do-me/EUR-LEX huggingface dataset:
Case F-74/08: Judgment of the Civil Service Tribunal (Third Chamber) of 21 October 2009 — Ramaekers-Jørgensen v Commission (Officials — Community tax — Calculation — Combining the amount of personal remuneration and the survivor’s pension — Rules for collecting the tax — Date of levy)
Date: 2009-10-21
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), remuneration of work, survivor's benefit, tax








C_2009297EN.01003601.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/36





Judgment of the Civil Service Tribunal (Third Chamber) of 21 October 2009 — Ramaekers-Jørgensen v Commission
(Case F-74/08) (1)

(Officials - Community tax - Calculation - Combining the amount of personal remuneration and the survivor’s pension - Rules for collecting the tax - Date of levy)
2009/C 297/55
Language of the case: French

Parties


Applicant: Dominique Ramaekers-Jørgensen (Genval, Belgium) (represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and D. Martin, Agents)

Intervener in support of the defendant: Council of the European Union (represented by K. Zieleśkiewicz and M. Bauer, Agents)

Re:

First, annulment of the decision of the appointing authority to calculate the applicant’s Community tax by combining the amount of personal remuneration and the survivor’s pension, and of the decision rejecting the application for the Community tax on her survivor’s pension not to be deducted in advance, prior to the payment thereof, from her remuneration. Second, a finding that Articles 3 and 4 of Regulation No 260/68, are unlawful.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Ramaekers-Jørgensen to bear her own costs and to pay the cost of the Commission of the European Communities;










3.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 272, 25.10.2008, p. 52.
Commission Regulation (EC) No 985/2009 of 21 October 2009 entering a name in the register of protected designations of origin and protected geographical indications (Hajdúsági torma (PDO))
Date: 2009-10-21
Institutions: European Commission
Subjects: Hungary, cereals, designation of origin, fruit, location of production, product designation, vegetable








L_2009277EN.01001501.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/15








            COMMISSION REGULATION (EC) No 985/2009
of 21 October 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Hajdúsági torma (PDO))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Hungary’s application to register the name ‘Hajdúsági torma’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 39, 18.2.2009, p. 32.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

HUNGARY
Hajdúsági torma [PDO]
Case F-87/09: Action brought on 21 October 2009 — Dekker v Europol
Date: 2009-10-21
Institutions: Civil Service Tribunal
Subjects: European official, Europol, Netherlands, action by staff, disability insurance, indemnification, tax on income, tax system








C_2010024EN.01008002.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/80





Action brought on 21 October 2009 — Dekker v Europol
(Case F-87/09)
2010/C 24/153
Language of the case: Dutch

Parties


Applicant: Abraham Dekker (Dordrecht, Netherlands) (represented by: D. Dane and P. de Casparis, lawyers)

Defendant: Europol

Subject-matter and description of the proceedings

Annulment of the decision of Europol of 15 April 2009 refusing to guarantee the amount of the invalidity pension awarded to the applicant (taking into account his other sources of income) at a net income of 90 % of his last gross basic salary and refusing to respond to the negative changes to the applicant’s total net income due to a tax adjustment.

Form of order sought







—


annul the decision of 15 April 2009 by which the defendant informed the applicant that it is not required to guarantee a net income of 90 % of the last gross basic salary of the member of staff and that it does not have an obligation to make good the financial loss in so far as the taxation by the Netherlands tax authorities is maintained;










—


annul the decision of 23 July 2009 on the complaint which declared the pleas raised by the applicant against the decision of 15 April 2009 unfounded;










—


order Europol to pay the costs.
Commission Regulation (EC) No 986/2009 of 21 October 2009 entering a name in the register of protected designations of origin and protected geographical indications (Traditional Grimsby Smoked Fish (PGI))
Date: 2009-10-21
Institutions: European Commission
Subjects: United Kingdom, crustacean, designation of origin, fish, location of production, mollusc, product designation








L_2009277EN.01001701.xml










22.10.2009   


EN


Official Journal of the European Union


L 277/17








            COMMISSION REGULATION (EC) No 986/2009
of 21 October 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Traditional Grimsby Smoked Fish (PGI))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and to Article 17(2) of Regulation (EC) No 510/2006, the United Kingdom’s application to register the name ‘Traditional Grimsby Smoked Fish’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 49, 28.2.2009, p. 9.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

UNITED KINGDOM
Traditional Grimsby Smoked Fish (PGI)
2009/844/EC: Decision of the European Parliament and of the Council of 21 October 2009 on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
Date: 2009-10-21
Institutions: Council of the European Union, European Parliament
Subjects: Italy, aid to disaster victims, earthquake, emergency aid, financial management, fund (EU), general budget (EU)








L_2009304EN.01000501.xml










19.11.2009   


EN


Official Journal of the European Union


L 304/5








            DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 21 October 2009
         
on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
(2009/844/EC)


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,


having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),


having regard to the proposal from the Commission,

Whereas:







(1)


The European Union has created a European Union Solidarity Fund (the ‘Fund’) to show solidarity with the population of regions struck by disasters.












(2)


The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.












(3)


Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.












(4)


Italy submitted an application to mobilise the Fund, concerning a disaster caused by an earthquake,





HAVE DECIDED AS FOLLOWS:



Article 1
For the general budget of the European Union for the financial year 2009, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 493 771 159 in commitment and payment appropriations.


Article 2
This Decision shall be published in the Official Journal of the European Union.




Done at Strasbourg, 21 October 2009.


For the European Parliament


The President

J. BUZEK
            



For the Council


The President

C. MALMSTRÖM
            





(1)  
            OJ C 139, 14.6.2006, p. 1.

(2)  
            OJ L 311, 14.11.2002, p. 3.
Case F-86/09: Action brought on 21 October 2009 — W v Commission
Date: 2009-10-21
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, family benefit, personnel administration








C_2010011EN.01004002.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/40





Action brought on 21 October 2009 — W v Commission
(Case F-86/09)
2010/C 11/77
Language of the case: French

Parties


Applicant: W (Brussels, Belgium) (represented by: E. Boigelot, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision not to grant the household allowance to the applicant.

Form of order sought







—


Annul the decision of the Office for the administration and payment of individual entitlements of 5 March 2009 not to grant the household allowance to the applicant;










—


annul the rejection of the complaint brought by the applicant on 2 April 2009, recorded as No R/149/09 under Article 90(2) of the Staff Regulations, issued by the Director General of DG Admin as appointing authority and dated 17 July 2009;










—


order the Commission of the European Communities to pay the costs.
2009/808/EC: Council Decision of 21 October 2009 appointing two Greek members of the Committee of the Regions
Date: 2009-10-21
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Greece, appointment of members








L_2009288EN.01002501.xml










4.11.2009   


EN


Official Journal of the European Union


L 288/25








            COUNCIL DECISION
         
of 21 October 2009
         
appointing two Greek members of the Committee of the Regions
(2009/808/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Greek Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


Two members’ seats on the Committee of the Regions have become vacant following the death of Mr Christos PALEOLÓGOS and the end of the term of office of Mr Paris KOUKOULOPOULOS,





HAS DECIDED AS FOLLOWS:



Article 1
The following are hereby appointed to the Committee of the Regions as members for the remainder of the current term of office, which runs until 25 January 2010:






—


Mr Konstantinos SIMITSIS, Mayor of the City of Kavala,










—


Mr Theodoros GKOTSOPOULOS, Municipal Counsellor of the Municipality of Pallini, Attica.






Article 2
This Decision shall take effect on the day of its adoption.




Done at Luxembourg, 21 October 2009.


For the Council


The President

A. CARLGREN
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Case C-406/09: Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 21 October 2009 — Realchemie Nederland BV v Bayer CropScience AG
Date: 2009-10-21
Institutions: Court of Justice
Subjects: EU law - national law, commercial law, interpretation of the law, judicial cooperation in civil matters in the EU, jurisdiction








C_2009312EN.01002502.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/25





Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 21 October 2009 — Realchemie Nederland BV v Bayer CropScience AG
(Case C-406/09)
2009/C 312/41
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: Realchemie Nederland BV

Respondent: Bayer CropScience AG

Questions referred







1.


Is the phrase ‘civil and commercial matters’ in Article 1 of Regulation (EC) No 44/2001 (1) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to be interpreted in such a way that this regulation applies also to the recognition and enforcement of an order for payment of ‘Ordnungsgeld’ (an administrative fine) pursuant to Paragraph 890 of the German Code of Civil Procedure (Zivilprozessordnung)?










2.


Is Article 14 of Directive 2004/48 on the enforcement of intellectual property rights to be interpreted as applying also to enforcement proceedings relating to






(i)


an order made in another Member State concerning an infringement of intellectual property rights;










(ii)


an order made in another Member State imposing a penalty or fine for breach of an injunction against infringement of intellectual property rights;










(iii)


costs determination orders made in another Member State on the basis of the orders referred to at (i) and (ii) above?










(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).
Case F-33/08: Judgment of the Civil Service Tribunal (First Chamber) of 21 October 2009 — V v Commission (Staff case — Members of the contract staff — Recruitment — Refusal to employ the applicant for physical unfitness to perform her duties — Validity of the procedure — Validity of the medical examination prior to appointment — Preparatory acts)
Date: 2009-10-21
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, damages








C_2009297EN.01003503.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/35





Judgment of the Civil Service Tribunal (First Chamber) of 21 October 2009 — V v Commission
(Case F-33/08) (1)

(Staff case - Members of the contract staff - Recruitment - Refusal to employ the applicant for physical unfitness to perform her duties - Validity of the procedure - Validity of the medical examination prior to appointment - Preparatory acts)
2009/C 297/54
Language of the case: French

Parties


Applicant: V (Brussels, Belgium) (represented by: C. Ronzi, A. Grauling and É. Boigelot, lawyers)

Defendant: Commission of the European Communities (represented by: L. Lozano Palacios and D. Martin, Agents)

Re:

Staff case — Annulment of the Commission decision of 15 May 2007 informing the applicant that she did not fulfil the physically fitness requirements necessary for her to perform her duties and a claim for damages for material and non-material loss.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the Commission of the European Communities to bear its own costs and to pay half of V’s costs;










3.


Orders V to bear half of her own costs.






(1)  OJ C 158, 21.6.2008, p. 26.
Case T-426/09: Action brought on 21 October 2009 — Bayerische Asphalt-Mischwerke v OHIM — Koninklijke BAM Groep (bam)
Date: 2009-10-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building industry, trade-mark law








C_2010011EN.01002901.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/29





Action brought on 21 October 2009 — Bayerische Asphalt-Mischwerke v OHIM — Koninklijke BAM Groep (bam)
(Case T-426/09)
2010/C 11/56
Language in which the application was lodged: English

Parties


Applicant: Bayerische Asphaltmischwerke GmbH & Co. KG für Straβenbaustoffe (Hofolding, Germany) (represented by: R. Kunze, lawyer and Solicitor, and G. Würtenberger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Koninklijke BAM Groep NV (Bunnik, The Netherlands)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 August 2009 in case R 1005/2008-2, in so far as the opposition was rejected with respect to “non-metallic rigid piping for building; transportable structures; monuments, not of metal; building construction; repairs; repair and maintenance”;










—


Grant the opposition against the Community trade mark concerned also for “non-metallic rigid piping for building; transportable structures; monuments, not of metal; building construction; repairs; repair and maintenance”;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark “bam”, for goods and services in classes 6, 19, 37 and 42

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: German trade mark registration of the figurative mark “bam”, for goods in classes 7 and 19

Decision of the Opposition Division: Allowed the opposition partially

Decision of the Board of Appeal: Annulled partially the decision of the Opposition Division

Pleas in law: Infringement of Articles 8(1)(b) Council Regulation No 207/2009 as the Board of Appeal failed to conclude that there was similarity between the goods and services covered by the Community trade mark concerned, on one hand, and the goods covered by the trade mark cited in the opposition proceedings, on the other hand; misuse of power as the Board of Appeal acted ultra vires; infringement of Article 75 of Council Regulation No 207/2009 as the Board of Appeal failed to deal, in a comprehensive manner, with the applicant’s arguments set forth in the appeal substantiation; infringement of Article 63(1) of Council Regulation No 207/2009 as the Board of Appeal erred in limiting the scope of protection of the Community trade mark concerned and, thus, wrongly failed to take into account all relevant factors.
Case C-452/08: Order of the President of the Court of 21 October 2009 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (Spain)) — Emilia Flores Fanega v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), Bolumburu S.A.
Date: 2009-10-21
Institutions: Court of Justice
Subjects: Germany, interpretation of the law, property market, provision of services, public contract








C_2010063EN.01004302.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/43





Order of the President of the Court of 21 October 2009 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (Spain)) — Emilia Flores Fanega v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), Bolumburu S.A.
(Case C-452/08) (1)

2010/C 63/68

Language of the case: Spanish

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


(1)  OJ C 6, 10.1.2009.