EU legislation — 2016

Decision of the European Central Bank of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (recast) (ECB/2010/23) (2011/66/EU)

Decision of the European Central Bank of 11 November 2010 on the annual accounts of the European Central Bank (recast) (ECB/2010/21) (2011/65/EU)

Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants

Guideline of the European Central Bank of 11 November 2010 on the legal framework for accounting and financial reporting in the European System of Central Banks (recast) (ECB/2010/20) (2011/68/EU)

Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC

Opinion of the European Central Bank of 28 December 2016 on a Belgian draft law on the oversight of payment transaction processors (CON/2016/61)

Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (Text with EEA relevance)

Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) (Text with EEA relevance)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast)

Commission Decision of 23/12/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8319 - CEFCI / JSC KAZMUNAIGAZ / ROMPETROL FRANCE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Council Implementing Regulation (EU) 2016/1127 of 12 July 2016 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2015/2425

Council Decision (CFSP) 2016/1136 of 12 July 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/2430

Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky (Text with EEA relevance)

Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002

Commission Implementing Regulation (EU) 2016/2385 of 23 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

Commission Regulation (EU) No 113/2010 of 9 February 2010 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards trade coverage, definition of the data, compilation of statistics on trade by business characteristics and by invoicing currency, and specific goods or movements (Text with EEA relevance)

Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96

Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 (Text with EEA relevance)

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Council Implementing Regulation (EU) 2016/2373 of 22 December 2016 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and amending Implementing Regulation (EU) 2016/1127

Council Decision (CFSP) 2016/2384 of 22 December 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2016/1136

Commission Implementing Regulation (EU) 2016/2379 of 22 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

Recommendation of the European Central Bank of 22 December 2016 to the Council of the European Union on the external auditors of the Bank of Greece (ECB/2016/46)

Commission Decision of 20 March 1997 laying down the arrangements for the transmission of information to the Commission by the Member States under the Communities' own resources system (97/245/EC, Euratom)

Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union

Decision No 5/2016 of the ACP-EU Committee of Ambassadors of 22 December 2016 giving a discharge to the Director of the Centre for the Development of Enterprise (CDE) in respect of the implementation of the budgets of the Centre for the financial years 2011 and 2012 [2017/52]

Commission Implementing Regulation (EU) No 884/2014 of 13 August 2014 imposing special conditions governing the import of certain feed and food from certain third countries due to contamination risk by aflatoxins and repealing Regulation (EC) No 1152/2009 (Text with EEA relevance)

Council Directive of 25 July 1983 on the approximation of the laws of the Member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption (83/417/EEC)

Commission Implementing Regulation (EU) 2016/2378 of 21 December 2016 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

Commission Decision of 21/12/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8244 - THE COCA-COLA COMPANY / COCA-COLA HBC / NEPTŪNO VANDENYS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Commission Implementing Decision (EU) 2016/2367 of 21 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (notified under document C(2016) 8977) (Text with EEA relevance )

Council Decision (CFSP) 2016/2382 of 21 December 2016 establishing a European Security and Defence College (ESDC) and repealing Decision 2013/189/CFSP

Council Decision (CFSP) 2016/2383 of 21 December 2016 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction

Commission Implementing Regulation (EU) 2016/2363 of 21 December 2016 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

Commission Decision of 21/12/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8180 - VERIZON / YAHOO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Commission Decision of 21/12/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8274 - CINVEN / PERMIRA / ALLEGRO / CENEO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Commission Decision of 21/12/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8233 - ROCKAWAY E-COMMERCE / EC INVESTMENTS / BONAK / SULLY SYSTEMS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Opinion of Advocate General Wathelet delivered on 21 December 2016.

Judgment of the Court (Grand Chamber) of 21 December 2016.#European Commission v Hansestadt Lübeck.#Appeal — State aid — Airport charges — Article 108(2) TFEU — Fourth paragraph of Article 263 TFEU — Decision to initiate the formal investigation procedure — Admissibility of an action for annulment — Person individually concerned — Legal interest in bringing proceedings — Article 107(1) TFEU — Condition relating to selectivity.#Case C-524/14 P.

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL Third progress report towards an effective and genuine Security Union

Judgment of the Court (Eighth Chamber) of 21 December 2016.#Bietergemeinschaft Technische Gebäudebetreuung GesmbH und Caverion Österreich GmbH v Universität für Bodenkultur Wien and VAMED Management und Service GmbH & Co KG.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling — Public procurement — Directive 89/665/EEC — Review procedures in the area of public procurement — Article 1(3) — Legal interest in bringing proceedings — Article 2a(2) — Concept of a ‘tenderer concerned’ — Right of a tenderer definitively excluded by the contracting authority to seek review of a subsequent award decision.#Case C-355/15.

Judgment of the Court (Fourth Chamber) of 21 December 2016.#Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change and Environment Agency.#Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division).#Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Obligation to surrender emission allowances in respect of flights between EU Member States and most third countries — Decision No 377/2013/EU — Article 1 — Temporary derogation — Exclusion of flights to and from airports situated in Switzerland — Difference of treatment of third countries — General principle of equal treatment — Inapplicable.#Case C-272/15.

Opinion of Advocate General Tanchev delivered on 21 December 2016.#Freie und Hansestadt Hamburg v Jost Pinckernelle.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling — Registration, evaluation, authorisation and restriction of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — General obligation to register and information requirements — Unregistered chemicals — Export of unregistered chemicals outside the territory of the European Union.#Case C-535/15.

Judgment of the Court (Second Chamber) of 21 December 2016.#Länsförsäkringar AB v Matek A/S.#Request for a preliminary ruling from the Högsta domstolen.#Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9(1)(b) — Article 15(1) — Article 51(1)(a) — Extent of the exclusive right granted to the proprietor — Period of five years following registration.#Case C-654/15.

Opinion of Advocate General Wahl delivered on 21 December 2016.#Flibtravel International SA and Leonard Travel International SA v AAL Renting SA and Others.#Request for a preliminary ruling from the Cour d'appel de Bruxelles.#Reference for a preliminary ruling — Article 96 TFEU — Applicability — National legislation prohibiting taxi services from offering individual seats — National legislation prohibiting taxi services from predetermining their destination — National legislation prohibiting taxi services from touting for custom.#Case C-253/16.

Judgment of the Court (Fourth Chamber) of 21 December 2016.#Interservice d.o.o. Koper v Sándor Horváth.#Request for a preliminary ruling from the Kúria.#Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Article 96 — External transit procedure — Definition of ‘carrier’ — Failure to produce goods at the customs office of destination — Liability — Transport subcontractor who has handed the goods over to the main carrier in the car park of the customs office of destination and subsequently again assumed responsibility for the goods in order to continue with the transport.#Case C-547/15.

Judgment of the Court (Second Chamber) of 21 December 2016.#TDC A/S v Teleklagenævnet and Erhvervs- og Vækstministeriet.#Request for a preliminary ruling from the Østre Landsret.#Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Universal service — Articles 12 and 13 — Calculation of the cost of universal service obligations — Article 32 — Compensation for costs relating to additional mandatory services — Direct effect — Article 107(1) and Article 108(3) TFEU — Maritime radio safety and emergency services in Denmark and Greenland — National rules — Submission of an application for compensation for costs relating to additional mandatory services — Three-month time limit — Principles of equivalence and effectiveness).#Case C-327/15.

Opinion of Advocate General Kokott delivered on 21 December 2016.#Commissioners for Her Majesty's Revenue & Customs v Brockenhurst College.#Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division).#Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Supply of restaurant and entertainment services by an educational establishment to a limited public in return for consideration.#Case C-699/15.

Judgment of the Court (First Chamber) of 21 December 2016.#Club Hotel Loutraki AE and Others v European Commission.#Appeal — State aid — Operation of Video Lottery Terminals — Grant by a Member State of an exclusive licence — Decision finding no State aid — Article 108(3) TFEU — Regulation (EC) No 659/1999 — Articles 4, 7 and 13 — Failure to initiate the formal investigation procedure — Concept of ‘serious difficulties’ — Date of the assessment — Article 296 TFEU — Charter of Fundamental Rights of the European Union — Article 41 — Obligation to state reasons — Article 47 — Right to effective judicial protection — Article 107(1) TFEU — Concept of ‘economic advantage’ — Joint assessment of the measures notified.#Case C-131/15 P.

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL State of play and the possible ways forward as regards the situation of non-reciprocity with certain third countries in the area of visa policy (Follow-up to the Communication of 12 April)

Opinion of Advocate General Bot delivered on 21 December 2016.#Eugenia Florescu and Others v Casa Judeţeană de Pensii Sibiu and Others.#Request for a preliminary ruling from the Curtea de Apel Alba Iulia.#Reference for a preliminary ruling — Article 143 TFEU — Difficulties as regards the balance of payments of a Member State — Financial assistance from the European Union — Memorandum of understanding concluded between the European Union and the Member State in receipt of the assistance — Social policy — Principle of equal treatment — National legislation prohibiting the combining of a public retirement pension with employment income from a professional activity carried out in a public institution — Different treatment of persons occupying posts whose term is laid down in the constitution and of professional judges and law officers.#Case C-258/14.

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the evaluation of the second generation Schengen Information System (SIS II) in accordance with art. 24 (5), 43 (3) and 50 (5) of Regulation (EC) No 1987/2006 and art. 59 (3) and 66 (5) of Decision 2007/533/JHA

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1986/2006, Council Decision 2007/533/JHA and Commission Decision 2010/261/EU

Judgment of the Court (Third Chamber) of 21 December 2016.#Remondis GmbH & Co. KG Region Nord v Region Hannover.#Request for a preliminary ruling from the Oberlandesgericht Celle.#References for a preliminary ruling — Article 4(2) TEU — Respect for the national identity of Member States inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government — Internal organisation of the Member States — Regional authorities — Legal instrument creating a new public-law entity and organising the transfer of powers and responsibilities for the performance of public tasks — Public procurement — Directive 2004/18/EC — Article 1(2)(a) — Concept of ‘public contract’.#Case C-51/15.

Judgment of the Court (Grand Chamber) of 21 December 2016.#Francisco Gutiérrez Naranjo v Cajasur Banco SAU, Ana María Palacios Martínez v Banco Bilbao Vizcaya Argentaria SA (BBVA), Banco Popular Español SA v Emilio Irles López and Teresa Torres Andreu.#Requests for a preliminary ruling from the Juzgado de lo Mercantil n° 1 de Granada and Audiencia Provincial de Alicante.#References for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Mortgage loans — Unfair terms — Article 4(2) — Article 6(1) — Declaration of nullity — Limitation by the national court of the temporal effects of the declaration of nullity of an unfair term.#Joined Cases C-154/15 and C-307/15.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Developing the EU Customs Union and Its Governance

COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal for a Council Directive amending Directive 2006/112/EC on the common system of value added tax, as regards the temporary application of the generalised reverse charge mechanism in relation to supplies of goods and services above a certain threshold

Opinion of Advocate General Wahl delivered on 21 December 2016.#Akzo Nobel NV and Others v European Commission.#Appeal — Agreements, decisions and concerted practices — European markets in tin stabilisers and in ESBO/esters heat stabilisers — Price fixing, market allocation and exchange of commercially sensitive information — Whether the unlawful conduct of the subsidiaries may be attributed to the parent company — Regulation (EC) No 1/2003 — Article 25(1) — Limitation period for the imposition of penalties on subsidiaries — Effects on the legal position of the parent company.#Case C-516/15 P.

Proposal for a COUNCIL DIRECTIVE amending Directive 2006/112/EC on the common system of value added tax as regards the temporary application of a generalised reverse charge mechanism in relation to supplies of goods and services above a certain threshold

Judgment of the Court (Sixth Chamber) of 21 December 2016.#Daniel Bowman v Pensionsversicherungsanstalt.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2) — Discrimination on grounds of age — Collective labour agreement — Extension of the period of advancement from the first to the second step in the salary scale — Indirect unequal treatment on grounds of age.#Case C-539/15.

Opinion of Advocate General Kokott delivered on 21 December 2016.#Trustees of the P Panayi Accumulation & Maintenance Settlements v Commissioners for Her Majesty's Revenue and Customs.#Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber).#Reference for a preliminary ruling — Direct taxation — Freedom of establishment — Freedom to provide services — Free movement of capital — Trust — Trustees — Other legal persons — Meaning — Tax on gains in value of assets held in trust by reason of the trustees’ place of residence for tax purposes being transferred to another Member State– Determination of the amount of tax due at the time of that transfer — Tax payable immediately — Justification — Proportionality.#Case C-646/15.

COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the mutual recognition of freezing and confiscation orders

Opinion of Advocate General Saugmandsgaard Øe delivered on 21 December 2016.#Czech Republic v European Commission.#Appeal — Transport — Directive 2010/40/EU — Deployment of Intelligent Transport Systems in the field of road transport — Article 7 — Delegation of power to the European Commission — Limits — Delegated Regulation (EU) No 885/2013 — Provision of information services for safe and secure parking places for trucks and commercial vehicles — Delegated Regulation (EU) No 886/2013 — Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users — Article 290 TFEU — Explicit definition of the objectives, content, scope and duration of the delegation of power — Essential element of the matter in question — Establishment of a supervisory body.#Case C-696/15 P.

Judgment of the Court (Fourth Chamber) of 21 December 2016.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil obligations — Articles 21 TFEU, 45 TFEU and 49 TFEU — Articles 28 and 31 of the Agreement on the European Economic Area — Freedom of movement for persons — Freedom of movement for workers — Freedom of establishment — Taxation of natural persons on capital gains resulting from a share exchange — Taxation of natural persons on capital gains resulting from a transfer of all the assets used in the exercise of a business or professional activity — Exit taxation of individuals — Immediate recovery of taxation — Difference in treatment between natural persons who exchange shares and maintain their residence in the national territory and those who make such an exchange and transfer their residence to the territory of another Member State of the European Union or the European Economic Area — Difference in treatment between natural persons transferring all the assets related to an activity carried out on an individual basis to a company with its head office and effective management in Portugal and those who carry out such a transfer to a company with its head office or its effective management in the territory of another Member State of the European Union or of the European Economic Area — Proportionality.#Case C-503/14.

Commission Implementing Regulation (EU) 2016/2364 of 21 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005

Judgment of the Court (Third Chamber) of 21 December 2016.#European Commission v Aer Lingus Ltd and Ryanair Designated Activity Company.#Appeal — State aid — National tax on air transport– Application of differentiated rates — Lower rate for flights to destinations no more than 300 km from the national airport — Advantage — Selective nature — Assessment where the fiscal measure is likely to constitute a restriction on the freedom to provide services — Recovery — Excise duty.#Joined Cases C-164/15 P and C-165/15 P.

COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on the mutual recognition of freezing and confiscation orders

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community

Opinion of Advocate General Mengozzi delivered on 21 December 2016.#Oussama El Dakkak and Intercontinental SARL v Administration des douanes et droits indirects.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling — Regulation (EC) No 1889/2005 — Controls of cash entering or leaving the European Union — Article 3(1) — Natural person entering or leaving the European Union — Obligation to declare — International transit area of a Member State’s airport.#Case C-17/16.

Judgment of the Court (First Chamber) of 21 December 2016.#Sidika Ucar and Recep Kilic v Land Berlin.#Requests for a preliminary ruling from Verwaltungsgericht Berlin.#References for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 7, first paragraph — Right of residence of family members of a Turkish worker duly registered as belonging to the labour force of a Member State — Conditions — No need for the Turkish worker to be duly registered as belonging to the labour force of a Member State for the first three years of the residence of a family member.#Joined Cases C-508/15 and C-509/15.

Judgment of the Court (Third Chamber) of 21 December 2016.#Associazione Italia Nostra Onlus v Comune di Venezia and Others.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto.#Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(3) — Plans and programmes which require an environmental assessment only where the Member States determine that they are likely to have significant environmental effects — Validity in the light of the TFEU and the Charter of Fundamental Rights of the European Union — Meaning of use of ‘small areas at local level’ — National legislation referring to the size of the areas concerned.#Case C-444/15.

Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky (Text with EEA relevance)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on countering money laundering by criminal law

Opinion of Advocate General Bobek delivered on 21 December 2016.#Novartis Europharm Ltd v European Commission.#Appeal — Medicinal products for human use — Marketing authorisation — Regulation (EEC) No 2309/93 — Centralised procedure at EU level — Development of a medicinal product that was the subject of a marketing authorisation for other therapeutic indications — Separate marketing authorisation and new trade name — Directive 2001/83/EC — Second subparagraph of Article 6(1) and Article 10(1) — Concept of a ‘global marketing authorisation’ — Regulatory data protection period.#Joined Cases C-629/15 P and C-630/15 P.

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Adaptation of the ceiling of own resources and of the ceiling for appropriations for commitments following the entry into force the Council Decision 2014/335 on the system of own resources of the European Union

Council Decision  2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

Judgment of the Court (Third Chamber) of 21 December 2016.#Concurrence Sàrl v Samsung Electronics France SAS and Amazon Services Europe Sàrl.#Request for a preliminary ruling from the Cour de cassation (France).#Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction — Tort, delict or quasi-delict — Selective distribution network — Prohibition on online resale outside a network — Action for an injunction prohibiting unlawful interference — Connecting factor.#Case C-618/15.

Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky (Text with EEA relevance)

Opinion of Advocate General Bobek delivered on 21 December 2016.#European Commission v Patrick Breyer.#Appeal — Access to documents of the institutions — Article 15(3) TFEU — Regulation (EC) No 1049/2001 — Scope — Application for access to written submissions filed by the Republic of Austria in the case in which judgment was given on 29 July 2010, Commission v Austria (C‑189/09, not published, EU:C:2010:455) — Documents in the possession of the European Commission — Protection of court proceedings.#Case C-213/15 P.

Opinion of Advocate General Wathelet delivered on 21 December 2016.#London Borough of Ealing v Commissioners for Her Majesty's Revenue and Customs.#Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber).#Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions of supplies of services closely linked to sport — Article 133 — Exclusion of the exemption in the event of a risk of distortion of competition to the disadvantage of commercial enterprises subject to VAT — Services supplied by non-profit making organisations governed by public law.#Case C-633/15.

Judgment of the Court (Grand Chamber) of 21 December 2016.#Tele2 Sverige AB v Post- och telestyrelsen and Secretary of State for the Home Department v Tom Watson and Others.#Requests for a preliminary ruling from the Kammarrätten i Stockholm and the Court of Appeal (England & Wales) (Civil Division).#Reference for a preliminary ruling — Electronic communications — Processing of personal data — Confidentiality of electronic communications — Protection — Directive 2002/58/EC — Articles 5, 6 and 9 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 11 and Article 52(1) — National legislation — Providers of electronic communications services — Obligation relating to the general and indiscriminate retention of traffic and location data — National authorities — Access to data — No prior review by a court or independent administrative authority — Compatibility with EU law.#Joined Cases C-203/15 and C-698/15.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1987/2006

Judgment of the Court (Grand Chamber) of 21 December 2016.#Council of the European Union v Front populaire pour la libération de la saguia-el-hamra et du rio de oro (Front Polisario).#Appeal — External relations — Agreement between the European Union and the Kingdom of Morocco concerning liberalisation measures on agricultural and fishery products — Decision approving the conclusion of an international agreement — Action for annulment — Admissibility — Locus standi — Territorial scope of the agreement — Interpretation of the agreement — Principle of self-determination — Principle of the relative effect of treaties.#Case C-104/16 P.

Judgment of the Court (Grand Chamber) of 21 December 2016.#European Commission v World Duty Free Group SA and Others.#Appeal — State aid — Article 107(1) TFEU — Tax system — Corporation tax — Deduction — Amortisation of goodwill resulting from acquisitions by undertakings resident for tax purposes in Spain of shareholdings of at least 5% in undertakings resident for tax purposes outside Spain — Concept of ‘State aid’ — Condition relating to selectivity.#Case C-20/15 P.

COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Generalised reverse charge mechanism Accompanying the document Proposal for a Council Directive amending Directive 2006/112/EC on the common system of value added tax as regards the temporary application of the generalised reverse charge mechanism in relation to supplies of goods and services above a certain threshold

Commission Regulation (EU) No 1254/2009 of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures (Text with EEA relevance)

Judgment of the Court (Second Chamber) of 21 December 2016.#Paul Vervloet and Others v Ministerraad.#Request for a preliminary ruling from the Grondwettelijk Hof.#Reference for a preliminary ruling — State aid — Aid implemented by the Kingdom of Belgium in favour of ARCO Group financial cooperatives — Deposit guarantee schemes — Directive 94/19/EC — Scope — Guarantee scheme protecting the shares of individual members, being natural persons, of cooperatives operating in the financial sector — Not included — Articles 107 TFEU and 108 TFEU — Commission decision declaring the aid incompatible with the internal market.#Case C-76/15.

Judgment of the Court (Fifth Chamber) of 21 December 2016.#Biuro podróży 'Partner' Sp. z o.o, Sp. komandytowa w Dąbrowie Górniczej v Prezes Urzędu Ochrony Konkurencji i Konsumentów.#Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie.#References for a preliminary ruling — Directive 93/13/EEC — Directive 2009/22/EC — Consumer protection — Erga omnes effect of unfair terms entered in a public register — Financial penalty imposed on a seller or supplier having used a term held to be equivalent to a term in the register — Seller or supplier who was not a party to the proceedings giving rise to the declaration that the term in question was unfair — Article 47 of the Charter of Fundamental Rights of the European Union — Concept of ‘court or tribunal against whose decisions there is no judicial remedy under national law’.#Case C-119/15.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of the Schengen Information System for the return of illegally staying third-country nationals

Commission Recommendation (EU) 2017/146 of 21 December 2016 regarding the rule of law in Poland complementary to Recommendation (EU) 2016/1374

Judgment of the Court (Grand Chamber) of 21 December 2016.#Anonymi Geniki Etairia Tsimenton Iraklis (AGET Iraklis) v Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis.#Request for a preliminary ruling from the Symvoulio tis Epikrateias.#Reference for a preliminary ruling — Directive 98/59/EC — Approximation of the laws of the Member States relating to collective redundancies — Article 49 TFEU — Freedom of establishment — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — National legislation conferring upon an administrative authority the power to oppose collective redundancies after assessing the conditions in the labour market, the situation of the undertaking and the interests of the national economy — Acute economic crisis — Particularly high national unemployment rate.#Case C-201/15.

COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document Proposal for a regulation of the European Parliament and of the Council on the mutual recognition of freezing and confiscation orders

COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the evaluation of the second generation Schengen Information System (SIS II) in accordance with articles 24 (5), 43 (3) and 50 (5) of Regulation (EC) No 1987/2006 and articles 59 (3) and 66 (5) of Decision 2007/533/JHA

Judgment of the Court (Fourth Chamber) of 21 December 2016.#Masco Denmark ApS and Damixa ApS v Skatteministeriet.#Request for a preliminary ruling from the Vestre Landsret.#Reference for a preliminary ruling — Freedom of establishment — Tax legislation concerning thin capitalisation of subsidiaries — Inclusion in the taxable income of a lending company of the loan interest paid by a non-resident borrowing subsidiary — Tax exemption for interest paid by a resident borrowing subsidiary — Balanced allocation between Member States of the power to impose taxes — Need to prevent the risk of tax avoidance.#Case C-593/14.

Commission Implementing Decision (EU) 2016/2359 of 20 December 2016 determining that the temporary suspension of the preferential customs duty established under the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, is not appropriate for imports of bananas originating in Nicaragua for the year 2016

Commission Implementing Regulation (EU) 2016/2362 of 20 December 2016 correcting Implementing Regulation (EU) 2016/2073 as regards the amount available for France for the reimbursement of the appropriations carried over from financial year 2016

Commission Delegated Regulation (EU) 2017/610 of 20 December 2016 amending Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the extension of the transitional periods related to pension scheme arrangements (Text with EEA relevance. )