do-me/EUR-LEX huggingface dataset:
Case F-61/06: Judgment of the Civil Service Tribunal (Third Chamber) of 10 July 2008 — Cathy Sapara v Eurojust (Staff cases — Members of the temporary staff — Recruitment — Probationary period — Extension of probationary period — Dismissal at the end of the probationary period — Obligation to state the reasons on which the decision is based — Rights of the defence — Manifest error of assessment — Psychological harassment)
Date: 2008-07-10
Institutions: Civil Service Tribunal
Subjects: Eurojust, action by staff, equal treatment, servant (EU), staff regulations (EU), temporary employment, work contract

11.10.2008

EN

Official Journal of the European Union

C 260/19

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal
(Full Court) of
24 June 2008 — Carlos Andres and Others v European
Central Bank

Judgment of the Civil Service Tribunal (Third Chamber) of
10 July 2008 — Cathy Sapara v Eurojust

(Case F-15/05) (1)

(Case F-61/06) (1)

(Staff case — ECB staff — Remuneration — Consultation of
the ECB staff committee — Method of calculation of annual
salary adjustment — Enforcement of a judgment of a Com-
munity judicature — Retroactivity)

(2008/C 260/34)

Language of the case: French

(Staff cases — Members of the temporary staff — Recruit-
ment — Probationary period — Extension of probationary
period — Dismissal at the end of the probationary period —
Obligation to state the reasons on which the decision is based
— Rights of the defence — Manifest error of assessment —
Psychological harassment)

(2008/C 260/35)

Language of the case: English

Parties

Applicants: Carlos Andrés and Others (Frankfurt am Main,
Germany)
(represented by: G. Vandersanden and L. Levi,
lawyers)

Parties

Defendant: European Central Bank (represented by: C. Zilioli and
K. Sugar, Agents, assisted by B. Wägenbaur, lawyer)

Re:

First, application for annulment of the applicants' salary slips for
the month of July 2004,
in so far as they contain an salary
increase set in accordance with an allegedly unlawful method of
annual salary adjustment and that increase does not have retro-
active effect with regard to the years 2001, 2002 and 2003,
and, secondly, an application for damages.

Applicant: Cathy Sapara (The Hague, Netherlands) (represented
by: G. Vandersanden and C. Ronzi, lawyers)

Defendant: Eurojust (represented by: L. Defalque, lawyer)

Re:

Staff case — First, annulment of the decision by EUROJUST of
temporary agent
6 July 2005 terminating her applicant's
contract at the end of her probationary period and, secondly, a
claim for damages.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders each party to bear its own costs.

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

2. Orders each party to bear its own costs.

(1) OJ C 132, 28.5.2005, p. 32 (Case initially registered before the
Court of First Instance of the European Communities under number
T-131/05 and transferred to the Civil Service Tribunal of
the
European Union by order of 15.12.2005).

(1) OJ C 165, 15.7.2006, p. 35.
Commission Regulation (EC) No 659/2008 of 10 July 2008 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007
Date: 2008-07-10
Institutions: European Commission
Subjects: award of contract, export refund, white sugar

11.7.2008

EN

Official Journal of the European Union

L 183/29

COMMISSION REGULATION (EC) No 659/2008

of 10 July 2008

fixing the maximum export refund for white sugar in the framework of the standing invitation to
tender provided for in Regulation (EC) No 900/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of
the
20 February 2006 on the common organisation of
markets in the sugar sector (1), and in particular the second
subparagraph and point
the third subparagraph of
Article 33(2) thereof,

(b) of

Whereas:

(1)

Commission Regulation (EC) No 900/2007 of 27 July
2007 on a standing invitation to tender to determine
refunds on exports of white sugar for the 2007/08
marketing year (2) requires the issuing of partial
invi-
tations to tender.

in response to the partial invitation to tender ending on
10 July 2008, it is appropriate to fix a maximum export
refund for that partial invitation to tender.

(3)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 10 July 2008, the
referred
maximum export
to in Article 1(1) of Regulation (EC) No 900/2007 shall be
29,036 EUR/100 kg.

product

refund

the

for

(2)

Pursuant to Article 8(1) of Regulation (EC) No 900/2007
and following an examination of the tenders submitted

This Regulation shall enter into force on 11 July 2008.

Article 2

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

Done at Brussels, 10 July 2008.

For the Commission

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

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
L 283,
Commission Regulation
27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced
by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as
from 1 October 2008.

(EC) No 1260/2007 (OJ

(2) OJ L 196, 28.7.2007, p. 26. Regulation as last amended by
Commission Regulation (EC) No 148/2008 by Commission Regu-
lation (OJ L 46, 21.2.2008, p. 9).
Commission Regulation (EC) No 655/2008 of 10 July 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-07-10
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit

11.7.2008

EN

Official Journal of the European Union

L 183/13

COMMISSION REGULATION (EC) No 655/2008

of 10 July 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri-
cultural markets and on specific provisions for certain agri-
cultural products (Single CMO Regulation) (1),

Regulation (EC) No 1580/2007 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade negotiations,
the criteria whereby the Commission fixes the standard values
for imports from third countries, in respect of the products and
periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 1580/2007
of 21 December 2007 laying down implementing rules for
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (2), and in
particular Article 138(1) thereof,

The standard import values referred to in Article 138 of Regu-
lation (EC) No 1580/2007 are fixed in the Annex hereto.

This Regulation shall enter into force on 11 July 2008.

Article 2

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

Done at Brussels, 10 July 2008.

For the Commission

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

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) OJ L 350, 31.12.2007, p. 1. Regulation as last amended by Regu-

lation (EC) No 590/2008 (OJ L 163, 24.6.2008, p. 24).

L 183/14

EN

Official Journal of the European Union

11.7.2008

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

0808 10 80

0808 20 50

0809 10 00

0809 20 95

0809 30

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

MA
MK
TR
ZZ

TR
ZZ

TR
ZZ

AR
US
UY
ZA
ZZ

AR
BR
CL
CN
NZ
US
UY
ZA
ZZ

AR
CL
CN
NZ
ZA
ZZ

TR
XS
ZZ

TR
US
ZZ

TR
ZZ

IL
ZZ

33,6
19,3
54,9
35,9

106,9
106,9

96,0
96,0

97,9
76,1
75,0
94,5
85,9

126,0
93,1
104,2
87,0
119,5
88,2
93,6
99,1
101,3

108,2
104,9
113,9
130,6
116,5
114,8

183,0
130,8
156,9

375,3
179,9
277,6

175,4
175,4

217,7
217,7

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands

for ‘of other origin’.
Prior notification of a concentration (Case COMP/M.5234 — Thomas Cook France/Jet Tours) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-07-10
Institutions: European Commission
Subjects: distance selling, economic concentration, exchange of information, merger control, supermarket, travel agency

C 175/14

EN

Official Journal of the European Union

10.7.2008

Prior notification of a concentration

(Case COMP/M.5234 — Thomas Cook France/Jet Tours)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 175/16)

On 4 July 2008,

1.
a proposed concentration
the Commission received a notification of
pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Thomas Cook
France S.A.S. (‘Thomas Cook France’, France) belonging to the Thomas Cook Group plc (‘Thomas Cook’,
United Kingdom) which is controlled by the Arcandor AG group (‘Arcandor’, Germany) acquires within the
meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Jet Tours SA
(‘Jet Tours’, France) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Arcandor: department stores, mail order and tourism,

— for Thomas Cook: international tourism company active in the leisure travel sector,

— for Jet Tours: tourism company active in France.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5234 — Thomas Cook France/Jet Tours, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Case T-492/04: Order of the Court of First Instance of 10 July 2008 — Jungbunzlauer and Others v Commission
Date: 2008-07-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, competition law, fine, restrictive trade practice, sanction (EU)

C 223/58

EN

Official Journal of the European Union

30.8.2008

Order of the Court of First Instance of 10 July 2008 —
Jungbunzlauer and Others v Commission

Order of the Court of First Instance of 16 June 2008 —
Cyprus v Commission

(Case T-492/04) (1)

(2008/C 223/102)

(Case T-87/08) (1)

(2008/C 223/105)

Language of the case: German

Language of the case: Greek

The President of the Third Chamber has ordered that the case
be removed from the register.

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 82, 2.4.2005.

(1) OJ C 142, 7.6.2008.

Order of the Court of First Instance of 10 July 2008 —
Elini v OHIM — Rolex (Elini)

Order of the Court of First Instance of 16 June 2008 —
Cyprus v Commission

(Case T-67/06) (1)

(2008/C 223/103)

(Case T-88/08) (1)

(2008/C 223/106)

Language of the case: French

Language of the case: Greek

The President of the Fourth Chamber has ordered that the case
be removed from the register.

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 96, 22.4.2006.

(1) OJ C 142, 7.6.2008.

Order of the Court of First Instance of 9 July 2008 —
CityLine Hungary v Commission

Order of the Court of First Instance of 16 June 2008 —
Cyprus v Commission

(Case T-237/07) (1)

(2008/C 223/104)

(Case T-91/08) (1)

(2008/C 223/107)

Language of the case: Hungarian

Language of the case: Greek

The President of the Fifth Chamber has ordered that the case be
removed from the register.

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 211, 8.9.2007.

(1) OJ C 142, 7.6.2008.
Case T-67/06: Order of the Court of First Instance of 10 July 2008 — Elini v OHIM — Rolex (Elini)
Date: 2008-07-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), jewellery and goldsmith's articles, trade-mark law

C 223/58

EN

Official Journal of the European Union

30.8.2008

Order of the Court of First Instance of 10 July 2008 —
Jungbunzlauer and Others v Commission

Order of the Court of First Instance of 16 June 2008 —
Cyprus v Commission

(Case T-492/04) (1)

(2008/C 223/102)

(Case T-87/08) (1)

(2008/C 223/105)

Language of the case: German

Language of the case: Greek

The President of the Third Chamber has ordered that the case
be removed from the register.

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 82, 2.4.2005.

(1) OJ C 142, 7.6.2008.

Order of the Court of First Instance of 10 July 2008 —
Elini v OHIM — Rolex (Elini)

Order of the Court of First Instance of 16 June 2008 —
Cyprus v Commission

(Case T-67/06) (1)

(2008/C 223/103)

(Case T-88/08) (1)

(2008/C 223/106)

Language of the case: French

Language of the case: Greek

The President of the Fourth Chamber has ordered that the case
be removed from the register.

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 96, 22.4.2006.

(1) OJ C 142, 7.6.2008.

Order of the Court of First Instance of 9 July 2008 —
CityLine Hungary v Commission

Order of the Court of First Instance of 16 June 2008 —
Cyprus v Commission

(Case T-237/07) (1)

(2008/C 223/104)

(Case T-91/08) (1)

(2008/C 223/107)

Language of the case: Hungarian

Language of the case: Greek

The President of the Fifth Chamber has ordered that the case be
removed from the register.

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 211, 8.9.2007.

(1) OJ C 142, 7.6.2008.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 f of Annex XV of the EEA Agreement (Commission Regulation (EC) No 70/2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises) (Text with EEA relevance)
Date: 2008-07-10
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, aid to undertakings, control of State aid, exchange of information, small and medium-sized enterprises

10.7.2008

EN

Official Journal of the European Union

C 175/9

Information communicated by the EFTA States regarding State aid granted under the Act referred
to in point 1 f of Annex XV of the EEA Agreement (Commission Regulation (EC) No 70/2001
on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized
enterprises)

Aid No

EFTA State

Region

Title of aid scheme

(Text with EEA relevance)

(2008/C 175/11)

Aid to small and medium-sized undertakings — 4/07

Norway

Nordland Fylkeskommune (Nordland County)

Nordland Fylkeskommune
v/DA-Bodø
N-8048 Bodø

Legal basis

State budget for 2008 (St. prp. nr. 1 (2007-2008), Chapter 5.5.1, Section 61)

Overall expenditure planned under the
scheme

EUR 5 million

Maximum aid intensity

In conformity with Articles 4(2)-(6) and 5 of the Regulation

Date of implementation

1 September 2007

Duration of scheme

Until 1 January 2014

Objective of aid

Aid to small and medium-sized enterprises

Economic sectors concerned

All sectors eligible for aid to SMEs

Name and address of
authority

the granting

Nordland Fylkeskommune
Fylkeshuset
N-8048 Bodø

Da-bodo@nfk.no

Large individual aid grants

In conformity with Article 6 of the Regulation
Non-opposition to a notified concentration (Case COMP/M.5166 — Danfoss/Sauer-Danfoss) Text with EEA relevance
Date: 2008-07-10
Institutions: European Commission
Subjects: air conditioning, economic concentration, electrical engineering, electronic component, heating, hydraulic machinery, industrial equipment, merger control, restrictive-practice authorisation

10.7.2008

EN

Official Journal of the European Union

C 175/3

Non-opposition to a notified concentration

(Case COMP/M.5166 — Danfoss/Sauer-Danfoss)

(Text with EEA relevance)

(2008/C 175/05)

On 4 July 2008, 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 Regulation (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 32008M5166. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5163 — DPWL/ZIM/Contarsa)

(Text with EEA relevance)

(2008/C 175/06)

On 27 June 2008, 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 Regulation (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 32008M5163. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-117/08: Order of the President of the Court of 10 July 2008 — Commission of the European Communities v Hellenic Republic
Date: 2008-07-10
Institutions: Court of Justice
Subjects: European Commission, European standard, Greece, action for failure to fulfil an obligation, blood transfusion, health legislation, national implementing measure, technical specification

22.11.2008

EN

Official Journal of the European Union

C 301/29

Point 2 of paragraph 2.1 of the regulation of the Minister for
Infrastructure of 13 December 2002 on detailed conditions for
the safety of navigation by marine vessels, which transposed
into national law certain provisions of the directive, goes further
in this respect, excluding all recreational craft from its scope.
The Commission considers that such a limitation of the scope
of the directive is contrary to the provisions of Article 2.

The Republic of Poland has further failed to fulfil its obligations
under Article 13 of Directive 2002/59/EC. Article 13(1) of the
directive lays down that the ‘operator, agent or master of a ship,
irrespective of its size, carrying dangerous or polluting goods
and leaving a port of a Member State shall, at the latest at the
moment of departure, notify the information indicated in
Annex I(3)
to the competent authority designated by that
Member State’.

A similar obligation is laid down by paragraph 3.1 of the regu-
lation of the Minister for Infrastructure of 12 May 2003 on the
transmission of information by the owner of a vessel carrying
dangerous or polluting cargo. However, paragraph 3.3 of that
regulation states that ‘if at the time of leaving port the name of
the port of destination or the anchorage is not known, the
information … is to be transmitted at the latest at the time of
fixing the vessel's route’.

That possibility is not limited to the specific case mentioned in
Article 13(2) of the directive (‘a ship … coming from a port
located outside the Community and bound for a port of a
Member State or an anchorage located in a Member State's terri-
torial waters’). The divergence relating to the time of transmis-
sion of the information is in the Commission's view contrary to
Article 13 of the directive.

(1) OJ L 208, 5.8.2002, p. 10.

Order of the President of the Court of 4 August 2008 —
Commission of the European Communities v Republic of
Cyprus

(Case C-490/07) (1)

(2008/C 301/44)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 315, 22.12.2007.

Order of the President of the Court of 10 July 2008 —
the European Communities v Hellenic
Commission of

Republic

(Case C-117/08) (1)

(2008/C 301/45)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 116, 9.5.2008.
Information on the date of entry into force of the Agreement between the European Union and the Swiss Confederation on security procedures for the exchange of classified information
Date: 2008-07-10
Institutions: Council of the European Union
Subjects: Switzerland, agreement (EU), confidentiality, data protection, exchange of information

L 181/62

EN

Official Journal of the European Union

10.7.2008

Information on the date of entry into force of the Agreement between the European Union and the
Swiss Confederation on security procedures for the exchange of classified information

On 28 April 2008 and 7 May 2008 respectively, the European Union and the Swiss Confederation notified
each other that the procedures necessary for entry into force of the Agreement had been completed (1).

The Agreement accordingly entered into force on 1 June 2008,

in accordance with Article 17 thereof.

(1) See page 57 of this Official Journal.