do-me/EUR-LEX huggingface dataset:
Case C-270/21, A (Nursery school teacher): Judgment of the Court (Fourth Chamber) of 2 March 2023 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — A (Reference for a preliminary ruling — Freedom of movement for workers — Recognition of professional qualifications in a Member State — Directive 2005/36/EC — Right to exercise the profession of nursery school teacher — Regulated profession — Right of access to the profession on the basis of a diploma issued in the home Member State — Professional qualification obtained in a third country)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: USSR, access to a profession, free movement of workers, nursery school, professional qualifications, recognition of diplomas, recognition of vocational training qualifications, teacher, teacher training








C_2023155EN.01000901.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/9






Judgment of the Court (Fourth Chamber) of 2 March 2023 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — A
(Case C-270/21, (1) A (Nursery school teacher))
(Reference for a preliminary ruling - Freedom of movement for workers - Recognition of professional qualifications in a Member State - Directive 2005/36/EC - Right to exercise the profession of nursery school teacher - Regulated profession - Right of access to the profession on the basis of a diploma issued in the home Member State - Professional qualification obtained in a third country)
(2023/C 155/11)
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Applicant: A

Other party: Opetushallitus

Operative part of the judgment







1.


Article 3(1)(a) of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013,
must be interpreted as meaning that a profession in respect of which national legislation imposes qualification requirements for access to and pursuit of the profession, but leaves employers a discretion in assessing whether those requirements are met, is not to be regarded as a ‘regulated profession’ within the meaning of that provision.










2.


Article 3(3) of Directive 2005/36, as amended by Directive 2013/55,
must be interpreted as meaning that that provision is not applicable where the evidence of formal qualifications presented to the host Member State was obtained on the territory of another Member State at a time when that other Member State existed not as an independent State but as a Soviet Socialist Republic, and where that evidence of formal qualifications was regarded by that Member State as evidence of formal qualifications issued by that Member State after it had regained its independence. Such evidence of formal qualifications must be regarded as having been obtained in a Member State and not in a third country.






(1)  OJ C 263, 5.7.2021.
Case C-666/21, Åklagarmyndigheten: Judgment of the Court (Third Chamber) of 2 March 2023 (request for a preliminary ruling from the Hovrätten för Nedre Norrland — Sweden) — AI v Åklagarmyndigheten (Reference for a preliminary ruling — Road transport — Regulation (EC) No 561/2006 — Scope — Article 2(1)(a) — Article 3(h) — Notion of ‘carriage by road of goods’ — Notion of ‘maximum permissible mass’ — Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods — Regulation (EU) No 165/2014 — Tachographs — Article 23(1) — Requirement for regular inspections by approved workshops)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: carriage of goods, housing, road transport, roadworthiness tests, weight and size








C_2023155EN.01001802.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/18






Judgment of the Court (Third Chamber) of 2 March 2023 (request for a preliminary ruling from the Hovrätten för Nedre Norrland — Sweden) — AI v Åklagarmyndigheten
(Case C-666/21, (1) Åklagarmyndigheten)
(Reference for a preliminary ruling - Road transport - Regulation (EC) No 561/2006 - Scope - Article 2(1)(a) - Article 3(h) - Notion of ‘carriage by road of goods’ - Notion of ‘maximum permissible mass’ - Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods - Regulation (EU) No 165/2014 - Tachographs - Article 23(1) - Requirement for regular inspections by approved workshops)
(2023/C 155/21)
Language of the case: Swedish

Referring court

Hovrätten för Nedre Norrland

Parties to the main proceedings


Applicant: AI

Defendant: Åklagarmyndigheten

Operative part of the judgment

Article 2(1)(a) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, as amended by Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014, read in conjunction with Article 3(h) of Regulation No 561/2006, as amended,
must be interpreted to the effect that the notion of ‘carriage by road of goods’, within the meaning of the first of those provisions, covers carriage by road by a vehicle whose maximum permissible mass, within the meaning of Article 4(m) of Regulation No 561/2006, as amended, exceeds 7,5 tonnes, including where it is fitted out not only as a temporary private living area but also for the non-commercial loading of goods, without that vehicle’s cargo capacity or the category in which it appears in the national road traffic register having any effect in that regard.


(1)  OJ C 24, 17.1.2022.
Case T-113/23: Action brought on 2 March 2023 — Papier-Mettler v EUIPO (Shape of a carrier bag)
Date: 2023-03-02
Institutions: General Court
Subjects: EU trade mark, packaging, registered trade mark, trade-mark law








C_2023127EN.01005901.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/59






Action brought on 2 March 2023 — Papier-Mettler v EUIPO (Shape of a carrier bag)
(Case T-113/23)
(2023/C 127/73)
Language of the case: German

Parties


Applicant: Papier-Mettler KG (Morbach, Germany) (represented by: D. Graetsch and M. Bergermann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU three-dimensional mark (Shape of a carrier bag) — Application No 18 580 604

Contested decision: Decision of the Second Board of Appeal of EUIPO of 19 December 2022 in Case R 764/2022-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-664/21, Nec Plus Ultra Cosmetics AG: Judgment of the Court (Tenth Chamber) of 2 March 2023 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — Nec Plus Ultra Cosmetics AG v Republika Slovenija (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 138(1) — Exemptions for intra-community transactions — Supply of goods — Principles of tax neutrality, effectiveness and proportionality — Compliance with substantive requirements — Time limit for the submission of evidence)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: VAT, intra-EU trade, principle of proportionality, proof, supply, tax exemption, tax inspection, tax law








C_2023155EN.01001801.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/18






Judgment of the Court (Tenth Chamber) of 2 March 2023 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — Nec Plus Ultra Cosmetics AG v Republika Slovenija
(Case C-664/21, (1) Nec Plus Ultra Cosmetics AG)
(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 138(1) - Exemptions for intra-community transactions - Supply of goods - Principles of tax neutrality, effectiveness and proportionality - Compliance with substantive requirements - Time limit for the submission of evidence)
(2023/C 155/20)
Language of the case: Slovenian

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings


Applicant: Nec Plus Ultra Cosmetics AG

Defendant: Republika Slovenija

Operative part of the judgment

Article 131 and Article 138(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with the principles of tax neutrality, effectiveness and proportionality,
must be interpreted as not precluding national legislation which prohibits the production and gathering of new evidence which establishes that the substantive conditions laid down in Article 138(1) of that directive are satisfied, during the administrative procedure which resulted in the adoption of the tax assessment notice, in particular after the tax inspection stage but before the adoption of that decision, provided that the principles of equivalence and effectiveness have been complied with.


(1)  OJ C 64, 7.2.2022.
Case T-112/23: Action brought on 2 March 2023 — Konings v EUIPO — Manuel Busto Amandi (MAY GOLD)
Date: 2023-03-02
Institutions: General Court
Subjects: EU trade mark, non-alcoholic beverage, registered trade mark, trade-mark law








C_2023134EN.01002101.xml










17.4.2023   


EN


Official Journal of the European Union


C 134/21






Action brought on 2 March 2023 — Konings v EUIPO — Manuel Busto Amandi (MAY GOLD)
(Case T-112/23)
(2023/C 134/28)
Language in which the application was lodged: English

Parties


Applicant: Konings NV (Zonhoven, Belgium) (represented by: K. Neefs, S. de Potter and T. Baetens, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Manuel Busto Amandi, SA (Villaviciosa, Spain)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark MAY GOLD — European Union trade mark No 9 103 268

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 28 November 2022 in Case R 1778/2021-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision insofar as it upheld the decision of the Cancellation Division to reject the applicant’s action to revoke the trade mark for ‘Non-alcoholic drinks, namely non-alcoholic sparkling fruit juice drinks; fruit drinks and fruit juices’, which are goods in Class 32 of the Nice Agreement;










—


order EUIPO to pay the costs or, alternatively if the other party intervenes in the proceedings, order the other party and EUIPO to be jointly held to pay the costs of the Applicant.





Pleas in law







—


Infringement of Article 41(2)(c) of the Charter and of Articles 18, 58(1)(a) and 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 41(2)(a) of the Charter, of Articles 70(2) and 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 26(1) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Articles 18, 58(1)(a) and 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 55(1) of Commission Delegated Regulation (EU) 2018/625.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (OJ L 396, 30.12.2006, p. 1.)) (Text with EEA relevance) 2023/C 78/06
Date: 2023-03-02
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: chemical compound, chemical product, health control, health risk, market approval, marketing standard, pharmaceutical industry








C_2023078EN.01000601.xml










2.3.2023   


EN


Official Journal of the European Union


C 78/6






Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)


(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1)
)


(Text with EEA relevance)
(2023/C 78/06)

Decision granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation number


Authorised use


Date of expiry of review period


Reasons for the decision




C(2023) 1180


23 February 2023


4-(1,1,3,3-tetramethylbutyl)phenol, ethoxylated (‘4-tert-OPnEO’)
EC No.-; CAS No.-


Wallac Oy, Mustionkatu 6, 20750 Turku, Finland


REACH/23/5/0


Formulation of 4-tert-OPnEO (as Triton X-100) for use in the assay buffer for the GSP® Neonatal GALT kit used for the semi-quantitative determination of galactose-1-phosphate uridyl transferase (GALT) activity


4 January 2026


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health and the environment from the use of the substance and there are no suitable alternative substances or technologies.




REACH/23/5/1


In the assay buffer of the GSP® Neonatal GALT kit used for the semi-quantitative determination of galactose-1-phosphate uridyl transferase (GALT) activity






(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: Authorisation (europa.eu).
Case T-114/23: Action brought on 2 March 2023 — Papier-Mettler v EUIPO (Shape of a carrier bag)
Date: 2023-03-02
Institutions: General Court
Subjects: EU trade mark, packaging, registered trade mark, trade-mark law








C_2023127EN.01006001.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/60






Action brought on 2 March 2023 — Papier-Mettler v EUIPO (Shape of a carrier bag)
(Case T-114/23)
(2023/C 127/74)
Language of the case: German

Parties


Applicant: Papier-Mettler (Morbach, Germany) (represented by: D. Graetsch and M. Bergermann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU three-dimensional mark (Shape of a carrier bag) — Application No 18 580 606

Contested decision: Decision of the Second Board of Appeal of EUIPO of 19 December 2022 in Case R 765/2022-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred in the proceedings before the Board of Appeal.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Interest rate applied by the European Central Bank to its main refinancing operations (Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.): 3,00 % on 1 March 2023 Euro exchange rates (Source: reference exchange rate published by the ECB.) 1 March 2023 2023/C 78/05
Date: 2023-03-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2023078EN.01000501.xml










2.3.2023   


EN


Official Journal of the European Union


C 78/5






Interest rate applied by the European Central Bank to its main refinancing operations (1):
2,50 % on 1 March 2023
Euro exchange rates (2)

1 March 2023
(2023/C 78/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0684 




JPY


Japanese yen


144,82 




DKK


Danish krone


7,4431 




GBP


Pound sterling


0,88574 




SEK


Swedish krona


11,1000 




CHF


Swiss franc


0,9997 




ISK


Iceland króna


151,70 




NOK


Norwegian krone


11,0365 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,426 




HUF


Hungarian forint


373,58 




PLN


Polish zloty


4,6745 




RON


Romanian leu


4,9174 




TRY


Turkish lira


20,1798 




AUD


Australian dollar


1,5776 




CAD


Canadian dollar


1,4531 




HKD


Hong Kong dollar


8,3866 




NZD


New Zealand dollar


1,7048 




SGD


Singapore dollar


1,4316 




KRW


South Korean won


1 389,03 




ZAR


South African rand


19,3769 




CNY


Chinese yuan renminbi


7,3349 




IDR


Indonesian rupiah


16 273,43 




MYR


Malaysian ringgit


4,7784 




PHP


Philippine peso


58,762 




RUB


Russian rouble


 




THB


Thai baht


37,063 




BRL


Brazilian real


5,5535 




MXN


Mexican peso


19,4883 




INR


Indian rupee


88,0848 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case C-477/21, MÁV-START: Judgment of the Court (Second Chamber) of 2 March 2023 (request for a preliminary ruling from the Miskolci Törvényszék — Hungary) — IH v MÁV-START Vasúti Személyszállító Zrt. (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Article 31(2) of the Charter of Fundamental Rights of the European Union — Directive 2003/88/EC — Articles 3 and 5 — Daily rest and weekly rest — National legislation providing for a minimum weekly rest period of 42 hours — Obligation to grant daily rest — Rules for granting)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: arrangement of working time, labour law, rest period, working conditions








C_2023155EN.01001501.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/15






Judgment of the Court (Second Chamber) of 2 March 2023 (request for a preliminary ruling from the Miskolci Törvényszék — Hungary) — IH v MÁV-START Vasúti Személyszállító Zrt.
(Case C-477/21, (1) MÁV-START)
(Reference for a preliminary ruling - Social policy - Protection of the safety and health of workers - Organisation of working time - Article 31(2) of the Charter of Fundamental Rights of the European Union - Directive 2003/88/EC - Articles 3 and 5 - Daily rest and weekly rest - National legislation providing for a minimum weekly rest period of 42 hours - Obligation to grant daily rest - Rules for granting)
(2023/C 155/17)
Language of the case: Hungarian

Referring court

Miskolci Törvényszék

Parties to the main proceedings


Applicant: IH

Defendant: MÁV-START Vasúti Személyszállító Zrt.

Operative part of the judgment







1.


Article 5 of 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, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that the daily rest period provided for in Article 3 of that directive does not form part of the weekly rest period referred to in Article 5 of that directive, but is additional to it.










2.


Articles 3 and 5 of Directive 2003/88, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that where national legislation provides for a weekly rest period exceeding 35 consecutive hours, the worker must be granted, in addition to that period, the daily rest as guaranteed by Article 3 of that directive.










3.


Article 3 of Directive 2003/88, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that where a worker is granted a weekly rest period, he or she is also entitled to a daily rest period preceding that weekly rest period.






(1)  OJ C 471, 22.11.2021.
State aid – Decision to raise no objections 2023/C 78/07
Date: 2023-03-02
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, control of State aid, credit guarantee, electrical energy, energy crisis, price of energy








C_2023078EN.01000701.xml










2.3.2023   


EN


Official Journal of the European Union


C 78/7






State aid – Decision to raise no objections
(2023/C 78/07)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


7 November 2022




Case No


89494




Decision No


199/22/COL




EFTA State


Norway




Title (and/or name of the beneficiary)


Temporary Crisis Framework: Guarantee scheme for undertakings particularly affected by the severe increase in electricity prices




Legal basis


The Parliamentary Decision of 27 October 2022, authorising the measure and its budget, as set out in Innst. 34 S (2022–2023), based on the Government proposal in Prop. 142 S (2021- 2022) and the regulation from the Ministry of Trade, Industry and Fisheries to Export Finance Norway.




Type of measure


Scheme




Objective


To ensure that companies that under normal market conditions would be able to cover their electricity costs and be creditworthy, but that are particularly affected by the severe rise in electricity prices and face acute liquidity needs due to those price increases, are able to secure liquidity.




Form of aid


Guarantees




Budget


NOK 1 billion




Intensity


Guarantees will not exceed 90 % of the lowest of (i) 15 % of the average annual turnover for the last three closed accounting periods, and (ii) 50 % of energy costs over the 12 months preceding the month when the application for aid is submitted.




Duration


8 November 2022 – 31 March 2023




Economic sectors


The scheme is not limited to selected sectors. Credit institutions and other financial institutions are excluded as eligible financial beneficiaries.




Name and address of the granting authority







Eksfin – Export Finance Norway




Postal address:




PB 1763 Vika




N-0122 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/.