ISSN 1977-091X

Official Journal

of the European Union

C 131

English edition

Information and Notices

Volume 62
8 April 2019

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2019/C 131/01

Last publications ofthe Court of Justice of the European Union in the OfficialJournal of the European Union

1

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

2019/C 131/02

Taking of the oath by a new Member of the Court

2

CDJ

2019/C 131/03

Taking of the oath by a new Member of the Court

3

GCEU

2019/C 131/04

Taking of the oath by a new Member of the General Court

4

V   Announcements

COURT PROCEEDINGS

CDJ

2019/C 131/05

Case C-322/17: Judgment of the Court (Third Chamber) of 7 February 2019 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Eugen Bogatu v Minister for Social Protection (Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 67 — Application for family benefits submitted by a person who has ceased to pursue an activity as an employed person in the competent Member State but continues to reside there — Entitlement to family benefits for family members resident in another Member State — Eligibility conditions)

5

2019/C 131/06

Case C-345/17: Judgment of the Court (Second Chamber) of 14 February 2019 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — Proceedings brought by Sergejs Buivids (Reference for a preliminary ruling — Processing of personal data — Directive 95/46/EC — Article 3 — Scope — Video recording of police officers carrying out procedural measures in a police station — Publication on a video website — Article 9 — Processing of personal data solely for journalistic purposes — Meaning — Freedom of expression — Protection of privacy)

6

2019/C 131/07

Case C-423/17: Judgment of the Court (Sixth Chamber) of 14 February 2019 (request for a preliminary ruling from the Gerechtshof Den Haag — Netherlands) — Staat der Nederlanden v Warner-Lambert Company LLC (Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Article 11 — Generic medicinal products — Summary of product characteristics — Exclusion of references referring to indications or dosage forms still covered by patent law at the time when the generic medicine was marketed)

6

2019/C 131/08

C-434/17: Judgment of the Court (Tenth Chamber) of 13 February 2019 (request for a preliminary ruling from the Zalaegerszegi Közigazgatási és Munkaügyi Bíróság — Hungary) — Human Operator Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (Reference for a preliminary ruling — Harmonisation of fiscal legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Deduction of VAT — Determination of the taxable person liable for VAT — Retroactive application of a derogating measure — Principle of legal certainty)

7

2019/C 131/09

Case C-531/17: Judgment of the Court (Ninth Chamber) of 14 February 2019 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Vetsch Int. Transporte GmbH (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 143(1)(d) — Exemptions from VAT on importation — Imports followed by an intra-Community transfer — Subsequent intra-Community supply — Tax evasion — Refusal of the exemption — Conditions)

8

2019/C 131/10

Case C-535/17: Judgment of the Court (First Chamber) of 6 February 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — NK, liquidator in the bankruptcies of PI Gerechtsdeurwaarderskantoor BV and PI v BNP Paribas Fortis NV (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 and Regulation (EC) No 1346/2000 — Scope of those regulations — Bankruptcy of a bailiff — Action brought by the liquidator in charge of administering and liquidating the bankruptcy)

9

2019/C 131/11

Case C-554/17: Judgment of the Court (Third Chamber) of 14 February 2019 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Rebecka Jonsson v Société du Journal L’Est Républicain (Reference for a preliminary ruling — Judicial cooperation in civil matters — European small claims procedure — Regulation (EC) No 861/2007 — Article 16 — ‘Unsuccessful party’ — Costs of proceedings — Apportionment — Article 19 — Procedural law of the Member States)

9

2019/C 131/12

Case C-562/17: Judgment of the Court (Ninth Chamber) of 14 February 2019 (request for a preliminary ruling from the Audiencia Nacional — Spain) — Nestrade SA v Agencia Estatal de la Administración Tributaria (AEAT), Tribunal Económico-Administrativo Central (TEAC) (Reference for a preliminary ruling — Thirteenth Council Directive 86/560/EEC — Arrangements for the refund of value added tax (VAT) — Principles of equivalence and effectiveness — Company not established in the European Union — Preliminary and final decision refusing the refund of VAT — Incorrect VAT identification number)

10

2019/C 131/13

Case C-630/17: Judgment of the Court (Second Chamber) of 14 February 2019 (request for a preliminary ruling from the Općinski sud u Rijeci — Croatia) — Anica Milivojević v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg eGen (Reference for a preliminary ruling — Articles 56 and 63 TFEU — Freedom to provide services — Free movement of capital — National legislation providing that credit agreements featuring international elements concluded with a non-authorised lender are invalid — Regulation (EU) No 1215/2012 — Article 17(1) — Credit agreement concluded by a natural person with a view to the provision of tourist accommodation services — Concept of ‘consumer’ — Article 24, point 1 — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Action for invalidity of a credit agreement and seeking the removal from the land register of the entry of a security interest)

11

2019/C 131/14

Case C-710/17: Judgment of the Court (Ninth Chamber) of 14 February 2019 (request for a preliminary ruling from the Consiglio di Stato, Italy) — CCC — Consorzio Cooperative Costruzioni Soc. Cooperativa v Comune di Tarvisio (Reference for a preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 48(3) — Assessment and verification of the technical capacities of economic operators — National provision which cannot be regarded as a transposition of Directive 2004/18 — No direct and unconditional reference to EU law — No request based on the existence of a certain cross-border interest — Inadmissibility of the request for a preliminary ruling)

12

2019/C 131/15

Case C-49/18: Judgment of the Court (Second Chamber) of 7 February 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — Carlos Escribano Vindel v Ministerio de Justicia (Reference for a preliminary ruling — Budgetary austerity measures — Reduction of remuneration in the national civil service — Method — Differential impact — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(1) and (2)(b) — Charter of Fundamental Rights of the European Union — Article 21 — Judicial independence — Second subparagraph of Article 19(1) TEU)

13

2019/C 131/16

Case C-154/18: Judgment of the Court (Second Chamber) of 14 February 2019 (request for a preliminary ruling from the Labour Court — Ireland) — Tomás Horgan, Claire Keegan v Minister for Education & Skills, Minister for Finance, Minister for Public Expenditure & Reform, Ireland, Attorney General (Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(b) — Indirect discrimination on grounds of age — Newly recruited teachers — Date of recruitment — Salary scale and classification on that scale upon recruitment less advantageous than that applicable to teachers already employed as such)

14

2019/C 131/17

Case C-179/18: Judgment of the Court (Tenth Chamber) of 13 February 2019 (request for a preliminary ruling from the Arbeidsrechtbank Gent — Belgium) — Ronny Rohart v Federale Pensioendienst (Reference for a preliminary ruling — Social security — Pension rights under the national pension scheme for employed persons — Refusal to take into account the period of compulsory military service completed by an official of the European Union after taking up his post — Principle of sincere cooperation)

14

2019/C 131/18

Case C-231/18: Judgment of the Court (Eighth Chamber) of 7 February 2019 (request for a preliminary ruling from the Oberlandesgericht Oldenburg — Germany) — NK (Reference for a preliminary ruling — Transport — Road transport — Regulation (EC) No 561/2006 — Regulation (EU) No 165/2014 — Obligation to use a tachograph — Exception for vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses)

15

2019/C 131/19

Case C-492/18 PPU: Judgment of the Court (First Chamber) of 12 February 2019 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Execution of the European arrest warrant issued in respect of TC (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 12 — Keeping a person in detention — Article 17 — Time limits for adoption of the decision to execute the European arrest warrant — National legislation providing for automatic suspension of detention 90 days after arrest — Interpretation in conformity with EU law — Suspension of time limits — Charter of Fundamental Rights of the European Union — Article 6 — Right to liberty and security — Differing interpretations of national legislation — Clarity and predictability)

16

2019/C 131/20

Case C-571/18 P: Appeal brought on 11 September 2018 by Felismino Pereira against the judgment of the General Court (Fifth Chamber) delivered on 13 July 2018 in Case T-606/16 Pereira v Commission

17

2019/C 131/21

Case C-577/18 P: Appeal brought on 11 September 2018 by Petrus Kerstens against the order of the General Court (First Chamber) delivered on 26 June 2018 in Case T-757/17 Kerstens v Commission

17

2019/C 131/22

Case C-669/18 P: Appeal brought on 27 October 2018 by Adis Higiene, S.L. against the order of the General Court (Fourth Chamber) delivered on 10 August 2018 in Case T-309/18 Adis Higiene v EUIPO — Farecla Products (G3 Extra Plus)

17

2019/C 131/23

Case C-711/18: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 9 November 2018 — Ascopiave SpA and Others v Ministero dello Sviluppo Economico and Others

18

2019/C 131/24

Case C-754/18: Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 3 December 2018 — Ryanair Designated Activity Company v Országos Rendőr-főkapitányság

18

2019/C 131/25

Case C-763/18 P: Appeal brought on 5 December 2018 by Wallapop, S.L. against the judgment of the General Court (Sixth Chamber) delivered on 3 October 2018 in Case T-186/17, Unipreus v EUIPO — Wallapop (wallapop)

20

2019/C 131/26

Case C-830/18: Request for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz (Germany) lodged on 28 December 2018 — PF and Others v Landkreis Südliche Weinstraße

21

2019/C 131/27

Case C-835/18: Request for a preliminary ruling from the Curtea de Apel Timișoara (Romania) lodged on 24 December 2018 — SC Terracult SRL v Direcția Generală Regională a Finanțelor Publice Timișoara — Administrația Județeană a Finanțelor Publice Arad — Serviciul Inspecție Fiscală Persoane Juridice 5 and Agenția Națională de Administrare Fiscală — Direcția Generală Regională a Finanțelor Publice Timișoara — Serviciul de Soluționare a Contestațiilor

21

2019/C 131/28

Case C-9/19: Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 3 January 2019 — SC Mitliv Exim SRL v Agenția Națională de Administrare Fiscală and Direcția Generală de Administrare a Marilor Contribuabili

22

2019/C 131/29

Case C-32/19: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 18 January 2019 — AT v Pensionsversicherungsanstalt

23

2019/C 131/30

Case C-47/19: Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 25 January 2019 — HA v Finanzamt Hamburg-Barmbek-Uhlenhorst

24

2019/C 131/31

Case C-77/19: Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 1 February 2019 — Kaplan International colleges UK Ltd v The Commissioners for Her Majesty's Revenue and Customs

25

2019/C 131/32

Case C-79/19 P: Appeal brought on 1 February 2019 by the Republic of Lithuania against the judgment of the General Court (Fourth Chamber) delivered on 22 November 2018 in Case T-508/15 Republic of Lithuania v European Commission

26

2019/C 131/33

Case C-100/19: Request for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 8 February 2019 — Viasat UK Ltd, Viasat Inc. v Institut belge des services postaux et des télécommunications (IBPT)

27

2019/C 131/34

Case C-107/19: Request for a preliminary ruling from the Obvodní soud pro Prahu 9 (Czech Republic) lodged on 12 February 2019 — XR v Dopravní podnik hl. m. Prahy, akciová společnost

28

2019/C 131/35

Case C-119/19 P: Appeal brought on 14 February 2019 by the European Commission against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 4 December 2018 in Case T-518/16, Carreras Sequeros and Others v Commission

29

2019/C 131/36

Case C-122/19 P: Appeal brought on 14 February 2019 by Hamas against the judgment of the General Court (First Chamber, Extended Composition) delivered on 14 December 2018 in Case T-400/10 RENV, Hamas v Council

30

2019/C 131/37

Case C-126/19 P: Appeal brought on 15 February 2019 by the Council of the European Union against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 4 December 2018 in Case T-518/16, Carreras Sequeros and Others v Commission

31

2019/C 131/38

Case C-132/19 P: Appeal brought on 15 February 2019 by Groupe Canal + against the judgment of the General Court (Fifth Chamber) delivered on 12 December 2018 in Case T-873/16 Groupe Canal + v Commission

33

2019/C 131/39

Case C-160/19P: Appeal brought on 22 February 2019 by the Comune di Milano against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 13 December 2018 in Case T-167/13 Comune di Milano v European Commission

34

2019/C 131/40

Case C-167/19 P: Appeal brought on 22 February 2019 by the European Commission against the judgment of the General Court (Fourth Chamber) of 12 December 2018 in Case T-683/15, Freistaat Bayern v European Commission

35

2019/C 131/41

Case C-171/19 P: Appeal brought on 22 February 2019 by the European Commission against the judgment of the General Court (Fourth Chamber) of 12 December 2018 in Joined Cases T-722/15, T-723/15 and T-724/15, Interessengemeinschaft privater Milchverarbeiter Bayerns e.V. and Others v European Commission

36

General Court

2019/C 131/42

Case T-292/15: Judgment of the General Court of 12 February 2019 — Vakakis kai Synergates v Commission (Non-contractual liability — Public supply contracts — Tender procedure — Conflict of interests — Duty of diligence — Loss of opportunity — Compensation)

38

2019/C 131/43

Joined Cases T-131/16 and T-263/16: Judgment of the General Court of 14 February 2019 — Belgium and Magnetrol International v Commission (State aid — Aid scheme implemented by Belgium — Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted — Tax ruling — Excess profit exemption — Fiscal autonomy of the Member States — Concept of an aid scheme — Further implementing measures)

39

2019/C 131/44

Case T-679/16: Judgment of the General Court of 26 February 2019 — Athletic Club v Commission (State aid — Aid granted by the Spanish authorities to certain professional football clubs — Preferential tax rate on the income of the clubs authorised to operate as non-profit organisations — Decision declaring that the aid is incompatible with the internal market — Action for annulment — Interest in bringing proceedings — Admissibility — Infra-State measure — Selective nature — Distortion of competition — Effect on trade between Member States — Alteration to existing aid — Duty to state reasons)

40

2019/C 131/45

Case T-903/16: Judgment of the General Court of 14 February 2019 — RE v Commission (Personal data — Protection of natural persons with respect to the processing of their data — Right of access to those data — Regulation (EC) No 45/2001 — Refusal to grant access — Actions for annulment — Email referring to an earlier partial refusal of access without carrying out a re-examination — Concept of a challengeable act within the meaning of Article 263 TFEU — Concept of a purely confirmatory act — Applicability to access to personal data — Substantial new facts — Interest in bringing proceedings — Admissibility — Obligation to state reasons)

40

2019/C 131/46

Case T-91/17: Judgment of the General Court of 14 February 2019 — L v Parliament (Civil service — Accredited parliamentary assistants — Sick leave — Sick leave spent elsewhere than at the place of employment — Unauthorised absence — Article 60 of the Staff Regulations — Duty of care — Principle of good administration)

41

2019/C 131/47

Case T-366/17: Judgment of the General Court of 14 February 2019 — Poland v Commission (ERDF — Refusal to confirm a financial contribution to a major project — Article 41(1) of Regulation (EC) No 1083/2006 — Assessment of whether a major project is consistent with the priorities of the operational programme — Article 41(2) of Regulation (EC) No 1083/2006 — Time limit exceeded)

42

2019/C 131/48

Case T-34/18: Judgment of the General Court of 14 February 2019 — Giove Gas v EUIPO — Primagaz (KALON AL CENTRO DELLA FAMIGLIA) (EU trade mark — Opposition proceedings — Application for EU figurative mark KALON AL CENTRO DELLA FAMIGLIA — Earlier EU word mark CALOON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

42

2019/C 131/49

Case T-63/18: Judgment of the General Court of 14 February 2019 — Torro Entertainment v EUIPO — Grupo Osborne (TORRO Grande MEAT IN STYLE) (EU trade mark — Opposition proceedings — Application for EU figurative mark TORRO Grande MEAT IN STYLE — Earlier EU word marks TORO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — First sentence of Article 94(1) of Regulation 2017/1001 — Duty of care — Article 95(1) of Regulation 2017/1001)

43

2019/C 131/50

Case T-123/18: Judgment of the General Court of 14 February 2019 — Bayer Intellectual Property v EUIPO (Representation of a heart) (EU trade mark — Application for an EU figurative mark representing a heart — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)

44

2019/C 131/51

Case T-162/18: Judgment of the General Court of 14 February 2019 — Beko v EUIPO — Acer (ALTUS) (EU trade mark — Opposition proceedings — Application for EU figurative mark ALTUS — Earlier national word marks ALTOS — Revocation proceedings in respect of earlier marks initiated before national authorities — Likelihood of confusion — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625))

45

2019/C 131/52

Case T-524/16 R: Order of the Vice-President of the General Court of 15 February 2019 — Aresu v Commission (Interim measures — Civil Service — Officials — Reform of the Staff Regulations of 1 January 2014 — Reduced number of days of annual leave — Replacement of travelling time by home leave — Application for interim measures — No urgency)

45

2019/C 131/53

Case T-768/17: Order of the General Court of 14 February 2019 — Comprojecto Projectos e Construções and Others v ECB (Action for failure to act, for annulment and for damages — Economic and monetary policy — Supervision of credit institutions — Unlawful acts allegedly committed by certain Portuguese credit institutions — Implied rejection of the request to take action made to the ECB — Manifest inadmissibility in part — Manifest lack of jurisdiction in part — Action in part manifestly unfounded in law)

46

2019/C 131/54

Case T-817/17: Order of the General Court of 8 February 2019 — Schokker v EASA (Civil service — Contract staff — AESA - Recruitment — Selection procedure - Inclusion of the applicant on the reserve list — Withdrawal of the offer of employment made to the applicant — Liability — No unlawful conduct by the EASA — Action manifestly lacking any foundation in law)

47

2019/C 131/55

Case T-125/18: Order of the General Court of 14 February 2019 — Associazione Granosalus v Commission (Actions for annulment — Plant-protection products — Substance active ‘glyphosate’ — Renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility)

48

2019/C 131/56

Case T-137/18: Order of the General Court of 14 February 2019 — Chrome Hearts v EUIPO — Shenzhen Van St. Lonh Jewelry (Representation of a cross) (EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a cross — Revocation of the contested decision — Action which has become devoid of purpose — No need to adjudicate)

48

2019/C 131/57

Case T-224/18 RII: Order of the President of the General Court of 14 February 2019 — PV v Commission (Interim measures — Civil Service — Disciplinary proceedings — Setting the salary at ‘zero’ — Change of circumstances — Inadmissibility — No new facts)

49

2019/C 131/58

Case T-258/18: Order of the General Court of 14 February 2019 — Brunke v Commission (Action for failure to act — Deadline for bringing an action — Starting point — No invitation to act — Second invitation to act — Manifest inadmissibility — Application of a declaratory nature — Application for interim measures — Manifest lack of jurisdiction)

50

2019/C 131/59

Case T-376/18: Order of the General Court of 8 February 2019 — Front Polisario v Council (Action for annulment — International agreements — Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco — Decision authorising the opening of negotiations between the European Union and Morocco for the purpose of amending the partnership agreement — Lack of direct concern — Inadmissibility)

50

2019/C 131/60

Case T-429/18 R: Order of the President of the General Court of 13 February 2019 — BRF and SHB Comercio e Industria de Alimentos v Commission (Application for interim measures — Public health — Implementing Regulation (EU) 2018/700 — Amendment of the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments in Brazil — No urgency — Weighing-up of competing interests)

51

2019/C 131/61

Case T-511/18: Action brought on 4 February 2019 — XH v Commission

52

2019/C 131/62

Case T-65/19: Action brought on 5 February 2019 — AI v ECDC

53

2019/C 131/63

Case T-77/19: Action brought on 9 February 2019 — Alcar Aktiebolag v EUIPO — Alcar Holding (alcar.se)

54

2019/C 131/64

Case T-79/19: Action brought on 12 February 2019 — Lantmännen and Lantmännen Agroetanol/Commission

55

2019/C 131/65

Case T-101/19: Action brought on 18 February 2019 — Rezon v EUIPO (imot.bg)

56

2019/C 131/66

Case T-106/19: Action brought on 20 February 2019 — Abarca v EUIPO — Abanca Corporación Bancaria (ABARCA SEGUROS)

57

2019/C 131/67

Case T-726/16: Order of the General Court of 14 February 2019 — VFP v Commission

58

2019/C 131/68

Case T-60/18: Order of the General Court of 12 February 2019 — Hangzhou Lezoo traveling equipment v EUIPO — Promotional Traders (GREEN HERMIT)

58

2019/C 131/69

Case T-725/18: Order of the General Court of 15 February 2019 — Intercontinental Exchange Holdings v EUIPO (BRENT)

59