do-me/EUR-LEX huggingface dataset:
Case F-128/07: Action brought on 31 October 2007 — Menidiatis v Commission
Date: 2007-10-31
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, job access, regulations for civil servants

C 8/32

EN

Official Journal of the European Union

12.1.2008

Action brought on 31 October 2007 — Menidiatis v
Commission

Action brought on 31 October 2007 — Kremlis v
Commission

(Case F-128/07)

(2008/C 8/56)

Language of the case: French

(Case F-129/07)

(2008/C 8/57)

Language of the case: French

Parties

Applicant: Andreas Menidiatis
(represented by: S. Pappas, lawyer)

(Sint-Genesius-Rode, Belgium)

Defendant: Commission of the European Communities

Form of order sought

— annul

the Commission decision of 21 December 2006
rejecting the applicant's candidature for the vacant post of
head of representation of the Commission to Greece and
appointing another candidate to that post;

Parties

Applicant: Georges-Stavros Kremlis (Brussels, Belgium)
sented by: S. Pappas, lawyer)

(repre-

Defendant: Commission of the European Communities

Form of order sought

— annul

the Commission decision of 21 December 2006,
rejecting the applicant's candidature for the vacant post of
head of representation of the Commission to Greece and
appointing another candidate to that post;

— order the defendant to pay the costs.

— order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of his action, the applicant relies on a number of
pleas in law against the decision to reject his candidature for the
vacant post of head of representation of the Commission to
Greece. First, he pleads
the selection procedure was
unlawful and not complied with. Secondly, he pleads that the
notice of vacancy was unlawful and not complied with.

that

A further plea in law alleges infringement of Article 11a of the
Staff Regulations. Moreover, the applicant pleads the unlawful-
ness of the downgrading of the post of head of representation
in Athens and the unlawfulness of the decision of 7 July 2004
concerning the detailed rules for filling head-of-representation
posts.

In addition, the lateness of the publication of the notice of
vacancy is relied on along with the failure to state reasons for
refusing access to the documents requested by the applicant in
his complaint. Finally, the applicant relies on the breach of the
rules concerning the rotation of staff occupying ‘sensitive posts’
and submits that there are numerous factors indicating a misuse
of powers.

The applicant relies on very similar pleas in law to those relied
on in Case F-128/07, the notice of which is published in this
issue of the Official Journal of the European Union.

Action brought on 31 October 2007 — Vinci v European
Central Bank

(Case F-130/07)

(2008/C 8/58)

Language of the case: German

Parties

Applicant: Fiorella Vinci (Schöneck, Germany) (represented by: B.
Karthaus, lawyer)

Defendant: European Central Bank
Commission Regulation (EC) No 1286/2007 of 31 October 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2007-10-31
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, grape, import price, pip fruit

1.11.2007

EN

Official Journal of the European Union

L 287/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 1286/2007

of 31 October 2007

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
fruit and vegetables (1), and in
import arrangements
particular Article 4(1) thereof,

for

Whereas:

in
standard values for imports from third countries,
respect of the products and periods stipulated in the
Annex thereto.

(2)

the standard
In compliance with the above criteria,
import values must be fixed at the levels set out in the
Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regu-
lation (EC) No 3223/94 shall be fixed as indicated in the Annex
hereto.

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade nego-
tiations, the criteria whereby the Commission fixes the

This Regulation shall enter into force on 1 November 2007.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 October 2007.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).

L 287/2

EN

Official Journal of the European Union

1.11.2007

to Commission Regulation of 31 October 2007 establishing the standard import values for determining the
entry price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 50 10

0806 10 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

MA
MK
TR
ZZ

JO
MA
MK
TR
ZZ

MA
TR
ZZ

AR
TR
ZA
ZZ

BR
MK
TR
US
ZA
ZZ

CA
CL
MK
NZ
US
ZA
ZZ

AR
CN
TR
ZZ

63,3
36,3
66,9
55,5

180,9
36,4
56,1
130,3
100,9

62,8
73,7
68,3

75,8
88,5
52,1
72,1

244,8
26,1
121,4
238,9
189,6
164,2

102,5
161,2
33,9
45,9
98,5
95,6
89,6

49,6
75,8
124,1
83,2

(1) Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of

other origin’.
Request for an Advisory Opinion from the EFTA Court by Follo tingrett dated 24 October 2007 in the Case of L'Oréal Norge AS v Per Aarskog AS and others (Case E-9/07)
Date: 2007-10-31
Institutions: EFTA Court
Subjects: EFTA countries, European Economic Area, brand name, import restriction, interpretation of the law, third country, trade mark, trade-mark law

14.2.2008

EN

Official Journal of the European Union

C 40/15

V

(Announcements)

COURT PROCEEDINGS

EFTA COURT

Request for an Advisory Opinion from the EFTA Court by Follo tingrett dated 24 October 2007 in
the Case of L'Oréal Norge AS v Per Aarskog AS and others

(Case E-9/07)

(2008/C 40/06)

A request has been made to the EFTA Court by a letter of 24 October 2007 from Follo tingrett (Follo
District Court), which was received at the Court Registry on 31 October 2007, for an Advisory Opinion in
the Case of L'Oréal Norge AS v Per Aarskog AS and others, on the following questions:

1. Is Article 7(1) of Council Directive 89/104/EEC to be understood to the effect that a trade mark
proprietor has the right to prevent imports from third countries outside the EEA when such imports take
place without the consent of the trade mark proprietor?

2. Is Article 7(1) of Directive 89/104/EEC to be understood to the effect that international exhaustion is

permitted?
Education, Audiovisual and Culture Executive Agency (Brussels) — Publication of the final accounts for the financial year 2006
Date: 2007-10-31
Institutions: European Commission
Subjects: EU office or agency, financial year, implementation of the budget, publication of accounts

C 261/32

EN

Official Journal of the European Union

31.10.2007

Education, Audiovisual and Culture Executive Agency (Brussels) — Publication of the final accounts
for the financial year 2006

(2007/C 261/11)

The complete version of the final accounts may be found at the following address:

http://eacea.ec.europa.eu/about/financial_en.htm

Source: Data supplied by the Agency — This table summarises the data provided by the Agency in its annual
accounts.

Implementation of the budget for the financial year 2006

Table 1

Source of revenue

Revenue

Revenue entered in
the final budget for
the financial year

Revenue collected

Allocation of expendi-
ture

Expenditure

Final budget appropriations

(1 000 euro)

entered

committed

paid

carried over

cancelled

Community
subsidies (1)

29 199

Total

29 199

27 749

27 749

Title I
Staff

Title II
Administration

Total

17 498

11 701

29 199

(1)

Including European Economic Area subsidies.

NB: Revenue collected and payments are estimated on a cash basis.

16 311

10 371

26 682

14 806

4 903

19 709

1 220

5 468

6 688

1 472

1 330

2 802

.

3
1
1
0
2
0
0
7

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

2
6
1
/
3
3

C 261/34

EN

Official Journal of the European Union

31.10.2007

Economic outturn account for the financial year 2006

Table 2

Operating revenue

Community subsidies

Operating expenses

Staff expenses (1)

Fixed asset related expenses

Other administrative expenses

Total (a)

Total (b)

(1)

Staff expenses have been less than expected.

NB: These accounts are drawn up on an accrual basis.

Economic result for the year (c = a - b)

Table 3

Balance sheet at 31 December 2006

Non-current assets

Intangible fixed assets

Tangible fixed assets

Current assets

Short-term receivables

Cash and cash equivalents

Current liabilities

Provisions for risks and charges

Accounts payables

Net assets

Economic result of the year

NB: These accounts are drawn up on an accrual basis.

Total assets

Total liabilities

Total net assets

Total liabilities and net assets

(1 000 euro)

2006

26 397

26 397

13 071

57

9 724

22 852

3 545

(1 000 euro)

2006

159

243

1 253

7 886

9 541

310

5 686

5 996

3 545

3 545

9 541
Frontex — The European Agency for the Management of Operational Cooperation at the External Borders (Warsaw) — Publication of the final accounts for the financial year 2006
Date: 2007-10-31
Institutions: European Commission
Subjects: EU office or agency, financial year, implementation of the budget, publication of accounts

31.10.2007

EN

Official Journal of the European Union

C 261/7

Frontex — The European Agency for the Management of Operational Cooperation at the External
Borders (Warsaw) — Publication of the final accounts for the financial year 2006

(2007/C 261/03)

The complete version of the final accounts may be found at the following address:

http://www.frontex.europa.eu/finance/

Source: Data supplied by the Agency — This table summarise the data provided by the Agency in its annual
accounts.

Implementation of the budget for the financial year 2006

Table 1

Source of revenue

Revenue

Revenue entered in
the final budget for
the financial year

Revenue collected

Allocation of expendi-
ture

Community
subsidies

18 940

19 504

Title I
Staff

Other subsidies

226

226

Title II
Administration

Title III
Operating activities

Total

19 166

19 730

Total

Expenditure (1)

Final budget appropriations

(1 000 euro)

entered

committed

paid

carried over

cancelled

2 685

1 275

13 135

17 095

2 173

363

11 687

14 223

1 017

69

1 856

2 942

1 065

931

9 936

11 932

603

275

831

1 709

(1) The expenditure figures concern only the one for which the Agency was responsible for (October — December 2006 for Titles I and II, the whole year for Title III), the Commission being responsible for the remaining expenditure.

NB: Revenue collected and payments are estimated on a cash basis.

C

2
6
1
/
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

3
1
1
0
2
0
0
7

.

31.10.2007

EN

Official Journal of the European Union

C 261/9

Economic outturn account for the financial year 2006

Table 2

(1 000 euro)

Operating revenue

Community subsidies

Other revenue

Operating expenditure

Staff expenditure

Fixed asset-related expenditure

Other administrative expenditure

Operational expenditure

Total (a)

Total (b)

Surplus/(deficit) from operating activities (c = a - b)

Financial operations expenditure (d)

Surplus/(deficit) from non-operating activities (e = - d)

2006

15 129

253

15 382

860

7

615

4 348

5 830

9 552

5

- 5

This table covers the period October — December 2006 during which the Agency was financially independant.
NB: These accounts are drawn up on an accrual basis.

Economic result for the year (f = c + e)

9 547

Table 3

Balance sheet at 31 December 2006

(1 000 euro)

Non-current assets

Tangible fixed assets

Current assets

Short-term receivables

Cash and cash equivalents

Current liabilities

Provisions for risks and charges

Accounts payable

Net assets

Economic result for the year

NB: These accounts are drawn up on an accrual basis.

Total assets

Total liabilities

Total net assets

Total liabilities and net assets

2006

31

75

14 236

14 342

84

4 711

4 795

9 547

9 547

14 342
European Railway Agency (Lille/Valenciennes) — Publication of the final accounts for the financial year 2006
Date: 2007-10-31
Institutions: European Commission
Subjects: European Union Agency for Railways, financial year, implementation of the budget, publication of accounts

C 261/54

EN

Official Journal of the European Union

31.10.2007

European Railway Agency (Lille/Valenciennes) — Publication of the final accounts for the financial
year 2006

(2007/C 261/18)

The complete version of the final accounts may be found at the following address:

http://www.era.europa.eu/public/about/Documents/era2006_accounts_en.pdf

Source: Data supplied by the Agency — This table summarises the data provided by the Agency in its annual
accounts.

Origin of revenue

Community
subsidies

Revenue

Revenue entered in
the final budget for
the financial year

Revenue collected

Allocation of expendi-
ture

14 398

12 385

Title I
Staff

Title II
Administration

Implementation of the budget for the financial year 2006

Table 1

Expenditure

(1 000 euro)

Final budget appropriations

Appropriations carried over from previous year(s)

entered

committed

paid

carried over

cancelled

entered

committed

paid

cancelled

9 649

6 816

6 688

129

2 833

12

4

4

8

Other revenue

20

Title III
Operating activities

3 400

2 543

Total

14 398

12 406

Total

14 398

10 422

7 742

NB: Revenue collected and payments are estimated on a cash basis.

1 349

1 062

664

390

398

287

1 048

347

337

711

2 153

2 680

857

3 976

2 245

3 305

1 389

1 741

1 157

1 498

1 089

1 807

.

3
1
1
0
2
0
0
7

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

2
6
1
/
5
5

C 261/56

EN

Official Journal of the European Union

31.10.2007

Economic outturn account for the financial year 2006

Table 2

(1 000 euro)

Operating revenue

Community subsidies

Other subsidies

Operating expenses

Staff expenses

Fixed asset related expenses

Other administrative expenses

Operational expenses

Financial operations revenue (e)

Financial operations expenses (f)

Total (a)

Total (b)

Surplus/(deficit) from operating activities (c = a - b)

Surplus/(deficit) from non-operating activities (g = e - f)

2006

11 920

364

12 284

6 694

168

1 322

1 330

9 514

2 770

3

2

1

NB: These accounts are drawn up on a accrual basis.

Economic result for the year (h = c + g)

2 771

Table 3

Balance sheet at 31 December 2006

(1 000 euro)

Non-current assets

Intangible fixed assets

Tangible fixed assets

Current assets

Short-term pre-financing

Short-term receivables

Cash and cash equivalents

Current liabilities

Accounts payable

Net assets

Economic result for the year

NB: These accounts are drawn up on a accrual basis.

2006

506

378

18

188

3 299

4 389

1 618

1 618

2 771

2 771

4 389

Total assets

Total liabilities

Total net assets

Total liabilities and net assets
Eurojust (The Hague) — Publication of the final accounts for the financial year 2006
Date: 2007-10-31
Institutions: European Commission
Subjects: Eurojust, financial year, implementation of the budget, publication of accounts

31.10.2007

EN

Official Journal of the European Union

C 261/57

Eurojust (The Hague) — Publication of the final accounts for the financial year 2006

(2007/C 261/19)

The complete version of the final accounts may be found at the following address:

http://www.eurojust.europa.eu/adm_budg_finance.htm

Source: Data supplied by Eurojust — This table summarises the data supplied by Eurojust in its annual
accounts.

Implementation of the budget for the financial year 2006

Table 1

Revenue

Revenue entered in
the final budget for
the financial year

Source of revenue

Revenue received

Allocation of expendi-
ture

Expenditure

(1 000 euro)

Appropriations under the final budget

Appropriations carried over from the previous financial
year(s)

entered

committed

paid

carried over

cancelled

entered

paid

cancelled

Community
subsidies

14 700

14 700

Title I
Staff

6 844

6 601

6 412

189

Other revenue

—

Total

14 700

1 004

15 704

4 472

4 189

2 940

Total

14 700

14 086

11 566

1 320

2 591

Title II
Administration

Title III
Operating activities

3 384

3 295

2 214

1 082

243

89

211

543

112

722

1 280

2 114

96

571

1 153

1 819

16

151

127

295

NB: variations in totals are due to the effects of rounding.
NB: Revenue collected and payments are estimated on a cash basis.

C

2
6
1
/
5
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

3
1
1
0
2
0
0
7

.

31.10.2007

EN

Official Journal of the European Union

C 261/59

Economic outturn account for the financial years 2006 and 2005

Table 2

Operating revenue

Community subsidies

Other revenues

Operating expenditure

Staff expenditure

Fixed-asset related expenditure

Other administrative expenditure

Operational expenditure

(1 000 euro)

2006

2005

12 858

973

Total (a)

13 831

6 581

674

2 202

3 297

11 991

59

12 050

5 149

508

2 800

2 054

Surplus/(deficit) from operating activities (c = a - b)

1 077

1 539

Total (b)

12 754

10 511

Other charges (d)

—

Surplus/(deficit) from non-operating activities (e = - d)

0

3

- 3

Economic result for the year (f = c + e)

1 077

1 536

NB: These accounts are drawn up on a accrual basis.

Table 3

Balance sheet at 31 December 2006 and 2005

(1 000 euro)

2006

2005

Non-current assets

Intangible fixed assets

Tangible fixed assets

Current assets

Short-term receivables

Cash and cash equivalents

Current liabilities

Provisions for risks and charges

Accounts payables

Net assets

Accumulated surplus/deficit

Economic result for the year

556

1 674

372

4 749

Total assets

7 351

134

2 762

Total liabilities

2 896

3 378

1 077

NB: These accounts are drawn up on a accrual basis.

Total net assets

4 455

Total liabilities and net assets

7 351

167

1 606

159

3 130

5 062

85

1 599

1 684

1 842

1 536

3 378

5 062
Case F-129/07: Action brought on 31 October 2007 — Kremlis v Commission
Date: 2007-10-31
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, job access, regulations for civil servants

C 8/32

EN

Official Journal of the European Union

12.1.2008

Action brought on 31 October 2007 — Menidiatis v
Commission

Action brought on 31 October 2007 — Kremlis v
Commission

(Case F-128/07)

(2008/C 8/56)

Language of the case: French

(Case F-129/07)

(2008/C 8/57)

Language of the case: French

Parties

Applicant: Andreas Menidiatis
(represented by: S. Pappas, lawyer)

(Sint-Genesius-Rode, Belgium)

Defendant: Commission of the European Communities

Form of order sought

— annul

the Commission decision of 21 December 2006
rejecting the applicant's candidature for the vacant post of
head of representation of the Commission to Greece and
appointing another candidate to that post;

Parties

Applicant: Georges-Stavros Kremlis (Brussels, Belgium)
sented by: S. Pappas, lawyer)

(repre-

Defendant: Commission of the European Communities

Form of order sought

— annul

the Commission decision of 21 December 2006,
rejecting the applicant's candidature for the vacant post of
head of representation of the Commission to Greece and
appointing another candidate to that post;

— order the defendant to pay the costs.

— order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of his action, the applicant relies on a number of
pleas in law against the decision to reject his candidature for the
vacant post of head of representation of the Commission to
Greece. First, he pleads
the selection procedure was
unlawful and not complied with. Secondly, he pleads that the
notice of vacancy was unlawful and not complied with.

that

A further plea in law alleges infringement of Article 11a of the
Staff Regulations. Moreover, the applicant pleads the unlawful-
ness of the downgrading of the post of head of representation
in Athens and the unlawfulness of the decision of 7 July 2004
concerning the detailed rules for filling head-of-representation
posts.

In addition, the lateness of the publication of the notice of
vacancy is relied on along with the failure to state reasons for
refusing access to the documents requested by the applicant in
his complaint. Finally, the applicant relies on the breach of the
rules concerning the rotation of staff occupying ‘sensitive posts’
and submits that there are numerous factors indicating a misuse
of powers.

The applicant relies on very similar pleas in law to those relied
on in Case F-128/07, the notice of which is published in this
issue of the Official Journal of the European Union.

Action brought on 31 October 2007 — Vinci v European
Central Bank

(Case F-130/07)

(2008/C 8/58)

Language of the case: German

Parties

Applicant: Fiorella Vinci (Schöneck, Germany) (represented by: B.
Karthaus, lawyer)

Defendant: European Central Bank
Non-opposition to a notified concentration (Case COMP/M.4897 — Arcapita/HT Troplast) Text with EEA relevance
Date: 2007-10-31
Institutions: European Commission
Subjects: bank, building industry, disclosure of information, economic concentration, merger control, plastics, restrictive-practice authorisation

31.10.2007

EN

Official Journal of the European Union

C 258/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.4897 — Arcapita/HT Troplast)

(Text with EEA relevance)

(2007/C 258/01)

On 4 October 2007, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32007M4897. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).