larimo/cjeu-paragraph-retrieval huggingface dataset:
CJEU case 62016CJ0128 (2018-07-25)
Subject: Competition; State aids
Keywords: Appeal; State aid; Article 107(1) TFEU; Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system); Identification of the beneficiaries of the aid; Condition relating to selectivity; Distortion of competition and effect on trade between Member States; Obligation to state reasons
CJEU case 62017CJ0140 (2018-07-25)
Subject: Taxation; Value added tax
Keywords: Reference for a preliminary ruling; Value added tax (VAT); Directive 2006/112/EC; Articles 167, 168 and 184; Deduction of input tax; Adjustment; Immovable property acquired as capital goods; Initial allocation to an activity which does not confer entitlement to deduct input tax and subsequently also to an activity subject to VAT; Public body; Taxable-person status at the time of the taxable transaction
CJEU case 62017CJ0268 (2018-07-25)
Subject: judicial cooperation in criminal matters; area of freedom, security and justice; police cooperation
Keywords: Reference for a preliminary ruling; Judicial cooperation in criminal matters; European arrest warrant; Framework Decision 2002/584/JHA; Article 1(2), Article 3(2) and Article 4(3); Grounds for the refusal to execute; Closure of criminal proceedings; Principle ne bis in idem; Requested person who had the status of a witness in previous proceedings concerning the same acts; Issue of several European arrest warrants against the same person
CJEU case 62016CJ0528 (2018-07-25)
Subject: Agriculture and Fisheries; Approximation of laws; Environment
Keywords: Reference for a preliminary ruling; Deliberate release of genetically modified organisms into the environment; Mutagenesis; Directive 2001/18/EC; Articles 2 and 3; Annexes I A and I B; Concept of ‘genetically modified organism’; Techniques/methods of genetic modification conventionally used and deemed to be safe; New techniques/methods of mutagenesis; Risks for human health and the environment; Discretion of the Member States when transposing the directive; Directive 2002/53/EC; Common catalogue of varieties of agricultural plant species; Herbicide-tolerant plant varieties; Article 4; Acceptability of genetically modified varieties obtained by mutagenesis for inclusion in the common catalogue; Human health and environmental protection requirement; Exemption
CJEU case 62017CJ0129 (2018-07-25)
Subject: Trade marks; Intellectual, industrial and commercial property
Keywords: Reference for a preliminary ruling; EU trade mark; Directive 2008/95/EC; Article 5; Regulation (EC) No 207/2009; Article 9; Trade mark proprietor entitled to oppose the removal by a third party of all the signs identical to that mark and the affixing of new signs on goods identical to those for which that mark has been registered with a view to importing or placing them on the market in the European Economic Area (EEA)
CJEU case 62017CJ0121 (2018-07-25)
Subject: Approximation of laws; Intellectual, industrial and commercial property
Keywords: Reference for a preliminary ruling; Medicinal products for human use; Treatment of human immunodeficiency virus (HIV); Originator medicines and generic medicines; Supplementary protection certificate; Regulation (EC) No 469/2009; Article 3(a); Conditions for obtaining; Concept of a ‘product protected by a basic patent in force’; Criteria for assessment
CJEU case 62017CJ0445 (2018-07-25)
Subject: Common customs tariff; Free movement of goods; Customs Union
Keywords: Reference for a preliminary ruling; Common Customs Tariff; Combined Nomenclature; Tariff classification; Headings 8703, 8704 and 8705; Hearses
CJEU case 62017CJ0084 (2018-07-25)
Subject: Intellectual, industrial and commercial property; Trade marks
Keywords: Appeal; EU trade mark; Three-dimensional mark representing the shape of a four-fingered chocolate bar; Appeal directed against the grounds; Inadmissibility; Regulation (EC) No 207/2009; Article 7(3); Evidence of distinctive character acquired through use
CJEU case 62016CJ0123 (2018-07-25)
Subject: Competition; Dominant position
Keywords: Appeal; Competition; Article 102 TFEU; Abuse of dominant position; Polish wholesale market for fixed broadband internet access; Refusal to give access to the network and to supply wholesale products; Regulation (EC) No 1/2003; Article 7(1); Article 23(2)(a); Legitimate interest in finding an infringement which has come to an end; Calculation of the fine; 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003; Gravity; Mitigating circumstances; Investments made by the infringing undertaking; Review of legality; Review exercising powers of unlimited jurisdiction; Substitution of grounds
CJEU case 62016CJ0135 (2018-07-25)
Subject: Transport; Competition; State aids
Keywords: Reference for a preliminary ruling; State aid; Scheme for the support of renewable electricity sources and energy-intensive users; Decision (EU) 2015/1585; Validity in the light of Article 107 TFEU; Admissibility; Failure by the applicants in the main proceedings to bring an action for annulment
CJEU case 62017CJ0103 (2018-07-25)
Subject: Taxation; Excise duties; Energy
Keywords: Reference for a preliminary ruling; Harmonisation of fiscal legislation; Directive 92/12/EEC; Article 3(2); Directive 2003/96/EC; Articles 3 and 18; Taxation of energy products and electricity; Excise duties; Existence of another indirect tax; Conditions; National legislation providing for a contribution to the public electricity service; Definition of ‘specific purposes’; Compliance with a minimum level of taxation
CJEU case 62017CJ0574 (2018-07-25)
Subject: Customs Union; Common customs tariff; Free movement of goods
Keywords: Appeal; Customs union; Regulation (EEC) No 2913/92; Article 239; Remission of import duties; Import of linen fabrics from Latvia between 1999 and 2002; Special situation; Supervision and monitoring obligations; Corruption alleged of the customs authorities; Inauthentic movement certificate; Mutual trust
CJEU case 62018CJ0216 (2018-07-25)
Subject: police cooperation; judicial cooperation in criminal matters; area of freedom, security and justice
Keywords: Reference for a preliminary ruling; Urgent preliminary ruling procedure; Police and judicial cooperation in criminal matters; European arrest warrant; Framework Decision 2002/584/JHA; Article 1(3); Surrender procedures between Member States; Conditions for execution; Charter of Fundamental Rights of the European Union; Article 47; Right of access to an independent and impartial tribunal
CJEU case 62018CJ0220 (2018-07-25)
Subject: area of freedom, security and justice; police cooperation; judicial cooperation in criminal matters; Justice and home affairs; Charter of Fundamental Rights; Fundamental rights
Keywords: Reference for a preliminary ruling; Urgent preliminary ruling procedure; Police and judicial cooperation in criminal matters; European arrest warrant –Framework Decision 2002/584/JHA; Article 1(3); Surrender procedures between Member States –– Conditions for execution –– Grounds for non-execution; Charter of Fundamental Rights of the European Union; Article 4; Prohibition of inhuman or degrading treatment –– Detention conditions in the issuing Member State; Scope of the assessment undertaken by the executing judicial authorities –– Existence of a legal remedy in the issuing Member State; Assurance given by the authorities of that Member State
CJEU case 62017CJ0005 (2018-07-25)
Subject: Taxation; Value added tax
Keywords: Reference for a preliminary ruling; Common system of value added tax; Directive 2006/112/EC; Exemption; Article 135(1)(d); Transactions concerning payments and transfers; Concept; Scope; Dental payment plan by direct debit
CJEU case 62017CJ0239 (2018-07-25)
Subject: Agricultural structures; General provisions; Wine; Agriculture and Fisheries
Keywords: Reference for a preliminary ruling; Common agricultural policy; Support schemes for farmers; Regulation (EC) No 1782/2003; Article 6(1); Regulation (EC) No 73/2009; Article 23(1); Regulation (EC) No 796/2004; Article 66(1); Regulation (EC) No 1122/2009; Article 70(8)(a); Cross-compliance; Reduction in direct payments due to non-compliance with the statutory management requirements or good agricultural and environmental conditions; Determination of the year to be taken into account in order to determine the percentage reduction; Year in which the non-compliance occurred
CJEU case 62016CJ0553 (2018-07-25)
Subject: Free movement of capital; Approximation of laws; Taxation; Right of establishment
Keywords: Reference for a preliminary ruling; Freedom to provide services; Corporate taxation; Payments made by a company resident in a Member State to non-resident companies for the leasing of rail tankers; Obligation to charge withholding tax on income from a domestic source paid to a non-resident company; Non-compliance; Double taxation conventions; Charging the resident company default interest for non-payment of the withholding tax; Interest payable from the expiry of the statutory time limit for payment until the date on which evidence that the double taxation convention is applicable is furnished; Irrecoverable interest
CJEU case 62016CJ0632 (2018-07-25)
Subject: Energy; Consumer protection; Approximation of laws
Keywords: Reference for a preliminary ruling; Retail of vacuum cleaners; Energy class label; Directive 2010/30/EU; Delegated Regulation (EU) No 665/2013; Vacuum cleaners; Display of other symbols; Unfair commercial practices; Consumer protection; Directive 2005/29/EC; Article 7; Failure to state the conditions under which energy efficiency is measured; Misleading omission
CJEU case 62017CJ0164 (2018-07-25)
Subject: Environment
Keywords: Reference for a preliminary ruling; Environment; Directive 92/43/EC; Conservation of natural habitats and of wild fauna and flora; Article 6(3) and (4); Assessment of the implications of a plan or project for a protected site; Plan or project not directly connected with or necessary to the management of the site; Wind farm project; Directive 2009/147/EC; Conservation of wild birds; Article 4; Special Protection Area (SPA); Annex I; Hen harrier (Circus cyaneus); Suitable habitat fluctuating over time; Temporary or permanent reduction of the amount of appropriate land; Measures included in the project to ensure that, during the lifetime of the project, the amount of land that is in fact suitable for hosting the natural habitat of the species will not be reduced and indeed may be enhanced)
CJEU case 62016CJ0679 (2018-07-25)
Subject: Social security for migrant workers
Keywords: Reference for a preliminary ruling –– Citizenship of the Union; Articles 20 and 21 TFEU –– Freedom to move and reside in the Member States –– Social security; Regulation (EC) No 883/2004; Social assistance; Sickness benefits –– Services provided to people with disabilities; Obligation of a municipality in one Member State to provide one of its residents with personal assistance provided for under national legislation while that resident is in higher education in another Member State
CJEU case 62017CJ0404 (2018-07-25)
Subject: Border checks; area of freedom, security and justice; asylum policy
Keywords: Reference for a preliminary ruling; Asylum policy; Directive 2013/32/EU; Article 31(8) and Article 32(2); Manifestly unfounded application for international protection; Concept of safe country of origin; No national rules concerning that concept; Applicant’s representations considered to be reliable but insufficient having regard to the satisfactory protection offered by the applicant’s country of origin
CJEU case 62016CJ0585 (2018-07-25)
Subject: area of freedom, security and justice
Keywords: Reference for a preliminary ruling; Common policy on asylum and subsidiary protection; Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection; Directive 2011/95/EU; Article 12; Exclusion from refugee status; Persons registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA); Existence of a ‘first country of asylum’, for a refugee from Palestine, in the UNRWA area of operations; Common procedures for granting international protection; Directive 2013/32/EU; Article 46; Right to an effective remedy; Full and ex nunc examination; Scope of the powers of the court of first instance; Examination by the courts of international protection needs; Examination of grounds of inadmissibility
CJEU case 62017CJ0107 (2018-07-25)
Subject: Right of establishment; Free movement of capital; Approximation of laws
Keywords: Reference for a preliminary ruling; Directive 2002/47/EC; Enforcement of financial collateral arrangements; Commencement of insolvency proceedings against the collateral taker; Occurrence of the enforcement event; Inclusion of the financial collateral in the assets remaining after the insolvency; Obligation to satisfy the claims primarily from the financial collateral
CJEU case 62017CJ0123 (2018-08-07)
Subject: Free movement of workers; External relations; Association Agreement
Keywords: Reference for a preliminary ruling; EEC-Turkey Association; Decision No 2/76; Article 7; Standstill clause; Right of residence of family members of a Turkish worker; Visa requirement for admission to the territory of a Member State
CJEU case 62016CJ0096 (2018-08-07)
Subject: Approximation of laws; Consumer protection
Keywords: Reference for a preliminary ruling; Directive 93/13/EEC; Unfair terms; Scope; Assignment of debts; Loan agreement concluded with a consumer; Criteria for assessing the unfairness of a contractual term setting the default interest rate; Consequences of that unfairness
CJEU case 62017CJ0122 (2018-08-07)
Subject: Approximation of laws; Freedom to provide services
CJEU case 62017CJ0120 (2018-08-07)
Subject: Agriculture and Fisheries; European Agricultural Guidance and Guarantee Fund (EAGGF)
Keywords: Reference for a preliminary ruling; Agriculture; Support for rural development; Regulation (EC) No 1257/1999; Articles 10 to 12; Early retirement support; National legislation providing for the transfer by inheritance of early retirement support; Legislation approved by the European Commission; Subsequent change of position; Protection of legitimate expectations
CJEU case 62016CJ0561 (2018-08-07)
Subject: Energy
Keywords: Reference for a preliminary ruling; Directive 2012/27/EU; Article 7(1), (4) and (9); Article 20(4) and (6); Promotion of energy efficiency; Energy efficiency obligation scheme; Other policy measures; Energy Efficiency National Fund; Establishment of such a fund as the main measure implementing energy efficiency obligations; Contribution obligation; Designation of the obligated parties; Energy distributors and/or retail energy sales companies
CJEU case 62017CJ0485 (2018-08-07)
Subject: Approximation of laws
Keywords: Reference for a preliminary ruling; Consumer protection; Directive 2011/83/EU; Article 2(9); Concept of ‘business premises’; Criteria; Sales contract concluded on a stand run by a trader at a trade fair
CJEU case 62017CJ0329 (2018-08-07)
Subject: Environment
Keywords: Reference for a preliminary ruling; Environment; Directive 2011/92/EU; Assessment of the effects of certain projects on the environment; Annex II; Point 1(d); Concept of ‘deforestation for the purposes of conversion to another type of land use’; Clearance of a path in a forest in connection with the construction and operation of an overhead electrical power line
CJEU case 62017CJ0115 (2018-08-07)
Subject: Fundamental rights; Charter of Fundamental Rights; Beef and veal; Agriculture and Fisheries
Keywords: Reference for a preliminary ruling; Regulation (EEC) No 1964/82; False declarations or deceitful practices in order to secure special export refunds on certain cuts of boned meat of bovine animals; Amendment to Regulation No 1964/82 extending the entitlement to special export refunds; Principle of the retroactive application of the more lenient criminal law; Third sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union
CJEU case 62017CJ0300 (2018-08-07)
Subject: Right of establishment; Freedom to provide services; Approximation of laws
Keywords: Reference for a preliminary ruling; Public procurement; Review procedures; Directive 89/665/EC; Action for damages; Article 2(6); National rules making the admissibility of any action for damages subject to a prior and definitive determination of the illegality of the decision of the contracting authority giving rise to the damage alleged; Actions for annulment; Prior action before an arbitration committee; Judicial review of arbitral decisions; National rules excluding pleas not raised before the arbitration committee; Charter of Fundamental Rights of the European Union; Article 47; Right to effective judicial protection; Principles of effectiveness and equivalence
CJEU case 62017CJ0521 (2018-08-07)
Subject: Approximation of laws; Consumer protection; Intellectual, industrial and commercial property; Freedom to provide services; Right of establishment
Keywords: Reference for a preliminary ruling; Intellectual and industrial property; Directive 2004/48/EC; Article 4; Legal standing of a body for the collective representation of trade mark proprietors; Directive 2000/31/EC; Articles 12 to 14; Liability of a provider of IP address rental and registration services allowing the anonymous use of domain names and websites
CJEU case 62017CJ0061 (2018-08-07)
Subject: Social Policy; Approximation of laws
Keywords: Reference for a preliminary ruling; Social policy; Collective redundancies; Directive 98/59/EC; First subparagraph of Article 2(4); Definition of ‘undertaking controlling the employer’; Procedures for consultation of workers; Burden of proof
CJEU case 62017CJ0059 (2018-08-07)
Subject: Agriculture and Fisheries; Wine
Keywords: Reference for a preliminary ruling; Agriculture; Market in wine; Regulation (EC) No 555/2008; Support for the restructuring and conversion of vineyards; Unannounced on-the-spot checks; Powers of control officials; Whether officials may enter agricultural land without having obtained the vine grower’s permission
CJEU case 62017CJ0052 (2018-08-07)
Subject: Right of establishment; Free movement of capital; Approximation of laws
Keywords: Reference for a preliminary ruling; Approximation of laws; Directive 2013/36/EU; Articles 64, 65 and 67; Regulation (EU) No 575/2013; Article 395(1) and (5); Supervision of credit institutions; Supervisory powers and powers to impose penalties; Large exposure limits; Legislation of a Member State under which interest is levied where those limits are exceeded; Regulation (EU) No 468/2014; Article 48; Attribution of areas of competence between the European Central Bank (ECB) and national authorities; Formally initiated supervisory procedure
CJEU case 62017CJ0435 (2018-08-07)
Subject: Agriculture and Fisheries; Agricultural structures
Keywords: Reference for a preliminary ruling; Common agricultural policy; Direct payments– Regulation (EU) No 1306/2013; Articles 93 and 94; Annex II; Cross-compliance; Agricultural and environmental conditions; Minimum requirements; Implementation by a Member State; Obligation to conserve ‘burial grounds’; Scope
CJEU case 62017CJ0161 (2018-08-07)
Subject: Freedom to provide services; Right of establishment; Approximation of laws; Intellectual, industrial and commercial property
Keywords: Reference for a preliminary ruling; Copyright and related rights; Directive 2001/29/EC; Information society; Harmonisation of certain aspects of copyright and related rights; Article 3(1); Communication to the public; Concept; Publication online, without the consent of the rightholder, of a photograph previously published on another website without any restrictions and with the consent of the rightholder; New public
CJEU case 62016CJ0472 (2018-08-07)
Subject: Social Policy
Keywords: Reference for a preliminary ruling; Directive 2001/23/EC; Scope; Article 1(1); Transfers of undertakings; Safeguarding of employees’ rights –Service contract for the management of a municipal School of Music; Cessation of the activity of the first contractor before the end of the current school year and designation of a new contractor at the beginning of the following school year; Article 4(1); Prohibition of dismissal by reason of transfer; Exception; Dismissal for economic, technical or organisational reasons entailing changes in the workforce; Charter of Fundamental Rights of the European Union; Article 47)
CJEU case 62017CJ0016 (2018-08-07)
Subject: Taxation; Value added tax
Keywords: Reference for a preliminary ruling; Value added tax (VAT); Deduction of input tax; Origin and scope of the right to deduct
CJEU case 62017CJ0475 (2018-08-07)
Subject: Taxation; Value added tax
Keywords: Reference for a preliminary ruling; Taxation; Common system of value added tax (VAT); Directive 2006/112/EC; Article 401; Domestic taxes which can be characterised as turnover taxes; Prohibition; Concept of ‘turnover tax’; Local sales tax; Essential characteristics of VAT; None
CJEU case 62016CJ0057 (2018-09-04)
Subject: Access to documents; Provisions governing the Institutions
Keywords: Appeal; Access to documents of the EU institutions; Regulation (EC) No 1049/2001; Regulation (EC) No 1367/2006; Impact assessment report, draft impact assessment report and opinion of the Impact Assessment Board; Legislative initiatives in respect of environmental matters; Refusal to grant access; Disclosure of the documents requested in the course of the proceedings; Continuing interest in bringing proceedings; Exception relating to the protection of the ongoing decision-making process of an EU institution; General presumption
CJEU case 62017CJ0080 (2018-09-04)
Subject: Approximation of laws; Freedom to provide services
Keywords: Reference for a preliminary ruling; Compulsory insurance against civil liability in respect of the use of motor vehicles; Directive 72/166/EEC; Article 3(1); Second Directive 84/5/EEC; Article 1(4); Obligation to take out a contract of insurance; Vehicle parked on private land; Right of the compensation body to bring an action against the owner of the uninsured vehicle
CJEU case 62017CJ0244 (2018-09-04)
Subject: Provisions governing the Institutions
Keywords: Action for annulment; Decision (EU) 2017/477; Position to be adopted on behalf of the European Union within the Cooperation Council established under the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, as regards the working arrangements of the Cooperation Council, the Cooperation Committee, specialised subcommittees or any other bodies; Article 218(9) TFEU; Decision establishing the positions to be adopted on behalf of the European Union in a body set up by an international agreement; Agreement some of whose provisions may be linked with the common foreign and security policy (CFSP); Voting rule
CJEU case 62016CJ0488 (2018-09-06)
Subject: Intellectual, industrial and commercial property; Trade marks
Keywords: Appeal; EU trade mark; Invalidity proceedings; Word mark NEUSCHWANSTEIN; Regulation (EC) No 207/2009; Article 7(1)(b) and (c); Absolute grounds for refusal; Descriptive character; Indication of geographical origin; Distinctive character; Article 52(1)(b); Bad faith
CJEU case 62016CJ0430 (2018-09-06)
Subject: External relations; Common foreign and security policy
Keywords: Appeal; Common Foreign and Security Policy (CFSP); Combating of nuclear proliferation; Restrictive measures against the Islamic Republic of Iran; Sector-specific measures; Restrictions on transfers of funds involving Iranian financial institutions; Strengthening of restrictions; Regime at issue adopted under the provisions of Decision 2012/635/CFSP and of Regulation (EU) No 1263/2012; Implementation of the Joint Comprehensive Plan of Action on the Iranian nuclear issue; Lifting of all restrictive measures of the European Union related to this issue; Repeal of regime at issue in the course of proceedings before the General Court of the European Union; Effect on interest in bringing proceedings before the General Court; No continuation of interest in bringing proceedings