# Official Journal C 340/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.340.eng |
| --- | --- |
| Official Journal
  of the European Union | C 340 |
| | |
| English edition | Information and Notices | Volume 5419 November 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.340.eng

Official Journal

of the European Union

C 340

English edition

Information and Notices

Volume 5419 November 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2011/C 340/01 | Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 331, 12.11.2011 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2011/C 340/01

Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 331, 12.11.2011

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2011/C 340/02 | Case C-520/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Arkema SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — European market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Obligation to state reasons) | 2 |
| 2011/C 340/03 | Case C-521/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Elf Aquitaine SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — Market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Rights of the defence — Obligation to state reasons) | 2 |
| 2011/C 340/04 | Case C-82/10: Judgment of the Court (Fourth Chamber) of 29 September 2011 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 73/239/EEC — Articles 6, 8, 9, 13 and 15 to 17 — Directive 92/49/EEC — Articles 22 and 23 — Direct insurance other than life assurance — Amendment of statutes of an insurance body as regards its capacity — Non-application of the European Union insurance legislation in respect of insurance other than life assurance) | 3 |
| 2011/C 340/05 | Case C-187/10: Judgment of the Court (Second Chamber) of 29 September 2011 (reference for a preliminary ruling from the Raad van State — Netherlands) — Baris Unal v Staatssecretaris van Justitie (EEC-Turkey Association Agreement — Decision No 1/80 of the Association Council — Article 6(1), first indent — Turkish national — Residence permit — Family reunification — Separation of the partners — Withdrawal of the residence permit — Retroactive effect) | 3 |
| 2011/C 340/06 | Case C-387/10: Judgment of the Court (Seventh Chamber) of 29 September 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Freedom to provide services — Legislation of a Member State concerning investment funds and real property investment funds — Evidence relating to revenue regarded as distributed — Evidence provided by way of a tax representative — ‘National’ financial institutions and business trustees recognised as tax representatives) | 4 |
| 2011/C 340/07 | Joined Cases C-54/10 P and C-55/10 P: Order of the Court (Seventh Chamber) of 22 June 2011 — Agencja Wydawnicza Technopol sp. zoo v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Refusal to register signs ‘350’, ‘250’, ‘150’, ‘222’, ‘333’ and ‘555’ as trade marks for periodicals, books and game booklets — Regulation (EC) No 40/94 — Article 7(1)(c) — Descriptive character — Obligation on OHIM to take account of its earlier decision-making practice) | 4 |
| 2011/C 340/08 | Case C-56/10 P: Order of the Court (Seventh Chamber) of 22 June 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Figurative marks 100 and 300 — Refusal of registration — Regulation (EC) No 40/94 — Article 7(1)(b) and (c) — Distinctive character — Descriptive character — Article 38(2) — Disclaimer of any exclusive right to a non-distinctive element of a trade mark applied for) | 5 |
| 2011/C 340/09 | Case C-521/10 P: Order of the Court of 22 June 2011 — Grúas Abril Asistencia, SL v European Commission (Appeal — Article 119 of the Rules of Procedure — Alleged infringements of the provisions of European Union law relating to competition — Application seeking to require the Commission to initiate proceedings against a Member State for failure to fulfil obligations) | 5 |
| 2011/C 340/10 | Case C-144/11: Order of the Court (Fifth Chamber) of 8 September 2011 — (reference for a preliminary ruling from the Giudice di pace di Mestre — Italy) — Criminal proceedings against Asad Abdallah (Reference for a preliminary ruling — No description of the factual context of the main proceedings — Manifest inadmissibility) | 5 |
| 2011/C 340/11 | Case C-421/11 P: Appeal brought on 11 August 2011 by Total SA and Elf Aquitaine SA against the judgment delivered on 7 June 2011 in Case T-206/06 Total SA and Elf Aquitaine SA v Commission | 6 |
| 2011/C 340/12 | Case C-433/11: Reference for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 22 August 2011 — SKP v Kveta Polhošová | 7 |
| 2011/C 340/13 | Case C-435/11: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 26 August 2011 — CHS Tour Services GmbH v Team 4 Travel GmbH | 8 |
| 2011/C 340/14 | Case C-445/11 P: Appeal brought on 31 August 2011 by Bavaria NV against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-235/07 Bavaria NV v European Commission | 8 |
| 2011/C 340/15 | Case C-452/11 P: Appeal brought on 2 September 2011 by Heineken Nederland BV and Heineken NV against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-240/07 Heineken Nederland BV and Heineken NV v European Commission | 9 |
| 2011/C 340/16 | Case C-453/11 P: Appeal brought on 2 September 2011 by Timehouse GmbH against the judgment of the General Court (Third Chamber) delivered on 6 July 2011 in Case T-235/10 Timehouse GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 10 |
| 2011/C 340/17 | Case C-461/11: Reference for a preliminary ruling from the Stockholms tingsrätt (Sweden) lodged on 2 September 2011 — Ulf Kazimierz Radziejewski v Kronofogdemyndigheten i Stockholm | 10 |
| 2011/C 340/18 | Case C-464/11: Reference for a preliminary ruling from the Tribunale di Palermo — Sezione Distaccata di Bagheria (Italy) lodged on 7 September 2011 — Paola Galioto v Maria Guccione and Others | 10 |
| 2011/C 340/19 | Case C-468/11: Action brought on 13 September 2011 — European Commission v Kingdom of Spain | 11 |
| 2011/C 340/20 | Case C-476/11: Reference for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 19 September 2011 — HK Danmark acting on behalf of Glennie Kristensen v Experian A/S | 11 |
| 2011/C 340/21 | Case C-497/11 P: Appeal brought on 27 September 2011 by the Hellenic Republic against the judgment of the General Court (Sixth Chamber) delivered on 13 July 2011 in Case T-81/09 Hellenic Republic v Commission | 12 |
| 2011/C 340/22 | Case C-508/11 P: Appeal brought on 3 October 2011 by ENI SpA against the judgment of the General Court (First Chamber) delivered on 13 July 2011 in Case T-39/07 ENI v Commission | 12 |
| 2011/C 340/23 | Case C-511/11 P: Appeal brought on 4 October 2011 by Polimeri Europa SpA against the judgment of the General Court (First Chamber) delivered on 13 July 2011 in Case T-59/07 Polimeri Europa v Commission | 13 |
| 2011/C 340/24 | Case C-346/10: Order of the President of the Court of 4 August 2011 — European Commission v Republic of Greece | 14 |
| 2011/C 340/25 | Case C-597/10: Order of the President of the Court of 8 August 2011 — European Commission v French Republic | 14 |
| 2011/C 340/26 | Case C-151/11: Order of the President of the Court of 22 June 2011 (reference for a preliminary ruling from the Landgericht Frankfurt am Main (Germany)) — Condor Flugdienst GmbH v Jürgen Dörschel | 14 |
| | General Court |
| 2011/C 340/27 | Case T-11/06: Judgment of the General Court of 5 October 2011 — Romana Tabacchi v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Participation in the infringement — Duration of the infringement — Fines — Attenuating circumstances — Maximum limit of 10 % of turnover — Equal treatment — Power of unlimited jurisdiction) | 15 |
| 2011/C 340/28 | Case T-19/06: Judgment of the General Court of 5 October 2011 — Mindo v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Payment of the fine by the jointly and severally liable debtor — Applicant involved in an insolvency procedure in the course of the proceedings — No longer any interest in bringing proceedings — No need to adjudicate) | 15 |
| 2011/C 340/29 | Case T-39/06: Judgment of the General Court of 5 October 2011 — Transcatab v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Attributability of the unlawful conduct — Fines — Proportionality — Gravity and duration of the infringement — Attenuating circumstances — Cooperation) | 15 |
| 2011/C 340/30 | Case T-488/08: Judgment of the General Court of 6 October 2011 — Galileo International Technology v OHIM — Galileo Sistemas y Servicios (GSS GALILEO SISTEMAS Y SERVICIOS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ‘GSS GALILEO SISTEMAS Y SERVICIOS’ — Earlier Community word marks ‘GALILEO’ — Earlier Community figurative mark ‘powered by Galileo’ — Earlier Community figurative marks ‘GALILEO INTERNATIONAL’ — Relative ground for refusal — Lack of likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)) | 16 |
| 2011/C 340/31 | Case T-508/08: Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker) (Community trade mark — Application for a three-dimensional Community trade mark — Representation of a loudspeaker — Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal — Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) — Absolute ground for refusal — Sign which consists exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009)) | 16 |
| 2011/C 340/32 | Case T-118/09: Judgment of the General Court of 5 October 2011 — La Sonrisa de Carmen and Bloom Clothes v OHIM — Heldmann (BLOOMCLOTHES) (Community trade mark — Opposition proceedings — Application for Community figurative mark BLOOMCLOTHES — Earlier national word mark BLOOM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)) | 17 |
| 2011/C 340/33 | Case T-425/09: Judgment of the General Court of 6 October 2011 — Honda Motor v OHIM — Blok (BLAST) (Community trade mark — Opposition proceedings — Application for the Community word mark BLAST — Earlier Community and Benelux word marks BLAST — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Council Regulation (EC) No 207/2009 — Weak distinctive character of the earlier marks) | 17 |
| 2011/C 340/34 | Case T-526/09: Judgment of the General Court of 5 October 2011 — PAKI Logistics v OHIM (PAKI) (Community trade mark — Application for the Community word mark PAKI — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/209) | 17 |
| 2011/C 340/35 | Case T-176/10: Judgment of the General Court of 6 October 2011 — Seven v OHIM — Seven For All Mankind (SEVEN FOR ALL MANKIND) (Community trade mark — Opposition proceedings — Application for Community word mark SEVEN FOR ALL MANKIND — Earlier Community and international figurative marks containing the word element ‘seven’ — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009) | 18 |
| 2011/C 340/36 | Case T-208/10: Judgment of the General Court of 7 July 2011 — Cree v OHIM (TRUEWHITE) (Community trade mark — Application for Community word mark TRUEWHITE — Absolute grounds for refusal — Article 7(1)(c) of Regulation No 207/2009 — Descriptive mark) | 18 |
| 2011/C 340/37 | Case T-246/10: Judgment of the General Court of 6 October 2011 — Industrias Francisco Ivars v OHIM — Motive (Mechanical speed reducer) (Community design — Invalidity proceedings — Registered Community design representing a mechanical speed reducer — Earlier Community design — Ground of invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002) | 19 |
| 2011/C 340/38 | Case T-247/10: Judgment of the General Court of 6 October 2011 — medi v OHIM — Deutsche Medien Center (deutschemedi.de) (Community trade mark — Opposition proceedings — Application for the Community word mark deutschemedi.de — Earlier Community word mark World of medi, earlier national figurative and word marks medi.eu, medi welt, medi-Verband and medi, and earlier trading name and company name medi — Relative ground for refusal — Likelihood of confusion — Article 8(1) of Regulation (EC) No 207/2009) | 19 |
| 2011/C 340/39 | Case T-421/10: Judgment of the General Court of 5 October 2011 — Cooperativa Vitivinícola Arousana v OHIM — Sotelo Ares (ROSALIA DE CASTRO) (Community trade mark — Opposition proceedings — Application for Community word mark ROSALIA DE CASTRO — Earlier national word mark ROSALIA — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Assessment of the conceptual similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009) | 19 |
| 2011/C 340/40 | Case T-94/05 RENV II: Order of the General Court of 22 September 2011 — Athinaïki Techniki v Commission (State aid — Complaint — Decision to take no further action on the complaint — Referral back to the General Court after setting aside — No need to adjudicate) | 20 |
| 2011/C 340/41 | Case T-141/05 RENV: Order of the General Court of 21 September 2011 — Internationaler Hilfsfonds v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to contract LIEN 97/2011 — Refusal of access — Fresh examination in the course of proceedings — Bringing of a separate action — Disappearance of the interest in bringing proceedings — No need to adjudicate) | 20 |
| 2011/C 340/42 | Case T-195/09: Order of the General Court of 19 September 2011 — Matkompaniet v OHIM — DF World of Spices (KATOZ) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate) | 20 |
| 2011/C 340/43 | Case T-473/09: Order of the General Court of 19 September 2011 — Matkompaniet v OHIM — DF World of Spices (KATOZ) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate) | 21 |
| 2011/C 340/44 | Case T-1/10: Order of the General Court of 21 September 2011 — PPG and SNF v ECHA (Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Act not amenable to review — Inadmissibility) | 21 |
| 2011/C 340/45 | Case T-267/10: Order of the General Court of 20 September 2011 — Land Wien v Commission (Nuclear power — Application initiating proceedings — Action for annulment — Decision of the Commission not to take any further action in respect of a complaint concerning the project for extension of blocks of a nuclear power plant — Action for a declaration of failure to act — Failure by the Commission to send all documents requested relevant to that project — Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility) | 22 |
| 2011/C 340/46 | Case T-268/10: Order of the General Court of 21 September 2011 — PPG and SNF v ECHA (Actions for annulment — REACH — Identification of acrylamide as a substance of very high concern — Time-limit for bringing an action — Inadmissibility) | 22 |
| 2011/C 340/47 | Case T-343/10: Order of the General Court of 21 September 2011 — Etimine and Etiproducts v ECHA (Action for annulment — REACH — Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern — No direct concern — Inadmissibility) | 22 |
| 2011/C 340/48 | Case T-346/10: Order of the General Court of 21 September 2011 — Borax Europe v ECHA (Action for annulment — REACH — Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern — No direct concern — Inadmissibility) | 23 |
| 2011/C 340/49 | Case T-193/11: Order of the General Court of 23 September 2011 — Ahoua-N’Guetta and Others v Council (Common foreign and security policy — Restrictive measures taken in the light of the situation in Côte d'Ivoire — Actions for annulment — Inaction by the applicant — No need to adjudicate) | 23 |
| 2011/C 340/50 | Case T-194/11: Order of the General Court of 23 September 2011 — Bro Grébé v Council (Common Foreign and Security Policy — Restrictive measures taken with regard to the situation in Côte d'Ivoire — Action for annulment — Inaction of the applicant — No need to adjudicate) | 24 |
| 2011/C 340/51 | Case T-317/10 P: Appeal brought on 18 July 2011 by L against the judgment of the Civil Service Tribunal of 7 July 2010 in Joined Cases F-116/07, F-13/08 and F-31/08 L v European Parliament | 24 |
| 2011/C 340/52 | Case T-461/11: Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura) | 25 |
| 2011/C 340/53 | Case T-478/11: Action brought on 9 September 2011 — France v Commission | 25 |
| 2011/C 340/54 | Case T-479/11: Action brought on 9 September 2011 — France v Commission | 26 |
| 2011/C 340/55 | Case T-480/11: Action brought on 9 September 2011 — Technion — Israel Institute of Technology and Technion Research & Development v Commission | 27 |
| 2011/C 340/56 | Case T-486/11: Action brought on 2 September 2011 — Telekomunikacja Polska v Commission | 27 |
| 2011/C 340/57 | Case T-487/11: Action brought on 9 September 2011 — Banco Privado Português, S.A. and Massa insolvente do Banco Privado Português v Commission | 28 |
| 2011/C 340/58 | Case T-496/11: Action brought on 15 September 2011 — United Kingdom v ECB | 29 |
| 2011/C 340/59 | Case T-502/11: Action brought on 26 September 2011 — Sanofi Pasteur MSD v OHIM — Mundipharma (Representation of a device of crossing sickles) | 30 |
| 2011/C 340/60 | Case T-504/11: Action brought on 27 September 2011 — Hartmann v OHIM — Protecsom (DIGNITUDE) | 31 |
| 2011/C 340/61 | Case T-509/11: Action brought on 28 September 2011 — Makhlouf v Council | 31 |
| 2011/C 340/62 | Case T-511/11: Action brought on 26 September 2011 — France v Commission | 31 |
| 2011/C 340/63 | Case T-368/07: Order of the General Court of 19 September 2011 — Lithuania v Commission | 32 |
| | European Union Civil Service Tribunal |
| 2011/C 340/64 | Case F-8/05 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Fouwels and Others v Commission (Staff case — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Civil Service Tribunal — Decision of the Tribunal — Application for revision of an order removing a case from the register following discontinuance — No binding effect — Inadmissibility raised by the Tribunal of its own motion) | 33 |
| 2011/C 340/65 | Case F-23/06: Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Abad-Villanueva and Others v Commission (Staff case — Officials — Appointment — Article 5(2) of Annex XIII to the Staff Regulations — Internal competitions for transfer from one category to another published before 1 May 2004 — Candidates appearing on reserve lists before 1 May 2006 — Grading — Maintenance of the multiplicaton factor — Loss of promotion points) | 33 |
| 2011/C 340/66 | Case F-29/06: Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Arnaldos Rosauro and Others v Commission (Staff case — Officials — Appointment — Article 5(2) of Annex XIII to the Staff Regulations — Internal competitions for transfer from one category to another published before 1 May 2004 — Candidates appearing on reserve lists before 1 May 2006 — Grading — Application of a multiplication factor of less than 1 — Loss of promotion points) | 34 |
| 2011/C 340/67 | Case F-31/06: Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Pino v Commission (Staff case — Officials — Appointment — Article 5(2) of Annex XIII to the Staff Regulations — Internal competitions for transfer from one category to another published before 1 May 2004 — Candidate appearing on the reserve list before 1 May 2006 — Grading — Application of a multiplication factor of less than 1 — Loss of promotion points) | 34 |
| 2011/C 340/68 | Case F-45/06 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — De Buggenoms and Others v Commission (Civil Service — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Tribunal — Decision of the Tribunal — Application for revision relating to an order for removal from the register following withdrawal from the proceedings — Res judicata — Absence — Inadmissibility raised by the Tribunal of its own motion) | 34 |
| 2011/C 340/69 | Case F-103/06 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Saintraint v Commission (Staff case — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Civil Service Tribunal — Decision of the Tribunal — Application for revision of an order removing a case from the register following discontinuance — No binding effect — Inadmissibility raised by the Tribunal of its own motion) | 35 |
| 2011/C 340/70 | Case F-9/07: Judgment of the Civil Service Tribunal (First Chamber) of 29 September 2011 — Angé Serrano v Parliament (Civil Service — Officials — Change of category under the old Staff Regulations — Transitional rules for grading as at 1 May 2004 — Decision of the Bureau of the European Parliament of 13 February 2006 — Reclassification on the basis of the salary of officials receiving a compensatory payment — Applicable multiplier — Loss of promotion points — Claim for compensation) | 35 |
| 2011/C 340/71 | Case F-98/09: Judgment of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Sarah Whitehead v European Central Bank (Civil service — Staff of the ECB — Annual salary and bonus review — 2008 review — Annual assessment — Criteria for assessment — Staff Committee consultation — Taking account of periods of sick leave — Setting of objectives) | 36 |
| 2011/C 340/72 | Case F-101/09: Judgment of the Civil Service Tribunal (First Chamber) of 13 September 2011 — AA v Commission (Staff cases — Appointment — Members of the temporary staff appointed as officials — Classification in grade — Implementation of a judgment — Loss of opportunity) | 36 |
| 2011/C 340/73 | Case F-13/10: Judgment of the Civil Service Tribunal (First Chamber) of 28 September 2011 — De Nicola v EIB (Staff cases — Staff of the European Investment Bank — Assessment — Promotion — Action for damages — Admissibility) | 37 |
| 2011/C 340/74 | Case F-68/10: Judgment of the Civil Service Tribunal (First Chamber) of 13 September 2011 — Behnke v Commission (Civil Service — Officials — 2009 appraisal and promotion exercise — Statement of reasons of the opinion of the Joint Appraisal and Promotion Committee — Manifest error of assessment) | 37 |
| 2011/C 340/75 | Case F-117/10: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Van Soest v Commission (Civil Service — Recruitment — Competition — Conditions for admission — Required qualification — Concept of a diploma attesting to a level of secondary education and giving access to post-secondary education — Decisions of the selection board for a competition — Nature of the review exercised by the appointing authority) | 37 |
| 2011/C 340/76 | Case F-65/06: Judgment of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Pereira Sequeira v Commission (Staff case — Officials — Appointment — Internal competition published before 1 May 2004 — Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 — Grading — Articles 5(4) and 12(3) of Annex XIII to the Staff Regulations — Secretarial allowance — Action in part clearly inadmissible and in part clearly unfounded) | 38 |
| 2011/C 340/77 | Case F-66/06: Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Kyriazi v Commission (Staff case — Officials — Appointment — Internal competition published before 1 May 2004 — Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 — Grading — Articles 5(4) and 12(3) of Annex XIII to the Staff Regulations — Secretarial allowance — Action in part clearly inadmissible and in part clearly unfounded) | 38 |
| 2011/C 340/78 | Case F-105/06: Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Lübking and Others v Commission (Civil Service — Officials — Promotion — 2005 promotion exercise — New career structure — Extension of career by the introduction of new grades with no equivalents in the old Staff Regulations — Application of Article 45 of the Staff Regulations, Annex XIII to the Staff Regulations and the GIP applicable with effect from 2005 — Principle of equal treatment — Retroactive effect of promotion decisions to a date prior to 1 May 2004 — Transitional measures — Action manifestly bound to fail) | 38 |
| 2011/C 340/79 | Case F-42/07: Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Prieto v Parliament (Staff case — Officials — Appointment — Internal competition published before 1 May 2004 — Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 — Grading — Articles 5(4) and 13(1) of Annex XIII to the Staff Regulations — Secretarial allowance — Action in part clearly inadmissible and in part clearly unfounded) | 39 |
| 2011/C 340/80 | Case F-75/07: Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Brown and Volpato v Commission (Staff Cases — Officials — Promotion — 2006 promotion year — New career structures — Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations — Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 — Principle of equal treatment — Retroactive effect of promotion decisions to a date prior to 1 May 2004 — Transitional measures — Action which must manifestly be dismissed) | 39 |
| 2011/C 340/81 | Case F-82/07: Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Dittert v Commission (Staff Cases — Officials — Promotion — 2006 promotion year — New career structures — Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations — Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 — Principle of equal treatment — Retroactive effect of promotion decisions to a date prior to 1 May 2004 — Transitional measures — Action which must manifestly be dismissed) | 40 |
| 2011/C 340/82 | Case F-6/11: Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — M v EMA (Civil service — Action for damages — Action manifestly inadmissible) | 40 |
| 2011/C 340/83 | Case F-77/11: Action brought on 1 August 2011 — ZZ v Council | 40 |
| 2011/C 340/84 | Case F-81/11: Action brought on 8 August 2011 — ZZ v EASA | 41 |
| 2011/C 340/85 | Case F-82/11: Action brought on 17 August 2011 — ZZ and Others v Parliament | 41 |
| 2011/C 340/86 | Case F-83/11: Action brought on 26 August 2011 — ZZ v Commission | 41 |
| 2011/C 340/87 | Case F-84/11: Action brought on 29 August 2011 — ZZ and Others v Court of Justice | 42 |
| 2011/C 340/88 | Case F-85/11: Action brought on 29 August 2011 — ZZ v Commission | 42 |
| 2011/C 340/89 | Case F-86/11: Action brought on 8 September 2011 — ZZ v Committee of the Regions | 42 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2011/C 340/02

Case C-520/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Arkema SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — European market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Obligation to state reasons)

2

2011/C 340/03

Case C-521/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Elf Aquitaine SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — Market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Rights of the defence — Obligation to state reasons)

2

2011/C 340/04

Case C-82/10: Judgment of the Court (Fourth Chamber) of 29 September 2011 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 73/239/EEC — Articles 6, 8, 9, 13 and 15 to 17 — Directive 92/49/EEC — Articles 22 and 23 — Direct insurance other than life assurance — Amendment of statutes of an insurance body as regards its capacity — Non-application of the European Union insurance legislation in respect of insurance other than life assurance)

3

2011/C 340/05

Case C-187/10: Judgment of the Court (Second Chamber) of 29 September 2011 (reference for a preliminary ruling from the Raad van State — Netherlands) — Baris Unal v Staatssecretaris van Justitie (EEC-Turkey Association Agreement — Decision No 1/80 of the Association Council — Article 6(1), first indent — Turkish national — Residence permit — Family reunification — Separation of the partners — Withdrawal of the residence permit — Retroactive effect)

3

2011/C 340/06

Case C-387/10: Judgment of the Court (Seventh Chamber) of 29 September 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Freedom to provide services — Legislation of a Member State concerning investment funds and real property investment funds — Evidence relating to revenue regarded as distributed — Evidence provided by way of a tax representative — ‘National’ financial institutions and business trustees recognised as tax representatives)

4

2011/C 340/07

Joined Cases C-54/10 P and C-55/10 P: Order of the Court (Seventh Chamber) of 22 June 2011 — Agencja Wydawnicza Technopol sp. zoo v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Refusal to register signs ‘350’, ‘250’, ‘150’, ‘222’, ‘333’ and ‘555’ as trade marks for periodicals, books and game booklets — Regulation (EC) No 40/94 — Article 7(1)(c) — Descriptive character — Obligation on OHIM to take account of its earlier decision-making practice)

4

2011/C 340/08

Case C-56/10 P: Order of the Court (Seventh Chamber) of 22 June 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Figurative marks 100 and 300 — Refusal of registration — Regulation (EC) No 40/94 — Article 7(1)(b) and (c) — Distinctive character — Descriptive character — Article 38(2) — Disclaimer of any exclusive right to a non-distinctive element of a trade mark applied for)

5

2011/C 340/09

Case C-521/10 P: Order of the Court of 22 June 2011 — Grúas Abril Asistencia, SL v European Commission (Appeal — Article 119 of the Rules of Procedure — Alleged infringements of the provisions of European Union law relating to competition — Application seeking to require the Commission to initiate proceedings against a Member State for failure to fulfil obligations)

5

2011/C 340/10

Case C-144/11: Order of the Court (Fifth Chamber) of 8 September 2011 — (reference for a preliminary ruling from the Giudice di pace di Mestre — Italy) — Criminal proceedings against Asad Abdallah (Reference for a preliminary ruling — No description of the factual context of the main proceedings — Manifest inadmissibility)

5

2011/C 340/11

Case C-421/11 P: Appeal brought on 11 August 2011 by Total SA and Elf Aquitaine SA against the judgment delivered on 7 June 2011 in Case T-206/06 Total SA and Elf Aquitaine SA v Commission

6

2011/C 340/12

Case C-433/11: Reference for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 22 August 2011 — SKP v Kveta Polhošová

7

2011/C 340/13

Case C-435/11: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 26 August 2011 — CHS Tour Services GmbH v Team 4 Travel GmbH

8

2011/C 340/14

Case C-445/11 P: Appeal brought on 31 August 2011 by Bavaria NV against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-235/07 Bavaria NV v European Commission

8

2011/C 340/15

Case C-452/11 P: Appeal brought on 2 September 2011 by Heineken Nederland BV and Heineken NV against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-240/07 Heineken Nederland BV and Heineken NV v European Commission

9

2011/C 340/16

Case C-453/11 P: Appeal brought on 2 September 2011 by Timehouse GmbH against the judgment of the General Court (Third Chamber) delivered on 6 July 2011 in Case T-235/10 Timehouse GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

10

2011/C 340/17

Case C-461/11: Reference for a preliminary ruling from the Stockholms tingsrätt (Sweden) lodged on 2 September 2011 — Ulf Kazimierz Radziejewski v Kronofogdemyndigheten i Stockholm

10

2011/C 340/18

Case C-464/11: Reference for a preliminary ruling from the Tribunale di Palermo — Sezione Distaccata di Bagheria (Italy) lodged on 7 September 2011 — Paola Galioto v Maria Guccione and Others

10

2011/C 340/19

Case C-468/11: Action brought on 13 September 2011 — European Commission v Kingdom of Spain

11

2011/C 340/20

Case C-476/11: Reference for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 19 September 2011 — HK Danmark acting on behalf of Glennie Kristensen v Experian A/S

11

2011/C 340/21

Case C-497/11 P: Appeal brought on 27 September 2011 by the Hellenic Republic against the judgment of the General Court (Sixth Chamber) delivered on 13 July 2011 in Case T-81/09 Hellenic Republic v Commission

Hellenic Republic

Commission

12

2011/C 340/22

Case C-508/11 P: Appeal brought on 3 October 2011 by ENI SpA against the judgment of the General Court (First Chamber) delivered on 13 July 2011 in Case T-39/07 ENI v Commission

12

2011/C 340/23

Case C-511/11 P: Appeal brought on 4 October 2011 by Polimeri Europa SpA against the judgment of the General Court (First Chamber) delivered on 13 July 2011 in Case T-59/07 Polimeri Europa v Commission

13

2011/C 340/24

Case C-346/10: Order of the President of the Court of 4 August 2011 — European Commission v Republic of Greece

14

2011/C 340/25

Case C-597/10: Order of the President of the Court of 8 August 2011 — European Commission v French Republic

14

2011/C 340/26

Case C-151/11: Order of the President of the Court of 22 June 2011 (reference for a preliminary ruling from the Landgericht Frankfurt am Main (Germany)) — Condor Flugdienst GmbH v Jürgen Dörschel

14

General Court

2011/C 340/27

Case T-11/06: Judgment of the General Court of 5 October 2011 — Romana Tabacchi v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Participation in the infringement — Duration of the infringement — Fines — Attenuating circumstances — Maximum limit of 10 % of turnover — Equal treatment — Power of unlimited jurisdiction)

15

2011/C 340/28

Case T-19/06: Judgment of the General Court of 5 October 2011 — Mindo v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Payment of the fine by the jointly and severally liable debtor — Applicant involved in an insolvency procedure in the course of the proceedings — No longer any interest in bringing proceedings — No need to adjudicate)

15

2011/C 340/29

Case T-39/06: Judgment of the General Court of 5 October 2011 — Transcatab v Commission (Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Attributability of the unlawful conduct — Fines — Proportionality — Gravity and duration of the infringement — Attenuating circumstances — Cooperation)

15

2011/C 340/30

Case T-488/08: Judgment of the General Court of 6 October 2011 — Galileo International Technology v OHIM — Galileo Sistemas y Servicios (GSS GALILEO SISTEMAS Y SERVICIOS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ‘GSS GALILEO SISTEMAS Y SERVICIOS’ — Earlier Community word marks ‘GALILEO’ — Earlier Community figurative mark ‘powered by Galileo’ — Earlier Community figurative marks ‘GALILEO INTERNATIONAL’ — Relative ground for refusal — Lack of likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

16

2011/C 340/31

Case T-508/08: Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker) (Community trade mark — Application for a three-dimensional Community trade mark — Representation of a loudspeaker — Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal — Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) — Absolute ground for refusal — Sign which consists exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))

16

2011/C 340/32

Case T-118/09: Judgment of the General Court of 5 October 2011 — La Sonrisa de Carmen and Bloom Clothes v OHIM — Heldmann (BLOOMCLOTHES) (Community trade mark — Opposition proceedings — Application for Community figurative mark BLOOMCLOTHES — Earlier national word mark BLOOM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

17

2011/C 340/33

Case T-425/09: Judgment of the General Court of 6 October 2011 — Honda Motor v OHIM — Blok (BLAST) (Community trade mark — Opposition proceedings — Application for the Community word mark BLAST — Earlier Community and Benelux word marks BLAST — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Council Regulation (EC) No 207/2009 — Weak distinctive character of the earlier marks)

17

2011/C 340/34

Case T-526/09: Judgment of the General Court of 5 October 2011 — PAKI Logistics v OHIM (PAKI) (Community trade mark — Application for the Community word mark PAKI — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/209)

17

2011/C 340/35

Case T-176/10: Judgment of the General Court of 6 October 2011 — Seven v OHIM — Seven For All Mankind (SEVEN FOR ALL MANKIND) (Community trade mark — Opposition proceedings — Application for Community word mark SEVEN FOR ALL MANKIND — Earlier Community and international figurative marks containing the word element ‘seven’ — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

18

2011/C 340/36

Case T-208/10: Judgment of the General Court of 7 July 2011 — Cree v OHIM (TRUEWHITE) (Community trade mark — Application for Community word mark TRUEWHITE — Absolute grounds for refusal — Article 7(1)(c) of Regulation No 207/2009 — Descriptive mark)

18

2011/C 340/37

Case T-246/10: Judgment of the General Court of 6 October 2011 — Industrias Francisco Ivars v OHIM — Motive (Mechanical speed reducer) (Community design — Invalidity proceedings — Registered Community design representing a mechanical speed reducer — Earlier Community design — Ground of invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

19

2011/C 340/38

Case T-247/10: Judgment of the General Court of 6 October 2011 — medi v OHIM — Deutsche Medien Center (deutschemedi.de) (Community trade mark — Opposition proceedings — Application for the Community word mark deutschemedi.de — Earlier Community word mark World of medi, earlier national figurative and word marks medi.eu, medi welt, medi-Verband and medi, and earlier trading name and company name medi — Relative ground for refusal — Likelihood of confusion — Article 8(1) of Regulation (EC) No 207/2009)

19

2011/C 340/39

Case T-421/10: Judgment of the General Court of 5 October 2011 — Cooperativa Vitivinícola Arousana v OHIM — Sotelo Ares (ROSALIA DE CASTRO) (Community trade mark — Opposition proceedings — Application for Community word mark ROSALIA DE CASTRO — Earlier national word mark ROSALIA — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Assessment of the conceptual similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

19

2011/C 340/40

Case T-94/05 RENV II: Order of the General Court of 22 September 2011 — Athinaïki Techniki v Commission (State aid — Complaint — Decision to take no further action on the complaint — Referral back to the General Court after setting aside — No need to adjudicate)

20

2011/C 340/41

Case T-141/05 RENV: Order of the General Court of 21 September 2011 — Internationaler Hilfsfonds v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to contract LIEN 97/2011 — Refusal of access — Fresh examination in the course of proceedings — Bringing of a separate action — Disappearance of the interest in bringing proceedings — No need to adjudicate)

20

2011/C 340/42

Case T-195/09: Order of the General Court of 19 September 2011 — Matkompaniet v OHIM — DF World of Spices (KATOZ) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)

20

2011/C 340/43

Case T-473/09: Order of the General Court of 19 September 2011 — Matkompaniet v OHIM — DF World of Spices (KATOZ) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)

21

2011/C 340/44

Case T-1/10: Order of the General Court of 21 September 2011 — PPG and SNF v ECHA (Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Act not amenable to review — Inadmissibility)

21

2011/C 340/45

Case T-267/10: Order of the General Court of 20 September 2011 — Land Wien v Commission (Nuclear power — Application initiating proceedings — Action for annulment — Decision of the Commission not to take any further action in respect of a complaint concerning the project for extension of blocks of a nuclear power plant — Action for a declaration of failure to act — Failure by the Commission to send all documents requested relevant to that project — Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility)

22

2011/C 340/46

Case T-268/10: Order of the General Court of 21 September 2011 — PPG and SNF v ECHA (Actions for annulment — REACH — Identification of acrylamide as a substance of very high concern — Time-limit for bringing an action — Inadmissibility)

22

2011/C 340/47

Case T-343/10: Order of the General Court of 21 September 2011 — Etimine and Etiproducts v ECHA (Action for annulment — REACH — Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern — No direct concern — Inadmissibility)

22

2011/C 340/48

Case T-346/10: Order of the General Court of 21 September 2011 — Borax Europe v ECHA (Action for annulment — REACH — Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern — No direct concern — Inadmissibility)

23

2011/C 340/49

Case T-193/11: Order of the General Court of 23 September 2011 — Ahoua-N’Guetta and Others v Council (Common foreign and security policy — Restrictive measures taken in the light of the situation in Côte d'Ivoire — Actions for annulment — Inaction by the applicant — No need to adjudicate)

23

2011/C 340/50

Case T-194/11: Order of the General Court of 23 September 2011 — Bro Grébé v Council (Common Foreign and Security Policy — Restrictive measures taken with regard to the situation in Côte d'Ivoire — Action for annulment — Inaction of the applicant — No need to adjudicate)

24

2011/C 340/51

Case T-317/10 P: Appeal brought on 18 July 2011 by L against the judgment of the Civil Service Tribunal of 7 July 2010 in Joined Cases F-116/07, F-13/08 and F-31/08 L v European Parliament

24

2011/C 340/52

Case T-461/11: Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)

25

2011/C 340/53

Case T-478/11: Action brought on 9 September 2011 — France v Commission

25

2011/C 340/54

Case T-479/11: Action brought on 9 September 2011 — France v Commission

26

2011/C 340/55

Case T-480/11: Action brought on 9 September 2011 — Technion — Israel Institute of Technology and Technion Research & Development v Commission

27

2011/C 340/56

Case T-486/11: Action brought on 2 September 2011 — Telekomunikacja Polska v Commission

27

2011/C 340/57

Case T-487/11: Action brought on 9 September 2011 — Banco Privado Português, S.A. and Massa insolvente do Banco Privado Português v Commission

28

2011/C 340/58

Case T-496/11: Action brought on 15 September 2011 — United Kingdom v ECB

29

2011/C 340/59

Case T-502/11: Action brought on 26 September 2011 — Sanofi Pasteur MSD v OHIM — Mundipharma (Representation of a device of crossing sickles)

30

2011/C 340/60

Case T-504/11: Action brought on 27 September 2011 — Hartmann v OHIM — Protecsom (DIGNITUDE)

31

2011/C 340/61

Case T-509/11: Action brought on 28 September 2011 — Makhlouf v Council

31

2011/C 340/62

Case T-511/11: Action brought on 26 September 2011 — France v Commission

31

2011/C 340/63

Case T-368/07: Order of the General Court of 19 September 2011 — Lithuania v Commission

32

European Union Civil Service Tribunal

2011/C 340/64

Case F-8/05 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Fouwels and Others v Commission (Staff case — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Civil Service Tribunal — Decision of the Tribunal — Application for revision of an order removing a case from the register following discontinuance — No binding effect — Inadmissibility raised by the Tribunal of its own motion)

33

2011/C 340/65

Case F-23/06: Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Abad-Villanueva and Others v Commission (Staff case — Officials — Appointment — Article 5(2) of Annex XIII to the Staff Regulations — Internal competitions for transfer from one category to another published before 1 May 2004 — Candidates appearing on reserve lists before 1 May 2006 — Grading — Maintenance of the multiplicaton factor — Loss of promotion points)

33

2011/C 340/66

Case F-29/06: Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Arnaldos Rosauro and Others v Commission (Staff case — Officials — Appointment — Article 5(2) of Annex XIII to the Staff Regulations — Internal competitions for transfer from one category to another published before 1 May 2004 — Candidates appearing on reserve lists before 1 May 2006 — Grading — Application of a multiplication factor of less than 1 — Loss of promotion points)

34

2011/C 340/67

Case F-31/06: Judgment of the Civil Service Tribunal (First Chamber) of 26 September 2011 — Pino v Commission (Staff case — Officials — Appointment — Article 5(2) of Annex XIII to the Staff Regulations — Internal competitions for transfer from one category to another published before 1 May 2004 — Candidate appearing on the reserve list before 1 May 2006 — Grading — Application of a multiplication factor of less than 1 — Loss of promotion points)

34

2011/C 340/68

Case F-45/06 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — De Buggenoms and Others v Commission (Civil Service — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Tribunal — Decision of the Tribunal — Application for revision relating to an order for removal from the register following withdrawal from the proceedings — Res judicata — Absence — Inadmissibility raised by the Tribunal of its own motion)

34

2011/C 340/69

Case F-103/06 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Saintraint v Commission (Staff case — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Civil Service Tribunal — Decision of the Tribunal — Application for revision of an order removing a case from the register following discontinuance — No binding effect — Inadmissibility raised by the Tribunal of its own motion)

35

2011/C 340/70

Case F-9/07: Judgment of the Civil Service Tribunal (First Chamber) of 29 September 2011 — Angé Serrano v Parliament (Civil Service — Officials — Change of category under the old Staff Regulations — Transitional rules for grading as at 1 May 2004 — Decision of the Bureau of the European Parliament of 13 February 2006 — Reclassification on the basis of the salary of officials receiving a compensatory payment — Applicable multiplier — Loss of promotion points — Claim for compensation)

35

2011/C 340/71

Case F-98/09: Judgment of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Sarah Whitehead v European Central Bank (Civil service — Staff of the ECB — Annual salary and bonus review — 2008 review — Annual assessment — Criteria for assessment — Staff Committee consultation — Taking account of periods of sick leave — Setting of objectives)

36

2011/C 340/72

Case F-101/09: Judgment of the Civil Service Tribunal (First Chamber) of 13 September 2011 — AA v Commission (Staff cases — Appointment — Members of the temporary staff appointed as officials — Classification in grade — Implementation of a judgment — Loss of opportunity)

36

2011/C 340/73

Case F-13/10: Judgment of the Civil Service Tribunal (First Chamber) of 28 September 2011 — De Nicola v EIB (Staff cases — Staff of the European Investment Bank — Assessment — Promotion — Action for damages — Admissibility)

37

2011/C 340/74

Case F-68/10: Judgment of the Civil Service Tribunal (First Chamber) of 13 September 2011 — Behnke v Commission (Civil Service — Officials — 2009 appraisal and promotion exercise — Statement of reasons of the opinion of the Joint Appraisal and Promotion Committee — Manifest error of assessment)

37

2011/C 340/75

Case F-117/10: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Van Soest v Commission (Civil Service — Recruitment — Competition — Conditions for admission — Required qualification — Concept of a diploma attesting to a level of secondary education and giving access to post-secondary education — Decisions of the selection board for a competition — Nature of the review exercised by the appointing authority)

37

2011/C 340/76

Case F-65/06: Judgment of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Pereira Sequeira v Commission (Staff case — Officials — Appointment — Internal competition published before 1 May 2004 — Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 — Grading — Articles 5(4) and 12(3) of Annex XIII to the Staff Regulations — Secretarial allowance — Action in part clearly inadmissible and in part clearly unfounded)

38

2011/C 340/77

Case F-66/06: Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Kyriazi v Commission (Staff case — Officials — Appointment — Internal competition published before 1 May 2004 — Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 — Grading — Articles 5(4) and 12(3) of Annex XIII to the Staff Regulations — Secretarial allowance — Action in part clearly inadmissible and in part clearly unfounded)

38

2011/C 340/78

Case F-105/06: Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Lübking and Others v Commission (Civil Service — Officials — Promotion — 2005 promotion exercise — New career structure — Extension of career by the introduction of new grades with no equivalents in the old Staff Regulations — Application of Article 45 of the Staff Regulations, Annex XIII to the Staff Regulations and the GIP applicable with effect from 2005 — Principle of equal treatment — Retroactive effect of promotion decisions to a date prior to 1 May 2004 — Transitional measures — Action manifestly bound to fail)

38

2011/C 340/79

Case F-42/07: Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — Prieto v Parliament (Staff case — Officials — Appointment — Internal competition published before 1 May 2004 — Member of the temporary staff appearing on the list of suitable candidates before 1 May 2006 — Grading — Articles 5(4) and 13(1) of Annex XIII to the Staff Regulations — Secretarial allowance — Action in part clearly inadmissible and in part clearly unfounded)

39

2011/C 340/80

Case F-75/07: Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Brown and Volpato v Commission (Staff Cases — Officials — Promotion — 2006 promotion year — New career structures — Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations — Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 — Principle of equal treatment — Retroactive effect of promotion decisions to a date prior to 1 May 2004 — Transitional measures — Action which must manifestly be dismissed)

39

2011/C 340/81

Case F-82/07: Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Dittert v Commission (Staff Cases — Officials — Promotion — 2006 promotion year — New career structures — Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations — Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 — Principle of equal treatment — Retroactive effect of promotion decisions to a date prior to 1 May 2004 — Transitional measures — Action which must manifestly be dismissed)

40

2011/C 340/82

Case F-6/11: Order of the Civil Service Tribunal (First Chamber) of 28 September 2011 — M v EMA (Civil service — Action for damages — Action manifestly inadmissible)

40

2011/C 340/83

Case F-77/11: Action brought on 1 August 2011 — ZZ v Council

40

2011/C 340/84

Case F-81/11: Action brought on 8 August 2011 — ZZ v EASA

41

2011/C 340/85

Case F-82/11: Action brought on 17 August 2011 — ZZ and Others v Parliament

41

2011/C 340/86

Case F-83/11: Action brought on 26 August 2011 — ZZ v Commission

41

2011/C 340/87

Case F-84/11: Action brought on 29 August 2011 — ZZ and Others v Court of Justice

42

2011/C 340/88

Case F-85/11: Action brought on 29 August 2011 — ZZ v Commission

42

2011/C 340/89

Case F-86/11: Action brought on 8 September 2011 — ZZ v Committee of the Regions

42

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