2023112EN.01000901.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/9






Judgment of the Court (Sixth Chamber) of 9 February 2023 — Évariste Boshab v Council of the European Union
(Case C-708/21 P) (1)

(Appeal - Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo - Regulation (EC) No 1183/2005 - Article 2b and Article 9(2) - Decision 2010/788/CFSP - Article 3(2) and Article 9(2) - Applicant continuing to be included on the lists of persons and entities subject to restrictive measures - Decision (CFSP) 2019/2109 - Implementing Regulation (EU) 2019/2101)
(2023/C 112/11)
Language of the case: French

Parties


Appellant: Évariste Boshab (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Other party to the proceedings: Council of the European Union (represented by: M.-C. Cadilhac and S. Lejeune, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Évariste Boshab to bear his own costs and to pay those incurred by the Council of the European Union.






(1)  OJ C 51, 31.1.2022.