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101 records in EU in 2017

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Report· CCCELEX 62016CC0224decided

Opinion of Advocate General Bobek delivered on 5 July 2017.#Asotsiatsia na balgarskite predpriyatia za mezhdunarodni prevozi i patishtata (Aebtri) v Nachalnik na Mitnitsa Burgas.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling — Customs union — External transit — Road freight transport operation carried out under cover of a TIR carnet — Article 267 TFEU — Jurisdiction of the Court to interpret Articles 8 and 11 of the TIR Convention — TIR operation not discharged — Liability of the guaranteeing association — Article 8(7) of the TIR Convention — Duty of the competent authorities to require payment so far as possible from the person or persons directly liable before making a claim against the guaranteeing association –Explanatory notes annexed to the TIR Convention — Regulation (EEC) No 2454/93 — Article 457(2) — Community Customs Code — Articles 203 and 213 — Persons who acquired or held the goods and who were aware or should reasonably have been aware that they had been removed from customs supervision.#Case C-224/16.

European Union · Court of Justice of the European Union · 5 July 2017

Record· CJCELEX 62016CJ0190decided

Judgment of the Court (First Chamber) of 5 July 2017.#Werner Fries v Lufthansa CityLine GmbH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Annex I, point FCL.065(b) — Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport — Validity — Charter of Fundamental Rights of the European Union — Article 15 — Freedom of occupation — Article 21 — Equal treatment — Discrimination on grounds of age — Commercial air transport — Concept.#Case C-190/16.

European Union · Court of Justice of the European Union · 5 July 2017

Report· CCCELEX 62016CC0320decided

Opinion of Advocate General Szpunar delivered on 4 July 2017.#Criminal proceedings against Uber France.#Request for a preliminary ruling from the Tribunal de grande instance de Lille.#Reference for a preliminary ruling — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 98/34/EC — Information society services — Rule on information society services — Definition — Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys — Criminal penalties.#Case C-320/16.

European Union · Court of Justice of the European Union · 4 July 2017

Report· CCCELEX 62016CC0383decided

Opinion of Advocate General Wahl delivered on 29 June 2017.#Vion Livestock BV v Staatssecretaris van Economische Zaken.#Request for a preliminary ruling from the the College van Beroep voor het Bedrijfsleven.#Reference for a preliminary ruling — Common organisation of the markets — Protection of animals during transport — Export refunds — Regulation (EU) No 817/2010 — Regulation (EC) No 1/2005 — Obligation to keep up to date a copy of the journey log until the arrival of the animals at the place of the first unloading in the third country of final destination — Recovery of amounts over-paid.#Case C-383/16.

European Union · Court of Justice of the European Union · 29 June 2017

Record· CJCELEX 62016CJ0436decided

Judgment of the Court (Seventh Chamber) of 28 June 2017.#Georgios Leventis and Nikolaos Vafeias v Malcon Navigation Co. Ltd and Brave Bulk Transport Ltd.#Request for a preliminary ruling from the Areios Pagos.#Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 –– Jurisdiction clause — Jurisdiction clause in a contract between two companies — Action for damages — Joint and several liability of representatives of one of those companies for tortious acts — Ability of the representatives to rely upon that clause.#Case C-436/16.

European Union · Court of Justice of the European Union · 28 June 2017

Record· CJCELEX 62014CJ0482decided

Judgment of the Court (Third Chamber) of 28 June 2017.#European Commission v Federal Republic of Germany.#Failure of a Member State to fulfil obligations — Development of the Community’s railways — Directive 91/440/EEC — Article 6(1) — Deutsche Bahn group — Profit transfer agreement — Prohibition of the transfer of public aid earmarked for the management of railway infrastructure to rail transport services — Accounting obligations — Directive 91/440/EEC — Article 9(4) — Regulation (EC) No 1370/2007 — Article 6(1) — Point 5 of the annex — Accounting obligations — Presentation contract by contract of public aid paid for activities relating to the provision of passenger transport services in respect of public service remits.#Case C-482/14.

European Union · Court of Justice of the European Union · 28 June 2017

Record· CJCELEX 62015CJ0549decided

Judgment of the Court (Second Chamber) of 22 June 2017.#E.ON Biofor Sverige AB v Statens energimyndighet.#Request for a preliminary ruling from the Förvaltningsrätten i Linköping.#Reference for a preliminary ruling — Promotion of energy from renewable sources — Biofuels for transport — Directive 2009/28/EC — Article 18(1) — ‘Mass balance’ system to ensure that biogas meets the prescribed sustainability criteria — Validity — Articles 34 and 114 TFEU — National rules requiring the mass balance to be achieved within a location with a clear boundary — Practice of the competent national authority to accept that that condition may be satisfied where sustainable biogas is transported using the national gas network — Order of that authority stating that that condition cannot be satisfied where sustainable biogas is imported from other Member States via interconnected national gas networks — Free movement of goods.#Case C-549/15.

European Union · Court of Justice of the European Union · 22 June 2017

Regulation· RCELEX 32017R1084in force

Commission Regulation (EU) 2017/1084 of 14 June 2017 amending Regulation (EU) No 651/2014 as regards aid for port and airport infrastructure, notification thresholds for aid for culture and heritage conservation and for aid for sport and multifunctional recreational infrastructures, and regional operating aid schemes for outermost regions and amending Regulation (EU) No 702/2014 as regards the calculation of eligible costs (Text with EEA relevance. )

European Union · EUR-Lex · 14 June 2017

Record· CJCELEX 62016CJ0026decided

Judgment of the Court (Ninth Chamber) of 14 June 2017.#Santogal M-Comércio e Reparação de Automóveis Lda v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD).#Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 138(2)(a) — Conditions for the grant of the exemption for an intra-Community supply of a new means of transport — Purchaser’s residence in the Member State of destination — Temporary registration in the Member State of destination — Risk of tax evasion — Good faith of the vendor — Obligation of diligence on the part of the vendor.#Case C-26/16.

European Union · Court of Justice of the European Union · 14 June 2017

Report· CCCELEX 62016CC0195decided

Opinion of Advocate General Bobek delivered on 16 May 2017.#Criminal proceedings against I.#Request for a preliminary ruling from the Amtsgericht Kehl.#Reference for a preliminary ruling — Transport — Driving licences — Directive 2006/126/EC — Article 2(1) — Mutual recognition of driving licences — Definition of ‘driving licence’ — Driving licence pass certificate authorising its holder to drive in the Member State having awarded it before the issue of the definitive driving licence — Situation in which the holder of a test pass certificate drives a vehicle in another Member State — Obligation to recognise the test pass certificate — Penalties imposed on the holder of the test pass certificate for driving a vehicle outside of the Member State in which it was awarded — Proportionality.#Case C-195/16.

European Union · Court of Justice of the European Union · 16 May 2017

Proposal· PCCELEX 52016PC0552R(01)open

Amended proposal for a COUNCIL DECISION on the signature and provisional application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and on the signature and provisional application of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part

European Union · European Commission · 15 May 2017

Record· COCELEX 62016CO0286decided

Order of the Court (First Chamber) of 11 May 2017.#SC Exmitiani SRL v Direcția Generală a Finanțelor Publice Cluj.#Request for a preliminary ruling from the Curtea de Apel Cluj.#Reference for a preliminary ruling — Activity of passenger road transport services — Tax — Facts prior to the accession of Romania to the European Union — Manifest lack of jurisdiction of the Court.#Case C-286/16.

European Union · Court of Justice of the European Union · 11 May 2017

Report· CCCELEX 62015CC0434decided

Opinion of Advocate General Szpunar delivered on 11 May 2017.#Asociación Profesional Elite Taxi v Uber Systems Spain, SL.#Request for a preliminary ruling from the Juzgado Mercantil de Barcelona.#Reference for a preliminary ruling — Article 56 TFEU — Article 58(1) TFEU — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 2000/31/EC — Directive 98/34/EC — Information society services — Intermediation service to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journeys — Requirement for authorisation.#Case C-434/15.

European Union · Court of Justice of the European Union · 11 May 2017

Record· CJCELEX 62015CJ0315decided

Judgment of the Court (Third Chamber) of 4 May 2017.#Marcela Pešková and Jiří Peška v Travel Service a.s.#Request for a preliminary ruling from the Obvodní soud pro Prahu 6.#Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Collision between an aircraft and a bird — Notion of ‘extraordinary circumstances’ — Notion of ‘reasonable measures’ to avoid extraordinary circumstances or the consequences thereof.#Case C-315/15.

European Union · Court of Justice of the European Union · 4 May 2017

Report· CCCELEX 62015CC0701decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 3 May 2017.#Malpensa Logistica Europa SpA v SEA - Società Esercizi Aeroportuali SpA.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia.#Reference for a preliminary ruling — Public procurement — Transport — Definition of ‘exploitation of a geographical area for the purpose of the provisions of airports or other terminal facilities to carriers by air’ — Directives 2004/17/EC and 96/67/EC — National legislation which does not require a tendering procedure to be conducted prior to the allocation of areas within an airport.#Case C-701/15.

European Union · Court of Justice of the European Union · 3 May 2017

Record· CJCELEX 62015CJ0632decided

Judgment of the Court (Fourth Chamber) of 26 April 2017.#Costin Popescu v Guvernul României and Others.#Request for a preliminary ruling from the Înalta Curte de Casație şi Justiție.#Reference for a preliminary ruling — Transport — Road transport — Driving licences — Directive 2006/126/EC — Article 13(2) — Concept of ‘entitlement to drive granted before 19 January 2013’ — National legislation transposing the directive — Obligation to obtain a driving licence imposed on persons who were allowed to ride a moped without a licence before the entry into force of that legislation.#Case C-632/15.

European Union · Court of Justice of the European Union · 26 April 2017

Report· CCCELEX 62016CC0065decided

Opinion of Advocate General Saugmandsgaard Øe delivered on 6 April 2017.#Istanbul Lojistik Ltd v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság.#Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság.#Reference for a preliminary ruling — Agreement establishing an association between the European Economic Community and Turkey — Article 9 — Decision No 1/95 of the EC-Turkey Association Council — Articles 4, 5 and 7 — Customs Union — Road transport — Motor vehicle tax — Taxation of heavy goods vehicles registered in Turkey crossing Hungary in transit.#Case C-65/16.

European Union · Court of Justice of the European Union · 6 April 2017

Record· TJCELEX 62014TJ0220decided

Judgment of the General Court (Eighth Chamber) of 6 April 2017 (Extracts).#Saremar - Sardegna Regionale Marittima SpA v European Commission.#State aid — Maritime transport — Public service compensation — Capital increase — Decision declaring aid incompatible with the internal market and ordering that it be recovered — Bankruptcy of the applicant — Capacity to be a party to legal proceedings — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate — Concept of aid — Service of general economic interest — Private investor test — Manifest error of assessment — Error of law — Plea of illegality — Obligation to state reasons — Rights of the defence — Decision 2011/21/EU — Guidelines on State aid for rescuing and restructuring firms in difficulty — Union framework applicable to State aid in the form of public service compensation — Altmark judgment.#Case T-220/14.

European Union · Court of Justice of the European Union · 6 April 2017

Record· TJCELEX 62014TJ0219decided

Judgment of the General Court (Eighth Chamber) of 6 April 2017.#Regione autonoma della Sardegna v European Commission.#State aid — Maritime transport — Public service compensation — Capital increase — Decision declaring aid incompatible with the internal market and ordering that it be recovered — Liquidation of the recipient undertaking — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate — Concept of aid — Service of general economic interest — Private investor test — Manifest error of assessment — Error of law — Plea of illegality — Obligation to state reasons — Rights of defence — Decision 2011/21/EU — Guidelines on State aid for rescuing and restructuring firms in difficulty — Union framework applicable to State aid in the form of public service compensation — Altmark judgment.#Case T-219/14.

European Union · Court of Justice of the European Union · 6 April 2017

Record· CJCELEX 62015CJ0497decided

Judgment of the Court (Tenth Chamber) of 22 March 2017.#Euro-Team Kft. and Spirál-Gép Kft v Budapest Rendőrfőkapitánya.#References for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság.#Reference for a preliminary ruling — Approximation of laws — Road transport — Tax provisions — Directive 1999/62/EC — Charging of heavy goods vehicles for the use of certain infrastructures — Toll — Member States’ obligation to establish effective, proportionate and dissuasive penalties — Flat-rate fine — Proportionality.#Joined Cases C-497/15 and C-498/15.

European Union · Court of Justice of the European Union · 22 March 2017

Report· CCCELEX 62016CC0190decided

Opinion of Advocate General Bobek delivered on 21 March 2017.#Werner Fries v Lufthansa CityLine GmbH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Annex I, point FCL.065(b) — Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport — Validity — Charter of Fundamental Rights of the European Union — Article 15 — Freedom of occupation — Article 21 — Equal treatment — Discrimination on grounds of age — Commercial air transport — Concept.#Case C-190/16.

European Union · Court of Justice of the European Union · 21 March 2017

Record· COCELEX 62016CO0232decided

Order of the Court (Sixth Chamber) of 9 March 2017.#Simet SpA v European Commission.#Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Transport sector — Inter-regional bus transport services — Regulation (EEC) No 1191/69 — Right to compensation for expenses arising from the performance of public service obligations — National judicial decision — Aid incompatible with the internal market.#Case C-232/16 P.

European Union · Court of Justice of the European Union · 9 March 2017

Report· DCCELEX 52017DC0117open

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation in 2013-2014 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (28th report from the Commission on the implementation of the social legislation relating to road transport)

European Union · European Commission · 7 March 2017

Report· DCCELEX 52017DC0116open

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation in the period from 1 January 2013 until 31 December 2014 of certain provisions of Regulation (EC) No 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (2nd report from the Commission on the implementation by Member States of certain provisions concerning the access to the occupation of road transport operator)

European Union · European Commission · 7 March 2017

Record· CJCELEX 62015CJ0245decided

Judgment of the Court (Tenth Chamber) of 2 March 2017.#SC Casa Noastră SA v Ministerul Transporturilor - Inspectoratul de Stat pentru Controlul în Transportul Rutier ISCTR.#Request for a preliminary ruling from the Judecătoria Balş – Judeţul Olt.#Reference for a preliminary ruling — Road transport — Social provisions — Exceptions — Regulation (EC) No 561/2006 — Article 3(a) — Regulation (EC) No 1073/2009 — Article 2(3) — Regular services providing for the carriage of passengers — Concept — Carriage free of charge organised by an economic operator for its employees, to and from work, in vehicles belonging to it and driven by one of its employees.#Case C-245/15.

European Union · Court of Justice of the European Union · 2 March 2017

Record· CJCELEX 62016CJ0097decided

Judgment of the Court (Tenth Chamber) of 2 March 2017.#José María Pérez Retamero v TNT Express Worldwide Spain SL and Others.#Request for a preliminary ruling from the Juzgado de lo Social de Barcelona.#Reference for a preliminary ruling — Social policy — Directive 2002/15/EC — Protection of the safety and health of workers — Organisation of working time — Road transport — Mobile worker — Self-employed driver — Concept — Inadmissibility.#Case C-97/16.

European Union · Court of Justice of the European Union · 2 March 2017

Question· QUESTION_WRITTENE-8-2017-001307answered

Natural gas in transport

European Union · European Parliament · 28 February 2017

Report· CCCELEX 62016CC0102decided

Opinion of Advocate General Tanchev delivered on 2 February 2017.#Vaditrans BVBA v Belgische Staat.#Request for a preliminary ruling from the Raad van State.#Reference for a preliminary ruling — Road transport — Driver’s rest periods — Regulation (EC) No 561/2006 — Article 8(6) and (8) — Whether it is possible to take daily rest periods and reduced weekly rest periods away from base and in a vehicle — Exclusion of regular weekly rest periods.#Case C-102/16.

European Union · Court of Justice of the European Union · 2 February 2017

Report· CCCELEX 62016CC0026decided

Opinion of Advocate General Mengozzi delivered on 1 February 2017.#Santogal M-Comércio e Reparação de Automóveis Lda v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD).#Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 138(2)(a) — Conditions for the grant of the exemption for an intra-Community supply of a new means of transport — Purchaser’s residence in the Member State of destination — Temporary registration in the Member State of destination — Risk of tax evasion — Good faith of the vendor — Obligation of diligence on the part of the vendor.#Case C-26/16.

European Union · Court of Justice of the European Union · 1 February 2017

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