do-me/EUR-LEX huggingface dataset:
Case F-139/06: Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Kurrer v Commission (Civil Service — Officials — Appointment — Temporary agents appointed as officials — Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations — Transitional rules governing classification in grade at the time of recruitment — Classification in grade pursuant to the new, less favourable rules — Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)
Date: 2010-07-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, competition (EU), equal treatment, professional career, regulations for civil servants








C_2010234EN.01005601.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/56





Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Kurrer v Commission
(Case F-139/06) (1)

(Civil Service - Officials - Appointment - Temporary agents appointed as officials - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)
2010/C 234/101
Language of the case: French

Parties


Applicant: Christian Kurrer (Watermael-Boitsfort, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: B. Driessen and M. Simm, Agents)

Re:

Annulment of the Commission decision, effective from 1 April 2006, by which the applicant — a member of the temporary staff in grade A7 (now grade A*8) and a successful candidate in Open Competition COM/A/3/03 — was appointed as an official in grade A*6, step 2, pursuant to the provisions of Annex XIII to the Staff Regulations, without maintenance of the points which he had accumulated as a member of the temporary staff

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the parties to bear their own respective costs.






(1)  OJ C 20 of 27.01.07, p. 39.
Commission Regulation (EU) No 603/2010 of 8 July 2010 not fixing a minimum selling price in response to the third individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2010-07-08
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2010174EN.01004301.xml










9.7.2010   


EN


Official Journal of the European Union


L 174/43








            COMMISSION REGULATION (EU) No 603/2010
of 8 July 2010
         
not fixing a minimum selling price in response to the third individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(j), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EU) No 447/2010 (2) has opened the sales of skimmed milk powder by a tendering procedure, in accordance with the conditions provided for in Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3).












(2)


In the light of the tenders received in response to individual invitations to tender, the Commission should fix a minimum selling price or should decide not to fix a minimum selling price, in accordance with Article 46(1) of Regulation (EU) No 1272/2009.












(3)


In the light of the tenders received for the third individual invitation to tender, no minimum selling price should be fixed.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the third individual invitation to tender for selling of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010, in respect of which the time limit for the submission of tenders expired on 6 July 2010, no minimum selling price for skimmed milk powder shall be fixed.


Article 2
This Regulation shall enter into force on 9 July 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 July 2010.


For the Commission, On behalf of the President,

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 126, 22.5.2010, p. 19.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Case T-12/08 P-RENV-RX: Judgment of the General Court of 8 July 2010 — M v EMA (Appeal — Civil service — Review of the judgment of the General Court — Whether the state of the proceedings permits final judgment to be given)
Date: 2010-07-08
Institutions: General Court
Subjects: European Medicines Agency, European civil service, United Kingdom, action for annulment (EU), professional career, regulations for civil servants








C_2010234EN.01003102.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/31





Judgment of the General Court of 8 July 2010 — M v EMA
(Case T-12/08 P-RENV-RX) (1)

(Appeal - Civil service - Review of the judgment of the General Court - Whether the state of the proceedings permits final judgment to be given)
2010/C 234/53
Language of the case: French

Parties


Appellant: M (Browbourne, United Kingdom) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Other party to the proceedings: European Medicines Agency (EMA) (represented by: V. Salvatore and N. Rampal Olmedo, Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 19 October 2007 in Case F-23/07 M v EMEA (not yet published in the ECR), seeking to have that order set aside

Operative part of the judgment

The General Court:






1.


Refers the case back to the European Union Civil Service Tribunal for it to rule on the claim for compensation for the non-material damage allegedly suffered by Mr M;










2.


Reserves the costs.






(1)  OJ C 64, 8.3.2008.
Case T-368/09 P: Judgment of the General Court of 8 July 2010 — Sevenier v Commission (Appeal — Civil service — Officials — Resignation — Commission’s refusal to accept the withdrawal of the resignation and refer the matter to the invalidity committee — Time-limit for complaint — Lateness — No excusable error)
Date: 2010-07-08
Institutions: General Court
Subjects: European Commission, action by staff, action for annulment (EU), professional career, termination of a contract, work contract








C_2010234EN.01003502.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/35





Judgment of the General Court of 8 July 2010 — Sevenier v Commission
(Case T-368/09 P) (1)

(Appeal - Civil service - Officials - Resignation - Commission’s refusal to accept the withdrawal of the resignation and refer the matter to the invalidity committee - Time-limit for complaint - Lateness - No excusable error)
2010/C 234/62
Language of the case: French

Parties


Appellant: Roberto Sevenier (Paris, France) (represented by: É. Boigelot and L. Defalque, lawyers)

Other party to the proceedings: European Commission (represented by: J. Currall and D. Martin, Agents)

Re:

Appeal against the order of 8 July 2009 of the European Union Civil Service Tribunal (Third Chamber) in Case F-62/08 Sevenier v Commission (not yet published in the ECR) to have that order set aside

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Roberto Sevenier to bear his own costs and to pay those incurred by the European Commission on the appeal.






(1)  OJ C 282, 21.11.2009.
Case F-67/06: Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Lesniak v Commission (Civil Service — Officials — Appointment — Temporary agents appointed as officials — Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations — Transitional rules governing classification in grade at the time of recruitment — Classification in grade pursuant to the new, less favourable rules — Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)
Date: 2010-07-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, professional career, regulations for civil servants








C_2010234EN.01005502.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/55





Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Lesniak v Commission
(Case F-67/06) (1)

(Civil Service - Officials - Appointment - Temporary agents appointed as officials - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)
2010/C 234/100
Language of the case: French

Parties


Applicant: Christophe Lesniak (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and I. Šulce, Agents)

Re:

Annulment of the Commission decision of 8 August 2005 appointing the applicant — at that time a member of the temporary staff in grade A*10, step 2, and a successful candidate in External Competition PE/99/A — as a probationary official in grade A*6, step 2

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the parties to beat their own respective costs.






(1)  OJ C 178 of 29.07.06, p. 43.
Case T-297/10: Action brought on 8 July 2010 — DBV v Commission
Date: 2010-07-08
Institutions: General Court
Subjects: China, aluminium, anti-dumping duty, originating product, vehicle parts








C_2010246EN.01003701.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/37





Action brought on 8 July 2010 — DBV v Commission
(Case T-297/10)
()
2010/C 246/63
Language of the case: German

Parties


Applicant: DBV Deutscher Brennstoffvertrieb Würzburg GmbH (Würzburg, Germany) (represented by: C. Rudolph and A. Günther, lawyers)

Defendant: European Commission

Form of order sought







—


declare void Commission Regulation (EU) No 404/2010 of 10 May 2010 imposing a provisional anti-dumping duty on imports of certain aluminium wheels originating in the People’s Republic of China;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

The applicant is challenging Regulation (EU) No 404/2010, (1) by which the Commission imposed a provisional anti-dumping duty on imports of certain aluminium wheels originating in the People’s Republic of China.
As a basis for its action, the applicant first submits that there has been a breach of essential procedural requirements and of the rights of the defence in that, in the course of the procedure prior to adoption of the contested regulation, the applicant was not informed or given a hearing, with the result that it had no opportunity to defend its interests and set out its views.
Second, the applicant contends that there was a defective determination of the facts and an abuse of discretionary power. It submits in this regard that the background to the case was misrepresented and incorrectly investigated. The applicant argues that no account was taken of, for instance, the higher exchange rate of the dollar in the interim or of the increased prices of crude oil. The applicant further submits, in connection with its allegation of abuse of discretionary power, that the Commission failed to have regard for the principle of proportionality. An abuse of discretionary power and breach of Regulation (EC) No 1225/2009 (2) also lie, in the applicant’s view, inter alia in the fact that no suitable information was collected in the course of the investigations to establish differentiated duties.


(1)  Commission Regulation (EU) No 404/2010 of 10 May 2010 imposing a provisional anti-dumping duty on imports of certain aluminium wheels originating in the People’s Republic of China (OJ 2010 L 117, p. 64).

(2)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51).
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  (Text with EEA relevance)
Date: 2010-07-08
Institutions: European Commission
Subjects: United Kingdom, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2010184EN.01000401.xml










8.7.2010   


EN


Official Journal of the European Union


C 184/4





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2010/C 184/04






Member State


United Kingdom




Concerned routes


Oban–Coll
Oban–Colonsay
Oban–Tiree
Coll–Tiree




Period of validity of the contract


1 October 2010-31 March 2014




Deadline for submission of tenders


2 months after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the modified public service obligations can be obtained







Argyll and Bute Council




Council Offices




Kilmory




Lochgilphead




Argyll




PA31 8RT




Scotland




UNITED KINGDOM




Tel. +44 1546604141




Fax +44 1546606443




(Contact: Sandy Mactaggart, Development and Infrastructure Services)




E-mail: sandy.mactaggart@argyll-bute.gov.uk
Case T-385/08: Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a dog) (Community trade mark — Application for a Community figurative mark representing a dog — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Date: 2010-07-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), leather industry, pet food, trade-mark law








C_2010234EN.01003203.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/32





Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a dog)
(Case T-385/08) (1)

(Community trade mark - Application for a Community figurative mark representing a dog - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2010/C 234/56
Language of the case: German

Parties


Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by: C. Czychowski, A. Nordemann and A.. Dustmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of 30 June 2008 of the First Board of Appeal of OHIM (Case R 1734/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a dog

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.






(1)  OJ C 313, 6.12.2008.
Case T-160/08 P: Judgment of the General Court of 8 July 2010 — Commission v Putterie-De-Beukelaer (Appeal — Civil Service — Officials — Annulment at first instance of the career development report — 2005 reporting period — Rules applicable — Heading ‘potential’ — Evaluation procedure — Attestation procedure)
Date: 2010-07-08
Institutions: General Court
Subjects: European Commission, equal treatment, personnel administration, regulations for civil servants, staff assessment








C_2010234EN.01003202.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/32





Judgment of the General Court of 8 July 2010 — Commission v Putterie-De-Beukelaer
(Case T-160/08 P) (1)

(Appeal - Civil Service - Officials - Annulment at first instance of the career development report - 2005 reporting period - Rules applicable - Heading ‘potential’ - Evaluation procedure - Attestation procedure)
2010/C 234/55
Language of the case: French

Parties


Appellant: European Commission (represented by: C. Berardis-Kayser and K. Hermann, Agents)

Other party to the proceedings: Françoise Putterie-De-Beukelaer (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Re:

Appeal seeking to have set aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 February 2008 in Case F-31/07 Putterie-De-Beukelaer v Commission, not yet published in the ECR.

Operative part of the judgment

The General Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 February 2008 in Case F-31/07 Putterie-De-Beukelaer v Commission (not yet published in the ECR);










2.


Refers the case back to the European Union Civil Service Tribunal;










3.


Reserves the costs.






(1)  OJ C 183 of 19.7.2008.
Joined Cases C-447/08 and C-448/08: Judgment of the Court (Fourth Chamber) of 8 July 2010 (reference for a preliminary ruling from the Svea hovrätt — Sweden) — Criminal proceedings against Otto Sjöberg (C-447/08), Anders Gerdin (C-448/08) (Freedom to provide services — Gambling — Offer of gambling via the internet — Promotion of gambling organised in other Member States — Activities reserved to public or non-profit-making bodies — Criminal penalties)
Date: 2010-07-08
Institutions: Court of Justice
Subjects: Sweden, anti-discriminatory measure, discrimination on the basis of nationality, financing, gaming, interpretation of the law, market approval, marketing standard, trade regulations








C_2010234EN.01000802.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/8





Judgment of the Court (Fourth Chamber) of 8 July 2010 (reference for a preliminary ruling from the Svea hovrätt — Sweden) — Criminal proceedings against Otto Sjöberg (C-447/08), Anders Gerdin (C-448/08)
(Joined Cases C-447/08 and C-448/08) (1)

(Freedom to provide services - Gambling - Offer of gambling via the internet - Promotion of gambling organised in other Member States - Activities reserved to public or non-profit-making bodies - Criminal penalties)
2010/C 234/12
Language of the case: Swedish

Referring court

Svea hovrätt

Parties in the main proceedings

Otto Sjöberg (C-447/08), Anders Gerdin (C-448/08)

Re:

References for a preliminary ruling — Svea Hovrätt — Interpretation of Arts. 12, 43, 49 and 54 EC — National legislation prohibiting, by means of criminal penalties, the promotion of participation in a lottery only in the case where it is organised in another Member State

Operative part of the judgment







1.


Article 49 EC must be interpreted as not precluding legislation of a Member State, such as that at issue in the main actions, which prohibits the advertising to residents of that State of gambling organised for the purposes of profit by private operators in other Member States;










2.


Article 49 EC must be interpreted as precluding legislation of a Member State subjecting gambling to a system of exclusive rights, according to which the promotion of gambling organised in another Member State is subject to stricter penalties than the promotion of gambling operated on national territory without a licence. It is for the referring court to ascertain whether that is true of the national legislation at issue in the main actions.






(1)  OJ C 327, 20.12.2008.
Case F-126/06: Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 Magazzu v Commission (Staff cases — Officials — Appointment — Members of the temporary staff appointed as officials — Candidates’ names included on a reserve list of a competition published prior to the entry into force of the new Staff Regulations — Grading pursuant to the new less favourable rules — Acquired rights — Principle of non-discrimination — Articles 2, 5 and 12 of Annex XIII to the Staff Regulations)
Date: 2010-07-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, action for annulment, competition (EU), personnel administration, regulations for civil servants, servant (EU)








C_2010246EN.01004001.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/40





Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 Magazzu v Commission
(Case F-126/06) (1)

(Staff cases - Officials - Appointment - Members of the temporary staff appointed as officials - Candidates’ names included on a reserve list of a competition published prior to the entry into force of the new Staff Regulations - Grading pursuant to the new less favourable rules - Acquired rights - Principle of non-discrimination - Articles 2, 5 and 12 of Annex XIII to the Staff Regulations)
2010/C 246/68
Language of the case: French

Parties


Applicant: Salvatore Magazzu (Brussels, Belgium) (represented by: initially T. Bontinck and J. Feld, lawyers, and subsequently T. Bontinck and S. Woog, lawyers)

Defendant: European Commission (represented by: J. Currall and G. Berscheid, agents)

Re:

Application for annulment of the decision of the Appointing Authority of 13 December 2005 by which the applicant, a temporary agent in Grade A*11 who was successful in open competition COM/A/18/04, was appointed as an official with classification in Grade A*6, step 2, in accordance with Annex XIII of the Staff Regulations.

Operative part of the judgment

The Tribunal:






1.


Dismisses the application.










2.


Orders each party to bear their own costs.






(1)  OJ C 310, 16.12.2006, p. 32.