do-me/EUR-LEX huggingface dataset:
Case F-80/08: Action brought on 13 October 2008 — Wenig v Commission
Date: 2008-10-13
Institutions: Civil Service Tribunal
Subjects: European Community, European official, action for annulment (EU), fine, regulations for civil servants, remuneration of work

6.12.2008

EN

Official Journal of the European Union

C 313/59

Operative part of the judgment

The Tribunal:

Action brought on 13 October 2008 — Ketselidou v
Commission

1. Annuls the decision of the Commission of the European Commu-
nities of 21 December 2006, placing Ms Smadja in grade A*15,
step 1, with seniority in step as at 1 November 2005;

2. Orders the Commission of the European Communities to pay all

the costs.

(1) OJ C 37, 9.2.2008, p. 35.

Parties

(Case F-81/08)

(2008/C 313/108)

Language of the case: French

Applicant: Zoe Ketselidou (Brussels, Belgium) (represented by: S.
Pappas, lawyer)

Defendant: Commission of the European Communities

Action brought on 13 October 2008 — Wenig v
Commission

Subject-matter and description of the proceedings

(Case F-80/08)

(2008/C 313/107)

Language of the case: French

Parties

Applicant: Fritz Harald Wenig (Woluwe Saint-Pierre, Belgium)
(represented by: G.-A. Dal, D. Voillemot, D. Bosquet, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of
the Commission's decision to
suspend the applicant and to order EUR 1 000 per month to be
withheld from his remuneration.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Commission's decision of 18 September 2008 to
suspend the applicant and to order EUR 1 000 per month
to be withheld from his remuneration, pursuant to Arti-
cles 23 and 24 of Annex IX to the Staff Regulations of Offi-
cials of the European Communities;

— Order the Commission of the European Communities to

pay the costs.

Annulment of the decision rejecting the applicant's request for
revision of the calculation of the pension annuities to be taken
for the transfer of pension rights acquired in
into account
Greece to the Community scheme.

Form of order sought

— Annul the decision dated 10 January 2008 in which the
Appointing Authority rejected the applicant's request for
revision of the calculation of the pension annuities that she
had acquired in the pension scheme of the institutions of
the European Communities as a result of the transfer of
pension rights by Greek social security institutions;

— Order the Commission of the European Communities to

pay the costs.

Action brought on 10 October 2008 — Gheysens v
Council

(Case F-83/08)

(2008/C 313/109)

Language of the case: French

Parties

Applicant: Johan Gheysens (Mechelen, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union
Council Decision 2008/814/CFSP of 13 October 2008 concerning the conclusion of an Agreement between the European Union and the United States of America on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Date: 2008-10-13
Institutions: Council of the European Union
Subjects: European Union, Kosovo, United States, fact-finding mission, ratification of an agreement, rule of law, the EU's international role

L 282/32

EN

Official Journal of the European Union

25.10.2008

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2008/814/CFSP

of 13 October 2008

concerning the conclusion of an Agreement between the European Union and the United States of
America on the participation of the United States of America in the European Union Rule of Law
Mission in Kosovo, EULEX KOSOVO

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, and in
particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1)

(2)

(3)

On 4 February 2008, the Council adopted Joint Action
2008/124/CFSP on the European Union Rule of Law
Mission in Kosovo, EULEX KOSOVO (1).

That Joint Action provides that detailed arrangements
regarding the participation of third States shall be laid
down in an agreement to be concluded in accordance
with Article 24 of the Treaty.

in case of

On 13 December 2004,
the Council authorised the
Presidency, assisted where necessary by the Secretary-
future EU
General/High Representative,
civilian crisis management operations to open nego­
tiations with third States with a view to concluding an
agreement on the basis of the model agreement between
the European Union and a third State on the partici­
pation of a third State in a European Union civilian
crisis management operation. On that basis,
the
Presidency negotiated an Agreement with the United
States of America on the participation of the United
States of America in the European Union Rule of Law
Mission in Kosovo, EULEX KOSOVO.

(4)

The Agreement should be approved,

Article 1

The Agreement between the European Union and the United
States of America on the participation of the United States of
America in the European Union Rule of Law Mission in Kosovo,
EULEX KOSOVO, is hereby approved on behalf of the European
Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in order to
bind the European Union.

Article 3

This Decision shall take effect on the day of its adoption.

Article 4

This Decision shall be published in the Official Journal of the
European Union.

Done at Luxembourg, 13 October 2008.

For the Council
The President

B. KOUCHNER

(1) OJ L 42, 16.2.2008, p. 92.
Case F-81/08: Action brought on 13 October 2008 — Ketselidou v Commission
Date: 2008-10-13
Institutions: Civil Service Tribunal
Subjects: European Community, Greece, action for annulment (EU), transfer of pension rights

6.12.2008

EN

Official Journal of the European Union

C 313/59

Operative part of the judgment

The Tribunal:

Action brought on 13 October 2008 — Ketselidou v
Commission

1. Annuls the decision of the Commission of the European Commu-
nities of 21 December 2006, placing Ms Smadja in grade A*15,
step 1, with seniority in step as at 1 November 2005;

2. Orders the Commission of the European Communities to pay all

the costs.

(1) OJ C 37, 9.2.2008, p. 35.

Parties

(Case F-81/08)

(2008/C 313/108)

Language of the case: French

Applicant: Zoe Ketselidou (Brussels, Belgium) (represented by: S.
Pappas, lawyer)

Defendant: Commission of the European Communities

Action brought on 13 October 2008 — Wenig v
Commission

Subject-matter and description of the proceedings

(Case F-80/08)

(2008/C 313/107)

Language of the case: French

Parties

Applicant: Fritz Harald Wenig (Woluwe Saint-Pierre, Belgium)
(represented by: G.-A. Dal, D. Voillemot, D. Bosquet, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of
the Commission's decision to
suspend the applicant and to order EUR 1 000 per month to be
withheld from his remuneration.

Form of order sought

The applicant claims that the Tribunal should:

— Annul the Commission's decision of 18 September 2008 to
suspend the applicant and to order EUR 1 000 per month
to be withheld from his remuneration, pursuant to Arti-
cles 23 and 24 of Annex IX to the Staff Regulations of Offi-
cials of the European Communities;

— Order the Commission of the European Communities to

pay the costs.

Annulment of the decision rejecting the applicant's request for
revision of the calculation of the pension annuities to be taken
for the transfer of pension rights acquired in
into account
Greece to the Community scheme.

Form of order sought

— Annul the decision dated 10 January 2008 in which the
Appointing Authority rejected the applicant's request for
revision of the calculation of the pension annuities that she
had acquired in the pension scheme of the institutions of
the European Communities as a result of the transfer of
pension rights by Greek social security institutions;

— Order the Commission of the European Communities to

pay the costs.

Action brought on 10 October 2008 — Gheysens v
Council

(Case F-83/08)

(2008/C 313/109)

Language of the case: French

Parties

Applicant: Johan Gheysens (Mechelen, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union
Council Joint Action 2008/796/CFSP of 13 October 2008 amending the mandate of the European Union Special Representative for the South Caucasus
Date: 2008-10-13
Institutions: Council of the European Union
Subjects: Caucasus countries, common foreign and security policy, diplomatic representation, the EU's international role

14.10.2008

EN

Official Journal of the European Union

L 272/19

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/796/CFSP

of 13 October 2008

amending the mandate of the European Union Special Representative for the South Caucasus

THE COUNCIL OF THE EUROPEAN UNION,

1. In Article 3, a new paragraph shall be inserted:

Having regard to the Treaty on European Union, and in
particular Articles 14, 18(5) and 23(2) thereof,

‘(d)a provide the Head of the European Union Monitoring
Mission in Georgia (EUMM Georgia) with local political
guidance;’.

Whereas:

2. Article 12 shall be replaced by the following:

(1)

(2)

(3)

On 18 February 2008, the Council adopted Joint Action
2008/132/CFSP amending and extending the mandate of
the European Union Special Representative for the South
Caucasus (1).

On 15 September 2008,
the Council adopted Joint
Action 2008/736/CFSP on the European Union Moni­
toring Mission in Georgia, EUMM Georgia (2).

On 25 September 2008,
the Council adopted Joint
Action 2008/760/CFSP appointing a European Union
Special Representative in Georgia (3),

HAS ADOPTED THIS JOINT ACTION:

‘Article 12

Coordination

The EUSR shall promote overall EU political coordi­
1.
nation. He shall help to ensure that all EU instruments in
the field are engaged coherently to attain the EU’s policy
objectives. The activities of the EUSR shall be coordinated
with those of the Presidency and the Commission, as well
as those of other EUSRs active in the region, and in particular
the EUSR in Georgia, while taking into account the specific
objectives of the latter’s mandate. The EUSR shall provide
Member States’ missions and the Commission’s delegations
with regular briefings.

2.
In the field, close liaison shall be maintained with the
Presidency, Commission and Member States’ Heads of
Mission. They shall make best efforts to assist the EUSR in
the implementation of the mandate. The EUSR shall provide
the Head of the European Union Monitoring Mission in
Georgia (EUMM Georgia) with local political guidance. The
EUSR and the Civilian Operations Commander shall consult
each other as required. The EUSR shall also liaise with other
international and regional actors in the field.’.

Article 1

Joint Action 2008/132/CFSP is amended as follows:

(1) OJ L 43, 19.2.2008, p. 30.
(2) OJ L 248, 17.9.2008, p. 26.
(3) OJ L 259, 27.9.2008, p. 16.

Article 2

Entry into force

This Joint Action shall enter into force on the date of
adoption.

its

L 272/20

EN

Official Journal of the European Union

14.10.2008

This Joint Action shall be published in the Official Journal of the European Union.

Article 3

Publication

Done at Luxembourg, 13 October 2008.

For the Council
The President

B. KOUCHNER
Commission Regulation (EC) No 995/2008 of 13 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-10-13
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit

14.10.2008

EN

Official Journal of the European Union

L 272/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 995/2008

of 13 October 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 14 October 2008.

Article 2

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

Done at Brussels, 13 October 2008.

For the Commission

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

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.

L 272/2

EN

Official Journal of the European Union

14.10.2008

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

0806 10 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

MA
MK
TR
ZZ

JO
MK
TR
ZZ

TR
ZZ

AR
BR
TR
UY
ZA
ZZ

BR
TR
US
ZZ

AR
CL
CN
CR
MK
NZ
US
ZA
ZZ

CN
TR
ZA
ZZ

79,4
53,7
62,5
65,2

156,8
81,9
97,4
112,0

125,7
125,7

71,0
51,8
105,0
95,7
86,6
82,0

224,6
85,5
224,7
178,3

67,2
42,0
53,8
67,4
35,3
89,4
106,3
81,5
67,9

39,1
129,5
99,5
89,4

(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’.
Case T-84/06: Order of the Court of First Instance of 13 October 2008 — Azivo Algemeen Ziekenfonds De Volharding v Commission
Date: 2008-10-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Commission, Netherlands, State aid, control of State aid, insurance, insurance company, mutual assistance scheme, trade-mark law

20.12.2008

EN

Official Journal of the European Union

C 327/41

Decision of the Examiner: Refusal of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1) in that the trade mark applied for has the neces-
sary minimum distinctive character.

Order of the Court of First Instance of 11 September 2008
— Italy v Commission

(Case T-126/06) (1)

(2008/C 327/74)

Language of the case: Italian

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

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

(1) OJ C 143, 17.6.2006.

Order of the Court of First Instance (Sixth Chamber) of
14 October 2008 — Casinò municipale di Venezia v
Commission

(Case T-221/00) (1)

(2008/C 327/72)

Language of the case: Italian

The President of the Court of First Instance (Sixth Chamber,
Extended Composition) has ordered that the case be removed
from the register.

Order of the Court of First Instance of 4 November 2008
— Omya v Commission

(Case T-275/06) (1)

(2008/C 327/75)

Language of the case: English

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

(1) OJ C 316, 4.11.2000.

(1) OJ C 294, 2.12.2006.

Order of the Court of First Instance of 13 October 2008 —
v
Azivo Algemeen

Volharding

Ziekenfonds De
Commission

Order of the Court of First Instance of 5 November 2008
— Xinhui Alida Polythene v Council

(Case T-84/06) (1)

(2008/C 327/73)

(Case T-364/06) (1)

(2008/C 327/76)

Language of the case: Dutch

Language of the case: English

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 108, 6.5.2006.

(1) OJ C 20, 27.1.2007.
Council Decision 2008/868/CFSP of 13 October 2008 concerning the conclusion of the Agreement between the European Union and the Russian Federation on the participation of the Russian Federation in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)
Date: 2008-10-13
Institutions: Council of the European Union
Subjects: Central African Republic, Chad, European Union, Russia, agreement (EU), common foreign and security policy, forces abroad, military cooperation, peacekeeping, ratification of an agreement

18.11.2008

EN

Official Journal of the European Union

L 307/15

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2008/868/CFSP

of 13 October 2008

concerning the conclusion of the Agreement between the European Union and the Russian
Federation on the participation of
the Russian Federation in the European Union military
operation in the Republic of Chad and in the Central African Republic (Operation EUFOR
Tchad/RCA)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, and in
particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1)

(2)

(3)

On 15 October 2007, the Council adopted Joint Action
2007/677/CFSP on the
European Union military
operation in the Republic of Chad and in the Central
African Republic (1) (Operation EUFOR Tchad/RCA).

Article 10(3) of that Joint Action provides that detailed
arrangements regarding the participation of third States
are to be the subject of an agreement, in accordance with
Article 24 of the Treaty.

Following authorisation by the Council on 13 September
2004, the Presidency, assisted by the Secretary-General of
the Council of the European Union/High Representative
for the Common Foreign and Security Policy, negotiated
an Agreement between the European Union and the
Russian Federation on the participation of the Russian
Federation in Operation EUFOR Tchad/RCA (hereinafter
referred to as the Agreement).

(4)

The Agreement should be approved on behalf of the
European Union,

Article 1

The Agreement between the European Union and the Russian
Federation on the participation of the Russian Federation in the
European Union military operation in the Republic of Chad and
in the Central African Republic (Operation EUFOR Tchad/RCA)
is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in order to
bind the European Union.

Article 3

This Decision shall take effect on the day of its adoption.

Article 4

This Decision shall be published in the Official Journal of the
European Union.

Done at Luxembourg, 13 October 2008.

For the Council
The President

B. KOUCHNER

(1) OJ L 279, 23.10.2007, p. 21.
Council Decision of 13 October 2008 appointing a Belgian member of the Advisory Committee on Freedom of Movement for Workers
Date: 2008-10-13
Institutions: Council of the European Union
Subjects: Belgium, advisory committee (EU), appointment of staff, free movement of workers

C 264/6

EN

Official Journal of the European Union

17.10.2008

COUNCIL DECISION

of 13 October 2008

appointing a Belgian member of the Advisory Committee on Freedom of Movement for Workers

(2008/C 264/03)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to Council Regulation (EEC) No 1612/68 of
15 October 1968 on freedom of movement for workers within
the Community (1), and in particular Articles 26 and 27 thereof,

Having regard to the lists of candidates submitted to the Council
by the Governments of the Member States,

Whereas:

(1)

By its Decision of 25 September 2008 (2), the Council
appointed the members and alternate members of the
Advisory Committee on Freedom of Movement
for
Workers for the period from 25 September 2008 to
24 September 2010, with the exception of certain
members including a Belgian member in the category of
representatives of workers' organisations.

(2)

The Belgian Government has put forward a candidate for
the vacant seat,

Article 1

The following is hereby appointed a member of the Advisory
Committee on Freedom of Movement
for Workers for the
period expiring on 24 September 2010:

REPRESENTATIVES OF WORKERS' ORGANISATIONS

Country: Belgium

Member: Mr Sakis DIMITRAKOPOULOS

Done at Luxembourg, 13 October 2008.

For the Council

The President

B. KOUCHNER

(1) OJ L 257, 18.10.1968, p. 2.
(2) OJ C 253, 4.10.2008, p. 7.
Case C-276/08: Order of the President of the Court of 13 October 2008 (reference for a preliminary ruling from the Tribunal administratif — Luxembourg) — Miloud Rimoumi, Gabrielle Suzanne Marie Prick v Ministre des Affaires étrangères et de l'Immigration
Date: 2008-10-13
Institutions: Court of Justice
Subjects: EU migration policy, European citizenship, foreign national, freedom of movement, interpretation of the law, mixed marriage, residence permit

20.12.2008

EN

Official Journal of the European Union

C 327/21

Pleas in law and main arguments

The time-limit for transposition of Directive 2005/36/EC into
domestic law expired on 20 October 2007.

(1) OJ L 255 of 30.9.2005.

Reference for a preliminary ruling from the Augstākās
tiesas Senāts (Republic of Latvia) lodged on 23 October
2008 — Alstom Power Hydro v Valsts ieņēmumu dienests

(Case C-472/08)

(2008/C 327/37)

Language of the case: Latvian

Action brought on 30 October 2008 — Commission of the
European Communities v Republic of Cyprus

(Case C-466/08)

(2008/C 327/36)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Karanasou-Apostolopoulou and H. Støvlbæk)

Defendant: Republic of Cyprus

Form of order sought

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply fully with
Directive 2005/36/EC (1) of the European Parliament and of
the Council of 7 September 2005 on the recognition of
professional qualifications, and in any event by not notifying
those provisions to the Commission, the Republic of Cyprus
has failed to fulfil its obligations under that directive;

— order the Republic of Cyprus to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2005/36/EC into
domestic law expired on 20 October 2007.

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings

Applicant: Alstom Power Hydro

Defendant: Valsts ieņēmumu dienests

Question referred

On a proper construction of Article 18(4) of Council Directive
77/388/EEC (1) of 17 May 1977, is it contrary to that provision
for domestic legislation to lay down a limitation period of three
years for the exercise of the right to recover sums of VAT over-
paid (the difference between output tax and deductible input
tax)?

(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment
(OJ 1977 L 145, p. 1).

Order of the President of the Court of 13 October 2008
(reference for a preliminary ruling from the Tribunal
administratif — Luxembourg) — Miloud Rimoumi,
Gabrielle Suzanne Marie Prick v Ministre des Affaires
étrangères et de l'Immigration

(Case C-276/08) (1)

(2008/C 327/38)

Language of the case: French

(1) OJ L 255 of 30.9.2005.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 236, 13.9.2008.