# Official Journal C 362/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.362.eng |
| --- | --- |
| Official Journal
  of the European Union | C 362 |
| | |
| English edition | Information and Notices | Volume 5410 December 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.362.eng

Official Journal

of the European Union

C 362

English edition

Information and Notices

Volume 5410 December 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 362/01 | Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 355, 3.12.2011 | 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 362/01

Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 355, 3.12.2011

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2011/C 362/02 | Case C-128/09 to C-131/09, C-134/09 and C-135/09: Judgment of the Court (Grand Chamber) of 18 October 2011 (reference for a preliminary ruling from the Conseil d’État — Belgium) — Antoine Boxus, Willy Roua (C-128/09), Guido Durlet and Others (C-129/09), Paul Fastrez, Henriette Fastrez (C-130/09), Philippe Daras (C-131/09), Association des riverains et habitants des communes proches de l’aéroport BSCA (Brussels South Charleroi Airport) (ARACh) (C-134/09 and C-135/09), Bernard Page (C-134/09), Léon L’Hoir, Nadine Dartois (C-135/09) v Région wallonne (Assessment of the effects of projects on the environment — Directive 85/337/EEC — Scope — Concept of ‘specific act of national legislation’ — Aarhus Convention — Access to justice in environmental matters — Extent of the right to a review procedure in respect of a legislative act) | 2 |
| 2011/C 362/03 | Case C-284/09: Judgment of the Court (First Chamber) of 20 October 2011 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Free movement of capital — Article 56 EC and Article 40 of the Agreement on the European Economic Area — Taxation of dividends — Dividends distributed to companies established in national territory and to companies established in another Member State or a State of the European Economic Area — Different treatment) | 3 |
| 2011/C 362/04 | Case C-396/09: Judgment of the Court (First Chamber) of 20 October 2011 (reference for a preliminary ruling from the Tribunale ordinario di Bari — Italy) — Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA (Reference for a preliminary ruling — Whether a lower court has the power to refer a question to the Court for a preliminary ruling — Regulation (EC) No 1346/2000 — Insolvency proceedings — International jurisdiction — The centre of a debtor’s main interests — Transfer of a registered office to another Member State — Concept of establishment) | 3 |
| 2011/C 362/05 | Case C-406/09: Judgment of the Court (Grand Chamber) of 18 October 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Realchemie Nederland BV v Bayer CropScience AG (Regulation (EC) No 44/2001 — Jurisdiction and recognition and enforcement of judgments — Definition of ‘civil and commercial matters’ — Recognition and enforcement of an order imposing a fine — Directive 2004/48/EC — Intellectual property rights — Infringement of those rights — Measures, procedures and remedies — Sentence — Exequatur procedure — Related legal costs) | 4 |
| 2011/C 362/06 | Case C-549/09: Judgment of the Court (Sixth Chamber) of 20 October 2011 — European Commission v French Republic (Failure to fulfil obligations — State aid — Aid granted to fish farmers and fishermen — Decision declaring that aid incompatible with the common market — Obligation to recover immediately the aid declared unlawful and incompatible and to inform the Commission — Non-compliance — Absolute impossibility of compliance) | 5 |
| 2011/C 362/07 | Case C-34/10: Judgment of the Court (Grand Chamber) of 18 October 2011 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Oliver Brüstle v Greenpeace e.V. (Directive 98/44/EC — Article 6(2)(c) — Legal protection of biotechnological inventions — Extraction of precursor cells from human embryonic stem cells — Patentability — Exclusion of ‘uses of human embryos for industrial or commercial purposes’ — Concepts of ‘human embryo’ and ‘use for industrial or commercial purposes’) | 5 |
| 2011/C 362/08 | Case C-94/10: Judgment of the Court (First Chamber) of 20 October 2011 (reference for a preliminary ruling from the Vestre Landsret — Denmark) — Danfoss A/S, Sauer-Danfoss ApS v Skatteministeriet (Indirect taxes — Excise duties on mineral oils — Incompatibility with European Union law — Non-repayment of excise duty to purchasers of goods to whom the excise duty has been passed on) | 6 |
| 2011/C 362/09 | Case C-123/10: Judgment of the Court (Fourth Chamber) of 20 October 2011 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Waltraud Brachner v Pensionsversicherungsanstalt (Social policy — Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Articles 3(1) and 4(1) — National scheme for annual pension adjustments — Exceptional increase in pensions for the year 2008 — Exclusion from that increase of pensions of an amount lower than the compensatory supplement standard rate — Exceptional increase in that standard rate for the year 2008 — Exclusion from entitlement to the compensatory supplement of pensioners whose income, including that of the spouse forming part of their household, exceeds that standard rate — Scope of application of the directive — Indirect discrimination against women — Justification — No justification) | 7 |
| 2011/C 362/10 | Case C-140/10: Judgment of the Court (First Chamber) of 20 October 2011 (reference for a preliminary ruling from the Hof van Cassatie (Belgium)) — Greenstar-Kanzi Europe NV v Jean Hustin, Jo Goossens (Regulation (EC) No 2100/94, as amended by Regulation (EC) No 873/2004 — Interpretation of Articles 11(1), 13(1) to (3), 16, 27, 94 and 104 — Principle of exhaustion of Community plant variety rights — Licensing contract — Action for infringement against a third party — Infringement of the licensing contract by the person enjoying the right of exploitation in his contractual relationship with the third party) | 7 |
| 2011/C 362/11 | Case C-225/10: Judgment of the Court (Second Chamber) of 20 October 2011 (reference for a preliminary ruling from the Sozialgericht Nürnberg (Germany)) — Juan Perez Garcia, Jose Arias Neira, Fernando Barrera Castro, Dolores Verdún Espinosa successor in title to José Bernal Fernández v Familienkasse Nürnberg (Social security — Regulation (EEC) No 1408/71 — Articles 77 and 78 — Pensioners entitled under the legislation of several Member States — Handicapped children — Family benefits for dependent children — Right to benefits in the former Member State of employment — Existence of a right to benefits in the Member State of residence — Failure to make a request — Choice of payment of an invalidity benefit incompatible with benefits for dependent children — Concept of ‘benefit for dependent children’ — Maintenance of rights acquired in the former Member State of employment) | 8 |
| 2011/C 362/12 | Case C-281/10 P: Judgment of the Court (Fourth Chamber) of 20 October 2011 — PepsiCo, Inc., v Grupo Promer Mon Graphic SA, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Regulation (EC) No 6/2002 — Articles 5, 6, 10 and 25(1)(d) — Community design — Registered Community design representing a circular promotional item — Prior Community design — Different overall impression — Degree of freedom of the designer — Informed user — Scope of review by the Courts — Distortion of the facts) | 9 |
| 2011/C 362/13 | Joined Cases C-344/10 P and C-345/10 P: Judgment of the Court (Third Chamber) of 20 October 2011 — Freixenet SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Applications for registration of Community trade marks representing a frosted white bottle and a frosted black matt bottle — Refusal to register — Lack of distinctive character) | 9 |
| 2011/C 362/14 | Case C-474/10: Judgment of the Court (Fourth Chamber) of 20 October 2011 (reference for a preliminary ruling from the Court of Appeal in Northern Ireland (United Kingdom)) — Department of the Environment for Northern Ireland v Seaport (NI) Ltd, Magherafelt District Council, F P McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts, Creagh Concrete Products Ltd (Reference for a preliminary ruling — Directive 2001/42/EC — Article 6 — Designation, for consultation purposes, of an authority likely to be concerned by the environmental effects of implementing plans and programmes — Possibility of authority to be consulted conceiving plans or programmes — Requirement to designate a separate authority — Arrangements for the information and consultation of the authorities and the public) | 10 |
| 2011/C 362/15 | Case C-457/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Verwertungsgesellschaft Wort (VG Wort) v Kyocera Mita Deutschland GmbH and Others | 10 |
| 2011/C 362/16 | Case C-458/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Verwertungsgesellschaft Wort (VG Wort) v Canon Deutschland GmbH | 11 |
| 2011/C 362/17 | Case C-459/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Fujitsu Technology Solutions GmbH v Verwertungsgesellschaft Wort (VG Wort) | 12 |
| 2011/C 362/18 | Case C-460/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Hewlett-Packard GmbH v Verwertungsgesellschaft Wort (VG Wort) | 12 |
| 2011/C 362/19 | Case C-496/11: Reference for a preliminary ruling from the Tribunal Central Administrativo Sul (Portugal) lodged on 26 September 2011 — Portugal Telecom SGPS, SA v Fazenda Pública | 13 |
| 2011/C 362/20 | Case C-510/11 P: Appeal brought on 29 September 2011 by Kone Oyj, Kone GmbH, Kone BV against the judgment of the General Court (Eighth Chamber) delivered on 13 July 2011 in Case T-151/07: Kone Oyj, Kone GmbH, Kone BV v European Commission | 13 |
| 2011/C 362/21 | Case C-517/11: Action brought on 7 October 2011 — European Commission v Hellenic Republic | 14 |
| 2011/C 362/22 | Case C-520/11: Action brought on 11 October 2011 — European Commission v French Republic | 15 |
| | General Court |
| 2011/C 362/23 | Case T-287/08: Order of the General Court of 25 October 2011 — Cadila Healthcare v OHIM — Laboratorios Inibsa (ZYDUS) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate) | 17 |
| 2011/C 362/24 | Case T-95/09: Order of the General Court of 20 October 2011 — United Phosphorus v Commission (Plant protection products — Active substance napropamide — Non-inclusion in Annex I to Directive 91/414/EEC — Adoption of a subsequent directive — No need to adjudicate) | 17 |
| 2011/C 362/25 | Case T-506/11: Action brought on 26 September 2011 — Peek & Cloppenburg v OHIM — Peek & Cloppenburg (Peek & Cloppenburg) | 17 |
| 2011/C 362/26 | Case T-507/11: Action brought on 26 September 2011 — Peek & Cloppenburg v OHIM — Peek & Cloppenburg (Peek & Cloppenburg) | 18 |
| 2011/C 362/27 | Case T-528/11: Action brought on 6 October 2011 — Aloe Vera of America v OHIM — Diviril (FOREVER) | 18 |
| 2011/C 362/28 | Case T-529/11: Action brought on 29 September 2011 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador) | 19 |
| 2011/C 362/29 | Case T-530/11: Action brought on 7 October 2011 — Chivas v OHIM — Glencairn Scotch Whisky (CHIVALRY) | 19 |
| 2011/C 362/30 | Case T-537/11: Action brought on 10 October 2011 — Hultafors Group v OHIM — Società Italiana Calzature (Snickers) | 20 |
| 2011/C 362/31 | Case T-541/11: Action brought on 10 October 2011 — Fundação Calouste Gulbenkian v OHIM — Gulbenkian (GULBENKIAN) | 20 |
| 2011/C 362/32 | Case T-447/07: Order of the General Court of 19 October 2011 — Scovill Fasteners v Commission | 21 |
| 2011/C 362/33 | Case T-521/10: Order of the General Court of 18 October 2011 — Confortel Gestión v OHIM — Homargrup (CONFORTEL AQUA 4) | 21 |
| | European Union Civil Service Tribunal |
| 2011/C 362/34 | Case F-12/09: Judgment of the Civil Service Tribunal (Third Chamber) of 14 September 2011 — A v Commission (Staff case — Officials — Occupational disease — Relationship between the procedures under Articles 73 and 78 of the Staff Regulations — Provisional allowance — Reimbursement of medical costs — Access to the individual file) | 22 |
| 2011/C 362/35 | Case F-100/09: Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 Michail v Commission (Civil service — Official — Res judicata — Duty to provide assistance — Article 24 of the Staff Regulations — Psychological harassment) | 22 |
| 2011/C 362/36 | Case F-4/10: Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 — Nastvogel v Council (Staff case — Staff reports — Opinion of the Reports Committee — Downgrading of analytical assessments — Dialogue between staff member and assessor — Consultation of the various superiors — Knowledge of staff member’s work by second assessor — Statement of reasons — Sick leave taken into account) | 22 |
| 2011/C 362/37 | Case F-9/10: Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — AC v Council (Civil service — Promotion — 2009 promotion exercise — Comparative examination of merit — Manifest error of assessment) | 23 |
| 2011/C 362/38 | Case F-23/10: Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — Allen v Commission (Civil service — Social security — Serious illness — Article 72 of the Staff Regulations — Extension of sickness cover under the JSIS — Criterion of absence of insurance under another scheme) | 23 |
| 2011/C 362/39 | Case F-26/10: Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — AZ v Commission (Civil service — Promotion — 2009 promotion exercise — Ability to work in a third language — Existence of a disciplinary procedure — Exclusion from the promotion exercise) | 23 |
| 2011/C 362/40 | Case F-47/10: Judgment of the Civil Service Tribunal (Third Chamber) of 14 September 2011 — Hecq v Commission (Civil service — Officials — Social security — Occupational disease — Articles 73 and 78 of the Staff Regulations — Correctness of the opinion of the medical committee — Refusal to accept that the applicant suffers from partial permanent invalidity) | 24 |
| 2011/C 362/41 | Case F-55/08 DEP: Order of the Civil Service Tribunal (Full Court) of 27 September 2011 — De Nicola v EIB (Staff cases — Procedure — Taxation of costs — Recoverable costs — Essential costs — Fees paid by an institution to its lawyer — Obligation for an unsuccessful applicant to pay those fees — Principle of equal treatment — Effective judicial protection — Conditions) | 24 |
| 2011/C 362/42 | Case F-98/10: Order of the Civil Service Tribunal (Third Chamber) of 12 September 2011 — Cervelli v Commission (Civil service — Officials — Expatriation allowance — Request for review — Material new facts — Action manifestly inadmissible) | 24 |
| 2011/C 362/43 | Case F-12/11: Order of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — Hecq v Commission (Civil service — Occupational disease — Invalidity procedure — Application to resume professional activity — Application for damages and interest) | 25 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2011/C 362/02

Case C-128/09 to C-131/09, C-134/09 and C-135/09: Judgment of the Court (Grand Chamber) of 18 October 2011 (reference for a preliminary ruling from the Conseil d’État — Belgium) — Antoine Boxus, Willy Roua (C-128/09), Guido Durlet and Others (C-129/09), Paul Fastrez, Henriette Fastrez (C-130/09), Philippe Daras (C-131/09), Association des riverains et habitants des communes proches de l’aéroport BSCA (Brussels South Charleroi Airport) (ARACh) (C-134/09 and C-135/09), Bernard Page (C-134/09), Léon L’Hoir, Nadine Dartois (C-135/09) v Région wallonne (Assessment of the effects of projects on the environment — Directive 85/337/EEC — Scope — Concept of ‘specific act of national legislation’ — Aarhus Convention — Access to justice in environmental matters — Extent of the right to a review procedure in respect of a legislative act)

2

2011/C 362/03

Case C-284/09: Judgment of the Court (First Chamber) of 20 October 2011 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Free movement of capital — Article 56 EC and Article 40 of the Agreement on the European Economic Area — Taxation of dividends — Dividends distributed to companies established in national territory and to companies established in another Member State or a State of the European Economic Area — Different treatment)

3

2011/C 362/04

Case C-396/09: Judgment of the Court (First Chamber) of 20 October 2011 (reference for a preliminary ruling from the Tribunale ordinario di Bari — Italy) — Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA (Reference for a preliminary ruling — Whether a lower court has the power to refer a question to the Court for a preliminary ruling — Regulation (EC) No 1346/2000 — Insolvency proceedings — International jurisdiction — The centre of a debtor’s main interests — Transfer of a registered office to another Member State — Concept of establishment)

3

2011/C 362/05

Case C-406/09: Judgment of the Court (Grand Chamber) of 18 October 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Realchemie Nederland BV v Bayer CropScience AG (Regulation (EC) No 44/2001 — Jurisdiction and recognition and enforcement of judgments — Definition of ‘civil and commercial matters’ — Recognition and enforcement of an order imposing a fine — Directive 2004/48/EC — Intellectual property rights — Infringement of those rights — Measures, procedures and remedies — Sentence — Exequatur procedure — Related legal costs)

4

2011/C 362/06

Case C-549/09: Judgment of the Court (Sixth Chamber) of 20 October 2011 — European Commission v French Republic (Failure to fulfil obligations — State aid — Aid granted to fish farmers and fishermen — Decision declaring that aid incompatible with the common market — Obligation to recover immediately the aid declared unlawful and incompatible and to inform the Commission — Non-compliance — Absolute impossibility of compliance)

5

2011/C 362/07

Case C-34/10: Judgment of the Court (Grand Chamber) of 18 October 2011 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Oliver Brüstle v Greenpeace e.V. (Directive 98/44/EC — Article 6(2)(c) — Legal protection of biotechnological inventions — Extraction of precursor cells from human embryonic stem cells — Patentability — Exclusion of ‘uses of human embryos for industrial or commercial purposes’ — Concepts of ‘human embryo’ and ‘use for industrial or commercial purposes’)

5

2011/C 362/08

Case C-94/10: Judgment of the Court (First Chamber) of 20 October 2011 (reference for a preliminary ruling from the Vestre Landsret — Denmark) — Danfoss A/S, Sauer-Danfoss ApS v Skatteministeriet (Indirect taxes — Excise duties on mineral oils — Incompatibility with European Union law — Non-repayment of excise duty to purchasers of goods to whom the excise duty has been passed on)

6

2011/C 362/09

Case C-123/10: Judgment of the Court (Fourth Chamber) of 20 October 2011 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Waltraud Brachner v Pensionsversicherungsanstalt (Social policy — Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Articles 3(1) and 4(1) — National scheme for annual pension adjustments — Exceptional increase in pensions for the year 2008 — Exclusion from that increase of pensions of an amount lower than the compensatory supplement standard rate — Exceptional increase in that standard rate for the year 2008 — Exclusion from entitlement to the compensatory supplement of pensioners whose income, including that of the spouse forming part of their household, exceeds that standard rate — Scope of application of the directive — Indirect discrimination against women — Justification — No justification)

7

2011/C 362/10

Case C-140/10: Judgment of the Court (First Chamber) of 20 October 2011 (reference for a preliminary ruling from the Hof van Cassatie (Belgium)) — Greenstar-Kanzi Europe NV v Jean Hustin, Jo Goossens (Regulation (EC) No 2100/94, as amended by Regulation (EC) No 873/2004 — Interpretation of Articles 11(1), 13(1) to (3), 16, 27, 94 and 104 — Principle of exhaustion of Community plant variety rights — Licensing contract — Action for infringement against a third party — Infringement of the licensing contract by the person enjoying the right of exploitation in his contractual relationship with the third party)

7

2011/C 362/11

Case C-225/10: Judgment of the Court (Second Chamber) of 20 October 2011 (reference for a preliminary ruling from the Sozialgericht Nürnberg (Germany)) — Juan Perez Garcia, Jose Arias Neira, Fernando Barrera Castro, Dolores Verdún Espinosa successor in title to José Bernal Fernández v Familienkasse Nürnberg (Social security — Regulation (EEC) No 1408/71 — Articles 77 and 78 — Pensioners entitled under the legislation of several Member States — Handicapped children — Family benefits for dependent children — Right to benefits in the former Member State of employment — Existence of a right to benefits in the Member State of residence — Failure to make a request — Choice of payment of an invalidity benefit incompatible with benefits for dependent children — Concept of ‘benefit for dependent children’ — Maintenance of rights acquired in the former Member State of employment)

8

2011/C 362/12

Case C-281/10 P: Judgment of the Court (Fourth Chamber) of 20 October 2011 — PepsiCo, Inc., v Grupo Promer Mon Graphic SA, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Regulation (EC) No 6/2002 — Articles 5, 6, 10 and 25(1)(d) — Community design — Registered Community design representing a circular promotional item — Prior Community design — Different overall impression — Degree of freedom of the designer — Informed user — Scope of review by the Courts — Distortion of the facts)

9

2011/C 362/13

Joined Cases C-344/10 P and C-345/10 P: Judgment of the Court (Third Chamber) of 20 October 2011 — Freixenet SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Applications for registration of Community trade marks representing a frosted white bottle and a frosted black matt bottle — Refusal to register — Lack of distinctive character)

9

2011/C 362/14

Case C-474/10: Judgment of the Court (Fourth Chamber) of 20 October 2011 (reference for a preliminary ruling from the Court of Appeal in Northern Ireland (United Kingdom)) — Department of the Environment for Northern Ireland v Seaport (NI) Ltd, Magherafelt District Council, F P McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts, Creagh Concrete Products Ltd (Reference for a preliminary ruling — Directive 2001/42/EC — Article 6 — Designation, for consultation purposes, of an authority likely to be concerned by the environmental effects of implementing plans and programmes — Possibility of authority to be consulted conceiving plans or programmes — Requirement to designate a separate authority — Arrangements for the information and consultation of the authorities and the public)

10

2011/C 362/15

Case C-457/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Verwertungsgesellschaft Wort (VG Wort) v Kyocera Mita Deutschland GmbH and Others

10

2011/C 362/16

Case C-458/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Verwertungsgesellschaft Wort (VG Wort) v Canon Deutschland GmbH

11

2011/C 362/17

Case C-459/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Fujitsu Technology Solutions GmbH v Verwertungsgesellschaft Wort (VG Wort)

12

2011/C 362/18

Case C-460/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2011 — Hewlett-Packard GmbH v Verwertungsgesellschaft Wort (VG Wort)

12

2011/C 362/19

Case C-496/11: Reference for a preliminary ruling from the Tribunal Central Administrativo Sul (Portugal) lodged on 26 September 2011 — Portugal Telecom SGPS, SA v Fazenda Pública

13

2011/C 362/20

Case C-510/11 P: Appeal brought on 29 September 2011 by Kone Oyj, Kone GmbH, Kone BV against the judgment of the General Court (Eighth Chamber) delivered on 13 July 2011 in Case T-151/07: Kone Oyj, Kone GmbH, Kone BV v European Commission

13

2011/C 362/21

Case C-517/11: Action brought on 7 October 2011 — European Commission v Hellenic Republic

14

2011/C 362/22

Case C-520/11: Action brought on 11 October 2011 — European Commission v French Republic

15

General Court

2011/C 362/23

Case T-287/08: Order of the General Court of 25 October 2011 — Cadila Healthcare v OHIM — Laboratorios Inibsa (ZYDUS) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)

17

2011/C 362/24

Case T-95/09: Order of the General Court of 20 October 2011 — United Phosphorus v Commission (Plant protection products — Active substance napropamide — Non-inclusion in Annex I to Directive 91/414/EEC — Adoption of a subsequent directive — No need to adjudicate)

17

2011/C 362/25

Case T-506/11: Action brought on 26 September 2011 — Peek & Cloppenburg v OHIM — Peek & Cloppenburg (Peek & Cloppenburg)

17

2011/C 362/26

Case T-507/11: Action brought on 26 September 2011 — Peek & Cloppenburg v OHIM — Peek & Cloppenburg (Peek & Cloppenburg)

18

2011/C 362/27

Case T-528/11: Action brought on 6 October 2011 — Aloe Vera of America v OHIM — Diviril (FOREVER)

18

2011/C 362/28

Case T-529/11: Action brought on 29 September 2011 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador)

19

2011/C 362/29

Case T-530/11: Action brought on 7 October 2011 — Chivas v OHIM — Glencairn Scotch Whisky (CHIVALRY)

19

2011/C 362/30

Case T-537/11: Action brought on 10 October 2011 — Hultafors Group v OHIM — Società Italiana Calzature (Snickers)

20

2011/C 362/31

Case T-541/11: Action brought on 10 October 2011 — Fundação Calouste Gulbenkian v OHIM — Gulbenkian (GULBENKIAN)

20

2011/C 362/32

Case T-447/07: Order of the General Court of 19 October 2011 — Scovill Fasteners v Commission

21

2011/C 362/33

Case T-521/10: Order of the General Court of 18 October 2011 — Confortel Gestión v OHIM — Homargrup (CONFORTEL AQUA 4)

21

European Union Civil Service Tribunal

2011/C 362/34

Case F-12/09: Judgment of the Civil Service Tribunal (Third Chamber) of 14 September 2011 — A v Commission (Staff case — Officials — Occupational disease — Relationship between the procedures under Articles 73 and 78 of the Staff Regulations — Provisional allowance — Reimbursement of medical costs — Access to the individual file)

22

2011/C 362/35

Case F-100/09: Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 Michail v Commission (Civil service — Official — Res judicata — Duty to provide assistance — Article 24 of the Staff Regulations — Psychological harassment)

22

2011/C 362/36

Case F-4/10: Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 — Nastvogel v Council (Staff case — Staff reports — Opinion of the Reports Committee — Downgrading of analytical assessments — Dialogue between staff member and assessor — Consultation of the various superiors — Knowledge of staff member’s work by second assessor — Statement of reasons — Sick leave taken into account)

22

2011/C 362/37

Case F-9/10: Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — AC v Council (Civil service — Promotion — 2009 promotion exercise — Comparative examination of merit — Manifest error of assessment)

23

2011/C 362/38

Case F-23/10: Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — Allen v Commission (Civil service — Social security — Serious illness — Article 72 of the Staff Regulations — Extension of sickness cover under the JSIS — Criterion of absence of insurance under another scheme)

23

2011/C 362/39

Case F-26/10: Judgment of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — AZ v Commission (Civil service — Promotion — 2009 promotion exercise — Ability to work in a third language — Existence of a disciplinary procedure — Exclusion from the promotion exercise)

23

2011/C 362/40

Case F-47/10: Judgment of the Civil Service Tribunal (Third Chamber) of 14 September 2011 — Hecq v Commission (Civil service — Officials — Social security — Occupational disease — Articles 73 and 78 of the Staff Regulations — Correctness of the opinion of the medical committee — Refusal to accept that the applicant suffers from partial permanent invalidity)

24

2011/C 362/41

Case F-55/08 DEP: Order of the Civil Service Tribunal (Full Court) of 27 September 2011 — De Nicola v EIB (Staff cases — Procedure — Taxation of costs — Recoverable costs — Essential costs — Fees paid by an institution to its lawyer — Obligation for an unsuccessful applicant to pay those fees — Principle of equal treatment — Effective judicial protection — Conditions)

24

2011/C 362/42

Case F-98/10: Order of the Civil Service Tribunal (Third Chamber) of 12 September 2011 — Cervelli v Commission (Civil service — Officials — Expatriation allowance — Request for review — Material new facts — Action manifestly inadmissible)

24

2011/C 362/43

Case F-12/11: Order of the Civil Service Tribunal (Third Chamber) of 28 September 2011 — Hecq v Commission (Civil service — Occupational disease — Invalidity procedure — Application to resume professional activity — Application for damages and interest)

25

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