do-me/EUR-LEX huggingface dataset:
European Year of Combating Violence against Women Declaration of the European Parliament of 9 September 2010 on establishing a European Year of Combating Violence against Women
Date: 2010-09-09
Institutions: European Parliament
Subjects: European cultural event, domestic violence, gender equality, human rights, sexual violence








CE2011308EN.01008901.xml










20.10.2011   


EN


Official Journal of the European Union


CE 308/89





Thursday 9 September 2010European Year of Combating Violence against Women
P7_TA(2010)0318
Declaration of the European Parliament of 9 September 2010 on establishing a European Year of Combating Violence against Women
2011/C 308 E/18

The European Parliament,
having regard to Rule 123 of its Rules of Procedure,






A.


whereas the expression ‘violence against women’ denotes any act of gender-based violence causing or liable to cause women harm or physical, sexual or psychological suffering, including the simple fact of threatening such acts or the arbitrary limitation or deprivation of freedom, whether in the public sphere or in their personal lives,










B.


whereas violence against women is a major obstacle to gender equality and is one of the most widespread human rights violations, knowing no geographical, financial, cultural or social barriers,










C.


whereas this is a critical problem in the European Union, where 20 to 25 % of women suffer physical violence in their adult life and over 10 % are the victims of sexual violence,










D.


whereas Parliament has called on several occasions for a European Year of Combating Violence against Women to be established, in particular in its resolution on equality between women and men in 2009,










1.


Emphasises the importance of combating violence against women in order to help achieve gender equality;










2.


Calls on the Commission to establish, within the next five years, a European Year of Combating Violence against Women;










3.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission.






(1)  The list of signatories is published in Annex 2 to the Minutes of 9 September 2010 (P7_PV(2010)09-09(ANN2)).
Case C-64/08: Judgment of the Court (Fourth Chamber) of 9 September 2010 (reference for a preliminary ruling from the Landesgericht Linz (Austria)) — Criminal proceedings against Ernst Engelmann (Freedom to provide services — Freedom of establishment — National rules establishing a system of concessions for the operation of games of chance in casinos — Concessions obtainable solely by public limited companies established in national territory — All concessions granted without any competitive procedure)
Date: 2010-09-09
Institutions: Court of Justice
Subjects: State monopoly, advertising, game of chance, gaming establishment, interpretation of the law, service concession








C_2010288EN.01000901.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/9






Judgment of the Court (Fourth Chamber) of 9 September 2010 (reference for a preliminary ruling from the Landesgericht Linz (Austria)) — Criminal proceedings against Ernst Engelmann
(Case C-64/08) (1)

(Freedom to provide services - Freedom of establishment - National rules establishing a system of concessions for the operation of games of chance in casinos - Concessions obtainable solely by public limited companies established in national territory - All concessions granted without any competitive procedure)
(2010/C 288/14)
Language of the case: German

Referring court

Landesgericht Linz

Party in the main proceedings

Ernst Engelmann

Re:

Reference for a preliminary ruling — Landesgericht Linz — Interpretation of Articles 43 EC and 49 EC — National legislation prohibiting, on pain of criminal sanctions, the operation of games of chance in casinos without a concession granted by the competent authority, but restricting the possibility of obtaining such a concession, of a maximum duration of 15 years, to public limited companies established in national territory which do not have any branches abroad

Operative part of the judgment







1.


Article 43 EC must be interpreted as precluding legislation of a Member State under which games of chance may be operated in gaming establishments only by operators whose seat is in the territory of that Member State.










2.


The obligation of transparency flowing from Articles 43 EC and 49 EC and from the principle of equal treatment and the prohibition of discrimination on grounds of nationality precludes the grant without any competitive procedure of all the concessions to operate gaming establishments in the territory of a Member State.






(1)  OJ C 116, 9.5.2008.
Case F-74/10: Action brought on 9 September 2010 — Kimman v Commission
Date: 2010-09-09
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment, report, staff assessment








C_2010301EN.01006303.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/63





Action brought on 9 September 2010 — Kimman v Commission
(Case F-74/10)
()
2010/C 301/102
Language of the case: French

Parties


Applicant: Eugène Emile Kimman (Overijse, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the applicant’s appraisal report for 2008.

Form of order sought







—


Annul the applicant’s appraisal report for 2008;










—


Order the European Commission to pay the costs.
Case T-63/06: Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v EMCDDA) (Public service contracts — EMCDDA tender procedure — Supply of software programming and consultancy services — Rejection of a submitted tender — Award criteria — Manifest error of assessment — Equal treatment — Transparency — Principle of sound administration — Obligation to state reasons)
Date: 2010-09-09
Institutions: General Court
Subjects: European Monitoring Centre for Drugs and Drug Addiction, action for annulment, award of contract, computer systems, invitation to tender, service, software








C_2010288EN.01003001.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/30






Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v EMCDDA)
(Case T-63/06) (1)

(Public service contracts - EMCDDA tender procedure - Supply of software programming and consultancy services - Rejection of a submitted tender - Award criteria - Manifest error of assessment - Equal treatment - Transparency - Principle of sound administration - Obligation to state reasons)
(2010/C 288/56)
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (represented by: D. Storti, Agent, assisted by J. Stuyck, lawyer)

Re:

Application for annulment of the decision of the European Monitoring Centre for Drugs and Drug Addiction of 5 December 2005 to reject the bid submitted by the applicant in response to a call for tenders for the supply of software programming and consultancy services (OJ 2005 S 187) and to award the contract to another tenderer or, in the alternative, a claim for damages.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).






(1)  OJ C 86, 8.4.2006.
Opinion of the Advisory Committee on restrictive practices and dominant position given at its meeting of 9 September 2010 regarding a draft decision relating to Case COMP/39.315 — ENI — Rapporteur: Hungary
Date: 2010-09-09
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Italy, dominant position, energy grid, gas supply, market-sharing agreement, merger control, natural gas, restriction on competition








C_2010352EN.01000501.xml










23.12.2010   


EN


Official Journal of the European Union


C 352/5





Opinion of the Advisory Committee on restrictive practices and dominant position given at its meeting of 9 September 2010 regarding a draft decision relating to Case COMP/39.315 — ENI
Rapporteur: Hungary
2010/C 352/08






1.


The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 9 September 2010 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.










2.


The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.










3.


The Advisory Committee agrees with the Commission that the commitments offered by ENI are suitable, necessary and proportionate.










4.


The Advisory Committee agrees with the Commission that, in light of the commitments offered by ENI, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.










5.


The Advisory Committee asks the Commission to take into account any other points raised during the discussion.










6.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-300/07: Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v Commission (Public service contracts — Community tendering procedure — Provision of information technology services relating to the management and maintenance of an internet portal — Rejection of the bid submitted by a tenderer — Award criteria — Obligation to state the reasons on which a decision is based — Manifest error of assessment — Equal treatment — Transparency)
Date: 2010-09-09
Institutions: General Court
Subjects: EC Decision, European Commission, Greece, Internet, action for annulment (EU), award of contract, information technology industry








C_2010288EN.01003201.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/32






Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v Commission
(Case T-300/07) (1)

(Public service contracts - Community tendering procedure - Provision of information technology services relating to the management and maintenance of an internet portal - Rejection of the bid submitted by a tenderer - Award criteria - Obligation to state the reasons on which a decision is based - Manifest error of assessment - Equal treatment - Transparency)
(2010/C 288/60)
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: European Commission (represented by: E. Manhaeve, acting as Agent, and by J. Stuyk, lawyer)

Re:

APPLICATION (i) for annulment of the Commission’s decisions of 21 May 2007 and 13 July 2007 rejecting the tenders submitted by the applicant in tendering procedure ENTR/05/78 for Lot 1 (Editorial Work and Translation) and Lot 2 (Infrastructure Management) for the management and maintenance of the ‘Your Europe’ portal (OJ 2006/S 143-153057) and awarding those contracts to another tenderer and (ii) for damages

Operative part of the judgment

The Court:






1.


Annuls the Commission’s decision of 13 July 2007 rejecting the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in tendering procedure ENTR/05/78 for Lot 2 (Infrastructure Management) for the management and maintenance of the ‘Your Europe’ portal and awarding that contract to another tenderer;










2.


Dismisses the remainder of the claim for annulment;










3.


Dismisses the claim for damages;










4.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis to pay 50 % of its own costs and 50 % of the costs incurred by the European Commission, and the European Commission to pay 50 % of its own costs and 50 % of those incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE.






(1)  OJ C 235, 6.10.2007.
Case T-106/09: Judgment of the General Court of 9 September 2010 — adp Gauselmann v OHIM — Maclean (Archer Maclean’s Mercury) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Archer Maclean’s Mercury — Earlier national word mark Merkur — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2010-09-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), equal treatment, trade-mark law








C_2010288EN.01003901.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/39






Judgment of the General Court of 9 September 2010 — adp Gauselmann v OHIM — Maclean (Archer Maclean’s Mercury)
(Case T-106/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Archer Maclean’s Mercury - Earlier national word mark Merkur - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
(2010/C 288/74)
Language of the case: English

Parties


Applicant: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Archer Maclean (Banbury, Oxfordshire, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2009 (Case R 1266/2007-1), relating to opposition proceedings between adp Gauselmann GmbH and Archer Maclean

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders adp Gauselmann GmbH to pay the costs.






(1)  OJ C 113, 16.5.2009.
Case T-412/10: Action brought on 9 September 2010 — Roca v Commission
Date: 2010-09-09
Institutions: General Court
Subjects: European Commission, France, action for annulment, competition law, plumbing equipment








C_2010301EN.01005702.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/57





Action brought on 9 September 2010 — Roca v Commission
(Case T-412/10)
()
2010/C 301/92
Language of the case: Spanish

Parties


Applicant: Roca Sàrl (Saint Ouen L’Aumone, France) (represented by: P. Vidal Martínez, lawyer)

Defendant: European Commission

Form of order sought







—


Annulment in part of Articles 1 and 2 of Commission Decision C(2010) 4185 of 23 June 2010 in so far as it imposes a disproportionate fine on Roca Sarl (‘Roca France’) for breach of Article 101 TFEU;










—


accordingly, reduction of the fine imposed on Roca France, as requested in the present application, to the extent that the Court deems appropriate for the reasons set out or for such other reasons as the Court may determine, and










—


an order that the Commission should pay the costs incurred by Roca France.





Pleas in law and main arguments

The decision contested in these proceedings is the same as that contested in Case T-408/10 Roca Sanitario v Commission and Case T-411/10 Laufen Austria v Commission.
The pleas in law and main arguments are similar to those relied on in those cases.
Case T-387/08: Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v Commission (Public service contracts — Publications Office’s tendering procedure — Provision of computing services — Rejection of a tenderer’s bid — Action for annulment — Award criteria and sub-criteria — Obligation to state the reasons on which the decision is based — Equal treatment — Transparency — Manifest error of assessment — Misuse of powers — Claim for damages)
Date: 2010-09-09
Institutions: General Court
Subjects: Community budget, EU publication, Greece, action for annulment (EU), award of contract, equal treatment, financial legislation, information technology industry, invitation to tender








C_2010288EN.01003501.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/35






Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v Commission
(Case T-387/08) (1)

(Public service contracts - Publications Office’s tendering procedure - Provision of computing services - Rejection of a tenderer’s bid - Action for annulment - Award criteria and sub-criteria - Obligation to state the reasons on which the decision is based - Equal treatment - Transparency - Manifest error of assessment - Misuse of powers - Claim for damages)
(2010/C 288/66)
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and P. Katsimani, lawyers)

Defendant: European Commission (represented by: E. Manhaeve and N. Bambara, Agents, and by J. Stuyck, lawyer)

Re:

Application (i) for annulment of the decision of the Publications Office of the European Union of 20 June 2008 rejecting the tender submitted by the applicant in Call for Tender AO 10185 for computing services — maintenance of the SEI-BUD/AMD/CR systems and related services (OJ 2008/S 43-058884) and of the decision to award the contract to another tenderer, and (ii) for damages

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear 90 % of its own costs and to pay 90 % of the costs incurred by the European Commission, and the latter to bear 10 % of its own costs and to pay 10 % of the costs incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE.






(1)  OJ C 301, 22.11.2008.