do-me/EUR-LEX huggingface dataset:
Case C-644/23, Stangalov: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 26 October 2023 — Criminal proceedings against IR
Date: 2023-10-26
Institutions: Court of Justice
Subjects: access to the courts, appeal, charge, criminal proceedings, penalty, right to justice, rights of the defence








C_202400534EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/534


8.1.2024





Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 26 October 2023 — Criminal proceedings against IR
(Case C-644/23, Stangalov (1))
(C/2024/534)
Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Defendant

IR

Questions referred

Is Article 9 of Directive 2016/343, (2) read in conjunction with Article 8(4) and (2) thereof, compatible with a provision of national law — the first alternative in the second sentence of Article 423(1) of the NPK — under which a defendant who has been convicted in absentia has no right to a new trial in his or her presence if he or she absconded after having been informed of the accusation in the most general terms during the pre-trial stage and it was that very absconding which prevented that defendant from being informed of the full charges, the trial initiated pursuant to those charges or the consequences of non-appearance at that trial — and that defendant also has no right to a new trial in his or her presence if he or she is defended by a lawyer appointed of the court’s own motion, regardless of the fact that the defendant has no contact with that lawyer?
If the first question is answered in the negative, do Article 8 of Directive 2016/343 and Article 47 of the Charter oblige or allow the referring court to refuse to examine the merits of the charges brought against such a defendant and refuse to deliver a judgment in absentia against him or her if that court is convinced, on the basis of reliable information, that the supreme national judicial authority, which has exclusive jurisdiction to decide on an application made by a defendant convicted in absentia for a new trial in his or her presence, will not grant such an application in the main proceedings and will not reopen the proceedings, in so far as it will not apply the rule set out in Article 9 of the directive, read in conjunction with Article 8(4) and (2) thereof, but will instead apply the national law and thereby deprive the defendant convicted in absentia of the right, guaranteed by EU law, to be present in the criminal proceedings?


(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65, p. 1).


ELI: http://data.europa.eu/eli/C/2024/534/oj
ISSN 1977-091X (electronic edition)
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections – SA.108758 – (Text with EEA relevance)
Date: 2023-10-26
Institutions: Directorate-General for Competition, European Commission
Subjects: Netherlands, State aid, archives, arts, control of State aid, cultural policy, library








C_202300436EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/436


26.10.2023






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
SA.108758
(Text with EEA relevance)
(C/2023/436)







Date of adoption of the decision


22.9.2023




Aid number


SA.108758




Member State


Netherlands




Region


 




Title (title and/or name of the beneficiary)


Multiplier Giftenaftrek-Verlenging




Legal basis


Artikel 6.39a van de Wet op de inkomstenbelasting 2001 (https://wetten.overheid.nl/BWBR0011353/2023-07-01) en artikel 16, lid 4 van de Wet op de Vennootschapsbelasting 1969 (https://wetten.overheid.nl/BWBR0002672/2023-01-01)




Type of measure


Scheme




Objective


Culture




Form of aid


Other, Tax base reduction




Budget


Overall budget: 54 000 000  EUR
Annual budget: 9 000 000  EUR




Intensity


 




Duration


1.1.2024 — 31.12.2029




Economic sectors


Creative, arts and entertainment activities, Libraries, archives, museums and other cultural activities




Name and address of the granting authority


Dutch Ministry of Finance
Postbus 16375 2500 BJ Den Haag




Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://competition-cases.ec.europa.eu/search?caseInstrument=SA


ELI: http://data.europa.eu/eli/C/2023/436/oj
ISSN 1977-091X (electronic edition)
Euro exchange rates – 25 October 2023
Date: 2023-10-26
Institutions: European Commission
Subjects: euro, exchange rate, money








C_202300284EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/284


26.10.2023






Euro exchange rates (1)


            25 October 2023
         
(C/2023/284)


1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0576 




JPY


Japanese yen


158,55 




DKK


Danish krone


7,4639 




GBP


Pound sterling


0,87240 




SEK


Swedish krona


11,7715 




CHF


Swiss franc


0,9474 




ISK


Iceland króna


147,30 




NOK


Norwegian krone


11,8380 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,693 




HUF


Hungarian forint


385,30 




PLN


Polish zloty


4,4825 




RON


Romanian leu


4,9626 




TRY


Turkish lira


29,7334 




AUD


Australian dollar


1,6678 




CAD


Canadian dollar


1,4549 




HKD


Hong Kong dollar


8,2728 




NZD


New Zealand dollar


1,8166 




SGD


Singapore dollar


1,4484 




KRW


South Korean won


1 427,17 




ZAR


South African rand


20,2421 




CNY


Chinese yuan renminbi


7,7381 




IDR


Indonesian rupiah


16 792,94 




MYR


Malaysian ringgit


5,0553 




PHP


Philippine peso


60,135 




RUB


Russian rouble


 




THB


Thai baht


38,275 




BRL


Brazilian real


5,2863 




MXN


Mexican peso


19,3238 




INR


Indian rupee


87,9665 






(1)  
            Source: reference exchange rate published by the ECB.


ELI: http://data.europa.eu/eli/C/2023/284/oj
ISSN 1977-091X (electronic edition)
Non-opposition to a notified concentration (Case M.11128 – IBERDROLA / BP / JV)
Date: 2023-10-26
Institutions: Directorate-General for Competition, European Commission
Subjects: digital transformation, economic concentration, electric vehicle, electricity storage device, energy industry, extraction of oil, gas industry, land transport, merger control, renewable energy








C_202403691EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3691


11.6.2024






Non-opposition to a notified concentration
(Case M.11128 – IBERDROLA / BP / JV)
(Text with EEA relevance)
(C/2024/3691)

On 26 October 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11128. EUR-Lex is the online point of access to European Union law.






(1)  
            OJ L 24, 29.1.2004, p. 1.


ELI: http://data.europa.eu/eli/C/2024/3691/oj
ISSN 1977-091X (electronic edition)
Commission Communication
Date: 2023-10-26
Institutions: Directorate-General for Education, Youth, Sport and Culture, European Commission
Subjects: Czechia, European cultural event, European symbol, South Bohemian Region, capital city








C_202300569EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/569


26.10.2023







            COMMISSION COMMUNICATION
         
(C/2023/569)

The European Capital of Culture 2028 in the Czech Republic is Budweis (České Budějovice).


ELI: http://data.europa.eu/eli/C/2023/569/oj
ISSN 1977-091X (electronic edition)
Case C-610/22, Agos Ducato: Judgment of the Court (Seventh Chamber) of 26 October 2023 (request for a preliminary ruling from the Tribunale di Pistoia — Italy) — QX v Agos Ducato SpA (Reference for a preliminary ruling — Dispute in the main proceedings which has become devoid of purpose — No need to adjudicate)
Date: 2023-10-26
Institutions: Court of Justice
Subjects: consumer credit, consumer information, contract terms, cost of borrowing, national implementing measure








C_202301113EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1113


4.12.2023





Judgment of the Court (Seventh Chamber) of 26 October 2023 (request for a preliminary ruling from the Tribunale di Pistoia — Italy) — QX v Agos Ducato SpA
(Case C-610/22, (1) Agos Ducato)
(Reference for a preliminary ruling - Dispute in the main proceedings which has become devoid of purpose - No need to adjudicate)
(C/2023/1113)
Language of the case: Italian

Referring court

Tribunale di Pistoia

Parties to the main proceedings


Applicant: QX

Defendant: Agos Ducato SpA

Operative part of the judgment

There is no need to adjudicate on the request for a preliminary ruling made by the Tribunale di Pistoia (District Court, Pistoia, Italy), by decision of 27 August 2022.


(1)  
            OJ C 482, 19.12.2022.


ELI: http://data.europa.eu/eli/C/2023/1113/oj
ISSN 1977-091X (electronic edition)
Case C-645/23, Hera Comm: Request for a preliminary ruling from the Corte d’appello di Bologna (Italy) lodged on 26 October 2023 — Hera Comm SpA v Falconeri Srl
Date: 2023-10-26
Institutions: Court of Justice
Subjects: electrical energy, excise duty, indirect tax, tax collection, tax law








C_202401083EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1083


5.2.2024





Request for a preliminary ruling from the Corte d’appello di Bologna (Italy) lodged on 26 October 2023 — Hera Comm SpA v Falconeri Srl
(Case C-645/23, Hera Comm)
(C/2024/1083)
Language of the case: Italian

Referring court

Corte d’appello di Bologna

Parties to the main proceedings


Appellant: Hera Comm SpA

Respondent: Falconeri Srl

Questions referred







1.


Does an additional tax on electricity excise duty, levied by the Member State as a fraction or multiple of the excise duty to which the product is already subject, fall within the concept of ‘other indirect taxes’ referred to in Article 1(2) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC, (1) or must it be understood as a mere increase in the rate of the excise duty, with the result that the Member State is at liberty not to use it for the ‘specific purposes’ required by Article 1(2) of Directive 2008/118/EC?










2.


If the additional tax on electricity excise duty falls within the concept of ‘other indirect taxes’, must Article 1(2) of Council Directive 2008/118/EC of 16 December 2008 be interpreted as meaning that it meets the conditions for being relied on by a private individual before a national court for the purposes of:






—


challenging the seller of the product subject to the additional excise duty, to which the private individual has paid the indirect tax, on the ground that the Member State’s tax charge to the vendor is unlawful because it is based on a national provision contrary to the Directive;










—


as a result, recovering from the vendor the undue payment that it claimed from him?










(1)  
            OJ 2009 L 9, p. 12.


ELI: http://data.europa.eu/eli/C/2024/1083/oj
ISSN 1977-091X (electronic edition)
Case C-249/22, GIS: Judgment of the Court (Fifth Chamber) of 26 October 2023 (Request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — BM v Gebühren Info Service GmbH (GIS) (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Supply of services for consideration — Concept — Activities of a public radio and television body financed by a compulsory fee paid by persons in possession of a radio and television receiver in the terrestrial broadcasting area — Article 378(1) and point 2 of Part A of Annex X — Act of accession of the Republic of Austria — Derogation — Scope)
Date: 2023-10-26
Institutions: Court of Justice
Subjects: VAT, broadcasting, provision of services, public institution, quasi-fiscal charge, taxable income, television equipment








C_202301108EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1108


4.12.2023





Judgment of the Court (Fifth Chamber) of 26 October 2023 (Request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — BM v Gebühren Info Service GmbH (GIS)
(Case C-249/22, (1) GIS)
(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 2(1)(c) - Supply of services for consideration - Concept - Activities of a public radio and television body financed by a compulsory fee paid by persons in possession of a radio and television receiver in the terrestrial broadcasting area - Article 378(1) and point 2 of Part A of Annex X - Act of accession of the Republic of Austria - Derogation - Scope)
(C/2023/1108)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: BM

Defendant: Gebühren Info Service GmbH (GIS)

in the presence of: Bundesministerium für Finanzen, Österreichischer Rundfunk

Operative part of the judgment

Article 2(1)(c) and Article 378(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with Article 151(1) and the second indent of the first subparagraph of point 2(h) of Part IX of Annex XV to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded
must be interpreted as not precluding the Republic of Austria from imposing value added tax on a public broadcasting activity, financed by a compulsory statutory fee and paid by any person operating a broadcast receiver in a building within the terrestrial broadcasting area of the public broadcasting body concerned, irrespective of whether the public broadcasting activity concerned is covered by the concept of a ‘supply of services for consideration’ within the meaning of Article 2(1)(c) of Directive 2006/112.


(1)  
            OJ C 237, 20.6.2022.


ELI: http://data.europa.eu/eli/C/2023/1108/oj
ISSN 1977-091X (electronic edition)
Council Decision (CFSP) 2023/2423 of 26 October 2023 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
Date: 2023-10-26
Institutions: Council of the European Union
Subjects: EU restrictive measure, Moldova, economic sanctions, international sanctions




L_202302423EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2423


27.10.2023







            COUNCIL DECISION (CFSP) 2023/2423
of 26 October 2023
         
amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).












(2)


On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2024. The Council will carry out a review of the situation with regard to the restrictive measures after six months.












(3)


Decision 2010/573/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 4 of Decision 2010/573/CFSP, paragraph 2 is replaced by the following:


‘2.   This Decision shall apply until 31 October 2024. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’

.

Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 26 October 2023.


For the Council


The President

P. NAVARRO RÍOS
            





(1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).


ELI: http://data.europa.eu/eli/dec/2023/2423/oj
ISSN 1977-0677 (electronic edition)
Case C-643/23, Agenciart — Management Artístico: Request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 26 October 2023 — Agenciart — Management Artístico, Sociedade Unipessoal, Lda. v CT
Date: 2023-10-26
Institutions: Court of Justice
Subjects: artistic profession, commercial transaction, deadline for payment, entrepreneurship, self-employed person








C_202401237EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1237


12.2.2024





Request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 26 October 2023 — Agenciart — Management Artístico, Sociedade Unipessoal, Lda. v CT
(Case C-643/23, Agenciart — Management Artístico)
(C/2024/1237)
Language of the case: Portuguese

Referring court

Tribunal da Relação de Lisboa

Parties to the main proceedings


Applicant: Agenciart — Management Artístico, Sociedade Unipessoal, Lda.

Defendant: CT

Question referred

Should a natural person who habitually carries on the acting profession on a freelance basis for financial remuneration be categorised as an ‘undertaking’ within the meaning and for the purposes of recital 5 and Article 2(3) of Directive 2011/7/EU (1) of the European Parliament and of the Council of 16 February 2011, even though that person has no organised structure of resources (merely carrying on that activity but having no premises of his or her own, staff or tools or equipment related to the professional activity)?


(1)  Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ 2011 L 48, p. 1).


ELI: http://data.europa.eu/eli/C/2024/1237/oj
ISSN 1977-091X (electronic edition)
Case T-481/22: Order of the General Court of 26 October 2023 — Group of processors and producers of sheepmilk and goatmilk v EUIPO — Kolios (HALLOUMAKI) (EU trade mark — Opposition proceedings — Withdrawal of the application for registration — No need to adjudicate)
Date: 2023-10-26
Institutions: General Court
Subjects: EU trade mark, business administration, business management, company growth, provision of services, registered trade mark, trade-mark law








C_202400743EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/743


22.1.2024





Order of the General Court of 26 October 2023 — Group of processors and producers of sheepmilk and goatmilk v EUIPO — Kolios (HALLOUMAKI)
(Case T-481/22) (1)

(EU trade mark - Opposition proceedings - Withdrawal of the application for registration - No need to adjudicate)
(C/2024/743)
Language of the case: English

Parties


Applicant: Group of processors and producers of sheepmilk and goatmilk (Nicosia, Cyprus) (represented by: S. Malynicz, Barrister-at-law, and C. Milbradt, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Gája, D. Stoyanova-Valchanova and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Kolios AE Elliniki Viomichania Galaktos (Kilkis, Greece)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 May 2022 (Case R 1941/2021-5).

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Group of processors and producers of sheepmilk and goatmilk shall pay its own costs and the costs incurred by the European Union Intellectual Property Office (EUIPO).






(1)  
            OJ C 368, 26.9.2022.


ELI: http://data.europa.eu/eli/C/2024/743/oj
ISSN 1977-091X (electronic edition)
Case C-642/23, flightright: Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 26 October 2023 — flightright GmbH v Etihad Airways P.J.S.C.
Date: 2023-10-26
Institutions: Court of Justice
Subjects: carriage of passengers, civil aviation, indemnification, passenger rights, payment, ticket, traveller








C_202400936EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/936


29.1.2024





Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 26 October 2023 — flightright GmbH v Etihad Airways P.J.S.C.
(Case C-642/23, flightright)
(C/2024/936)
Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings


Appellant: flightright GmbH

Respondent: Etihad Airways P.J.S.C.

Questions referred







1.


Is Article 8(1)(a) in conjunction with Article 7(3) of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that an effective signed agreement of the passenger to the reimbursement of ticket costs in the form of travel vouchers and credit notes exists where the passenger has set up an electronic customer account him or herself via the airline’s website to which the travel vouchers and credit notes are to be transferred without having confirmed his or her agreement to this type of reimbursement with a handwritten signature?










2.


If Question 1 is answered in the affirmative: Can a passenger revoke his or her agreement, once effectively given, to reimbursement of the ticket costs in the form of travel vouchers and credit notes and again demand performance to be effected by payment in cash if the airline does not subsequently credit the promised travel vouchers and credit notes to the customer account?






(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).


ELI: http://data.europa.eu/eli/C/2024/936/oj
ISSN 1977-091X (electronic edition)