do-me/EUR-LEX huggingface dataset:
Corrigendum to Commission Decision (EU) 2023/1313 of 22 June 2023 approving, on behalf of the European Union, the amendments to Annex 14-B of the Agreement between the European Union and Japan for an Economic Partnership (Official Journal of the European Union L 162 of 28 June 2023)
Date: 2023-09-07
Institutions: European Commission, Secretariat-General
Subjects: Japan, cooperation agreement (EU), designation of origin, economic cooperation, labelling, product designation, revision of an agreement








L_2023220EN.01002201.xml










7.9.2023   


EN


Official Journal of the European Union


L 220/22







Corrigendum to Commission Decision (EU) 2023/1313 of 22 June 2023 approving, on behalf of the European Union, the amendments to Annex 14-B of the Agreement between the European Union and Japan for an Economic Partnership

(
Official Journal of the European Union L 162 of 28 June 2023
)


On page 63, in Annex 2, first column:
for:


                  ‘Sanuki shiro miso’,

read:


                  ‘sanuki shiro miso’.
Case C-384/22: Judgment of the Court (Tenth Chamber) of 7 September 2023 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Protection of health — Directive 2013/59/Euratom — Basic safety standards for protection against the dangers arising from exposure to ionising radiation — Article 106 — Transposition — Failure to transpose or to communicate the measures taken within the prescribed time limit)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: health risk, infringement of EU law, ionising radiation, national implementing measure, occupational safety, radiation protection, safety standard








C_202300200EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/200


23.10.2023





Judgment of the Court (Tenth Chamber) of 7 September 2023 — European Commission v Kingdom of Spain
(Case C-384/22) (1)

(Failure of a Member State to fulfil obligations - Protection of health - Directive 2013/59/Euratom - Basic safety standards for protection against the dangers arising from exposure to ionising radiation - Article 106 - Transposition - Failure to transpose or to communicate the measures taken within the prescribed time limit)
(C/2023/200)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: E. Sanfrutos Cano and R. Tricot, acting as Agents)

Defendant: Kingdom of Spain (represented by: initially J. Rodríguez de la Rúa Puig, and subsequently A. Ballesteros Panizo, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply fully with Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, and by failing to communicate to the European Commission the text of the provisions adopted to ensure the full transposition of that directive, the Kingdom of Spain has failed to fulfil its obligations under that directive and, in particular, under Article 106(1) and (3) thereof;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  
            OJ C 303, 8.8.2022.


ELI: http://data.europa.eu/eli/C/2023/200/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11114 – SWOCTEM / KLÖCKNER) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 317/11
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, holding company, iron and steel industry, merger control, metal product, metalworking, service








C_2023317EN.01001701.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/17







Prior notification of a concentration
(Case M.11114 – SWOCTEM / KLÖCKNER)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 317/11)


1.   
On 31 August 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


SWOCTEM GmbH (‘SWOCTEM’, Germany), controlled by Prof. Dr.-Ing. E.h. Friedhelm Loh,










—


Klöckner & Co SE (‘Klöckner’, Germany).




SWOCTEM will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Klöckner.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


SWOCTEM is is a holding company solely owned and controlled by Prof. Dr.-Ing. E.h. Friedhelm Loh who also owns and controls the Friedhelm Loh Group. The Friedhelm Loh Group comprises a portfolio of companies active across a range of sectors, including among others Stahlo, an operator of steel service centers in Germany,










—


Klöckner is is primarily active in the stockholding distribution of steel (including stainless steel), aluminium, plastic and other industrial products as well as operating steel service centres and oxy-cutting centres.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.11114 – SWOCTEM / KLÖCKNER
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  
            OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  
            OJ C 366, 14.12.2013, p. 5.
Case C-453/22, Schütte: Judgment of the Court (Eighth Chamber) of 7 September 2023 (request for a preliminary ruling from the Finanzgericht Münster — Germany) — Michael Schütte v Finanzamt Brilon (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Principle of VAT neutrality — Principle of effectiveness — VAT rate set too high on a purchase invoice — Reimbursement of the overpaid tax — Direct action against the tax authorities — Effect of the risk of a double reimbursement of the same VAT)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: VAT, claim, interest, invoicing, limitation of legal proceedings, subcontracting, tax authorities, tax offence, tax rebate








C_202300201EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/201


23.10.2023





Judgment of the Court (Eighth Chamber) of 7 September 2023 (request for a preliminary ruling from the Finanzgericht Münster — Germany) — Michael Schütte v Finanzamt Brilon
(Case C-453/22, (1) Schütte)
(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Principle of VAT neutrality - Principle of effectiveness - VAT rate set too high on a purchase invoice - Reimbursement of the overpaid tax - Direct action against the tax authorities - Effect of the risk of a double reimbursement of the same VAT)
(C/2023/201)
Language of the case: German

Referring court

Finanzgericht Münster

Parties to the main proceedings


Applicant: Michael Schütte

Defendant: Finanzamt Brilon

Operative part of the judgment

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 value added tax (VAT) neutrality and the principle of effectiveness
must be interpreted as requiring that a receiver of supplies of goods has a direct right to claim from the tax authorities the reimbursement of improperly invoiced VAT paid to his or her suppliers and paid by those suppliers to the public purse, together with related interest, in circumstances where, first, that receiver cannot be criticised for fraud, abuse or negligence but cannot claim that reimbursement from those suppliers due to the limitation period provided for by national law and, second, there is a procedural possibility of those suppliers subsequently claiming reimbursement of the overpaid tax from the tax authorities after having adjusted the invoices that were issued initially to the receiver of those supplies. Failing reimbursement of the VAT improperly charged by the tax authorities within a reasonable time, the damage suffered on account of the unavailability of the amount equivalent to that improperly charged VAT must be compensated by the payment of default interest.


(1)  
            OJ C 368, 26.9.2022.


ELI: http://data.europa.eu/eli/C/2023/201/oj
ISSN 1977-091X (electronic edition)
Notice of the impending expiry of certain anti-dumping measures 2023/C 317/05
Date: 2023-09-07
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, aluminium, anti-dumping duty, import (EU), originating product, thin sheet








C_2023317EN.01000601.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/6







Notice of the impending expiry of certain anti-dumping measures
(2023/C 317/05)


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)





Aluminium foil in rolls


The People’s Republic of China


Anti-dumping duty


Commission Implementing Regulation (EU) 2019/915 of 4 June 2019 imposing a definitive anti-dumping duty on imports of certain aluminium foil in rolls originating in the People's Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 146, 5.6.2019, p. 63)


6.6.2024










(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 T-198/23: Order of the General Court of 7 September 2023 — USF/EPSU-CJ v Court of Justice of the European Union
Date: 2023-09-07
Institutions: General Court
Subjects: European official, civil servants’ union, dismissal, dissemination of information, personnel administration, powers of the institutions (EU), right to information, rights of the defence, staff regulations (EU), trade union








C_202300360EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/360


30.10.2023





Order of the General Court of 7 September 2023 — USF/EPSU-CJ v Court of Justice of the European Union
(Case T-198/23) (1)

(C/2023/360)
Language of the case: French
The President of the Tenth Chamber has ordered that the case be removed from the register.


(1)  
            OJ C 205, 12.6.2023.


ELI: http://data.europa.eu/eli/C/2023/360/oj
ISSN 1977-091X (electronic edition)
Case C-803/21 P: Judgment of the Court (First Chamber) of 7 September 2023 — Versobank AS v Ukrselhosprom PCF LLC, European Central Bank, European Commission (Appeal — Prudential supervision of credit institutions — Specific supervisory tasks assigned to the European Central Bank (ECB) — Decision to withdraw the authorisation of the credit institution Versobank AS — Division of powers between the ECB and the national competent authorities — Procedural rights — Procedural defects)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: EU banking union, banking supervision, credit institution, division of powers, financial supervision, trade licence








C_202300190EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/190


23.10.2023





Judgment of the Court (First Chamber) of 7 September 2023 — Versobank AS v Ukrselhosprom PCF LLC, European Central Bank, European Commission
(Case C-803/21 P) (1)

(Appeal - Prudential supervision of credit institutions - Specific supervisory tasks assigned to the European Central Bank (ECB) - Decision to withdraw the authorisation of the credit institution Versobank AS - Division of powers between the ECB and the national competent authorities - Procedural rights - Procedural defects)
(C/2023/190)
Language of the case: English

Parties


Appellant: Versobank AS (represented by: O. Behrends, Rechtsanwalt)

Other parties to the proceedings: Ukrselhosprom PCF LLC, European Central Bank (ECB) (represented by: E. Koupepidou, S. Letocart and G. Marafioti, acting as Agents), European Commission (represented by: A. Nijenhuis, A. Steiblytė and D. Triantafyllou, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Versobank AS to bear its own costs and to pay those incurred by the European Central Bank (ECB);










3.


Orders the European Commission to bear its own costs.






(1)  
            OJ C 73, 14.2.2022.


ELI: http://data.europa.eu/eli/C/2023/190/oj
ISSN 1977-091X (electronic edition)
Case C-323/22, KRI: Judgment of the Court (Tenth Chamber) of 7 September 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — KRI SpA, legal successor of SI.LO.NE. — Sistema logistico nord-est Srl v Agenzia delle Dogane e dei Monopoli (Reference for a preliminary ruling — Free movement of goods — Excise duties — Directive 92/12/EEC — Article 6(1)(a) — Chargeability of excise duty — Irregular departure from a suspension arrangement — Unlawful act solely attributable to a third party — Falsification of the accompanying administrative document — Article 14(1) — Exemption for losses occurring under the suspension arrangement — Fortuitous events or force majeure — Liability of the authorised warehousekeeper)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: carriage of goods, counterfeiting, customs document, excise duty, free movement of goods, storage, tax exemption








C_202300199EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/199


23.10.2023





Judgment of the Court (Tenth Chamber) of 7 September 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — KRI SpA, legal successor of SI.LO.NE. — Sistema logistico nord-est Srl v Agenzia delle Dogane e dei Monopoli
(Case C-323/22, (1) KRI)
(Reference for a preliminary ruling - Free movement of goods - Excise duties - Directive 92/12/EEC - Article 6(1)(a) - Chargeability of excise duty - Irregular departure from a suspension arrangement - Unlawful act solely attributable to a third party - Falsification of the accompanying administrative document - Article 14(1) - Exemption for losses occurring under the suspension arrangement - Fortuitous events or force majeure - Liability of the authorised warehousekeeper)
(C/2023/199)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicant: KRI SpA, legal successor of SI.LO.NE. — Sistema logistico nord-est Srl

Defendant: Agenzia delle Dogane e dei Monopoli

Operative part of the judgment

The first sentence of Article 14(1) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products
must be interpreted as meaning that the exemption from tax laid down in that provision does not apply to the warehousekeeper, which is liable for the payment of duty, in the case of a departure from the suspension arrangement owing to an unlawful act solely attributable to a third party, even where the warehousekeeper was wholly uninvolved in that unlawful act and had a legitimate expectation that the goods moved in accordance with the rules under the arrangement for the suspension of duty.


(1)  
            OJ C 294, 1.8.2022.


ELI: http://data.europa.eu/eli/C/2023/199/oj
ISSN 1977-091X (electronic edition)
Case C-135/22 P: Judgment of the Court (Tenth Chamber) of 7 September 2023 — Patrick Breyer v European Research Executive Agency (Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception to the right of access — Protection of commercial interests — Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) — Documents relating to the ‘iBorderCtrl: Intelligent Portable Border Control System’ research project — Decision of the European Research Executive Agency (REA) refusing access to certain information — Overriding public interest)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: Framework Programme for Research and Development, access to EU information, artificial intelligence, border control, confidentiality, migration control, new technology, research and development, research project, trade information








C_202300193EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/193


23.10.2023





Judgment of the Court (Tenth Chamber) of 7 September 2023 — Patrick Breyer v European Research Executive Agency
(Case C-135/22 P) (1)

(Appeal - Access to documents of the institutions of the European Union - Regulation (EC) No 1049/2001 - First indent of Article 4(2) - Exception to the right of access - Protection of commercial interests - Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) - Documents relating to the ‘iBorderCtrl: Intelligent Portable Border Control System’ research project - Decision of the European Research Executive Agency (REA) refusing access to certain information - Overriding public interest)
(C/2023/193)
Language of the case: German

Parties


Appellant: Patrick Breyer (represented by: J. Breyer, Rechtsanwalt)

Other party to the proceedings: European Research Executive Agency (represented by: V. Canetti and S. Payan-Lagrou, acting as Agents, and by R. van der Hout and C. Wagner, Rechtsanwälte)

Intervener in support of the respondent: European Commission (represented by F. Erlbacher, A.-C. Simon and A. Spina, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Patrick Breyer to bear his own costs and to pay those incurred by the European Research Executive Agency (REA);










3.


Orders the European Commission to bear its own costs.






(1)  
            OJ C 171, 25.4.2022.


ELI: http://data.europa.eu/eli/C/2023/193/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11098 - JACQUET METALS / SWISS STEEL COMPANIES) (Text with EEA relevance) 2023/C 317/08
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: distributor, economic concentration, iron and steel product, merger control








C_2023317EN.01001101.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/11







Prior notification of a concentration
(Case M.11098 - JACQUET METALS / SWISS STEEL COMPANIES)
(Text with EEA relevance)
(2023/C 317/08)


1.   
On 29 August 2023, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Jacquet Metals S.A. (‘Jacquet Metals’, France), belonging to the holding Jacquet Metals S.A.,










—


Swiss Steel s.r.o (Czech Republic), Swiss Steel Baltic OÜ (Estonia), Swiss Steel Magyarorszag Kft (Hungary), Swiss Steel Baltic SIA (Latvia), Swiss Steel Baltic, UAB (Lithuania), Swiss Steel Polska Sp.z.o.o. (Poland) and Swiss Steel Slovakia s.r.o (Slovakia) (the ‘Targets’), belonging to the Swiss Steel group.




Jacquet Metals will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the Targets.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Jacquet Metals is active in the distribution of specialty steel products and stainless steel products. In particular, its IMS Group division is active in the distribution of engineering steel products, Jacquet division in distribution of stainless steel and nickel alloy quarto plates and Stappert division in distribution of long stainless steel products. All are active in various European Member States.










—


Swiss Steel Group owns the Targets, all active in the distribution of steel products, in particular carbon steel, stainless steel products, and special steel to a lesser extent. The Targets are active mainly in their respective countries of incorporation, and, to a lesser extent, in other EU Member States.






3.   

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.



4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.11098 - JACQUET METALS / SWISS STEEL COMPANIES
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  
            OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).