do-me/EUR-LEX huggingface dataset:
Case F-113/05: Judgment of the Civil Service Tribunal (Second Chamber) of 28 October 2010 — Kay v Commission (Staff cases — Officials — Appointment — Officials advancing to a higher function group by open competition — 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 2, Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, regulations for civil servants, remuneration of work








C_2010346EN.01005902.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/59





Judgment of the Civil Service Tribunal (Second Chamber) of 28 October 2010 — Kay v Commission
(Case F-113/05) (1)

(Staff cases - Officials - Appointment - Officials advancing to a higher function group by open competition - 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 2, Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)
2010/C 346/118
Language of the case: French

Parties


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

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

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

Re:

Annulment of the Commission’s decision reclassifying the applicant, who was placed on the reserve list of an external competition prior to the entry into force of the new Staff Regulations, in grade pursuant to the less favourable provisions of those regulations

Operative part of the judgment

The Tribunal:






1.


Dismisses Mr Kay’s action;










2.


Orders each party to bear its own costs.






(1)  OJ C 48, 25.2.2006, p. 36 (case initially registered before the Court of First Instance of the European Communities under the Number T-421/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).
Non-opposition to a notified concentration (Case COMP/M.5994 — Apotheek Docmorris/K-Mail Order/JV)  Text with EEA relevance
Date: 2010-10-28
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, pharmaceutical industry








C_2010292EN.01000102.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/1





Non-opposition to a notified concentration
(Case COMP/M.5994 — Apotheek Docmorris/K-Mail Order/JV)
(Text with EEA relevance)
2010/C 292/02
On 20 October 2010, 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 German and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5994. EUR-Lex is the on-line access to the European law.
Case T-299/10: Order of the General Court of 28 October 2010 — Babcock Noell v Entreprise commune Fusion for Energy
Date: 2010-10-28
Institutions: General Court
Subjects: action for annulment, energy research, nuclear energy, research programme








C_2010346EN.01005805.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/58





Order of the General Court of 28 October 2010 — Babcock Noell v Entreprise commune Fusion for Energy
(Case T-299/10) (1)

()
2010/C 346/116
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 234, 28.8.2010.
Case C-449/09: Order of the Court (Fifth Chamber) of 28 October 2010 (reference for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — Canon Kabushiki Kaisha v IPN Bulgaria OOD (The first subparagraph of Article 104(3) of the Rules of Procedure — Trade marks — Directive 89/104/EEC — Right of the proprietor of a mark to oppose the first placing into circulation within the EEA, without his consent, of goods bearing that mark)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: brand name, interpretation of the law, trade-mark law








C_2011089EN.01000201.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/2





Order of the Court (Fifth Chamber) of 28 October 2010 (reference for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — Canon Kabushiki Kaisha v IPN Bulgaria OOD
(Case C-449/09) (1)

(The first subparagraph of Article 104(3) of the Rules of Procedure - Trade marks - Directive 89/104/EEC - Right of the proprietor of a mark to oppose the first placing into circulation within the EEA, without his consent, of goods bearing that mark)
2011/C 89/02
Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Parties to the main proceedings


Applicant: Canon Kabushiki Kaisha

Defendant: IPN Bulgaria OOD

Re:

Reference for a preliminary ruling — Sofiyski gradski sad — Interpretation of Article 5, in conjunction with Article 7 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Parallel imports of original goods without the consent of the proprietor of the right conferred by the mark — Possibility for that proprietor to prevent the use in the course of trade, without his consent, of a sign identical to the mark — Proprietor’s right not exhausted

Operative part of the order

Article 5 of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the trade mark proprietor may oppose the first placing into circulation in the course of trade in the European Economic Area, without his consent, of original goods bearing that mark.


(1)  OJ C 100, 17.4.2010.
Case T-507/10: Action brought on 28 October 2010 — Viktor Uspaskich v European Parliament
Date: 2010-10-28
Institutions: General Court
Subjects: European Parliament, Member of the European Parliament, Statute for Members of the Parliament, action for annulment (EU), freedom of expression, indemnification








C_2011013EN.01002802.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/28





Action brought on 28 October 2010 — Viktor Uspaskich v European Parliament
(Case T-507/10)
()
2011/C 13/55
Language of the case: Lithuanian

Parties


Applicant: Viktor Uspaskich (Kėdainiai, Lithuania) (represented by Vytautas Sviderskis, lawyer, and Stanislovas Tomas, legal consultant)

Defendant: European Parliament

Form of order sought







—


Annul the Decision of the European Parliament of 7 September 2010 No P7_TA(2010)0296 on the request for waiver of the immunity of Viktor Uspaskich;










—


Order the defendant to pay EUR 10 000 for the non-material damage suffered;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

The applicant bases his application on four pleas in law.
First of all, the applicant submits that the defendant infringed his rights of defence and the principle of good administration in procedure 2009/2147 (IMM). The European Parliament refused to hear the applicant during the procedure for waiver of his immunity both in the Committee on Legal Affairs and during the plenary session. It failed to take account of the majority of the applicant’s arguments and did not answer any of them.
Second, the European Parliament adopted the contested decision on an incorrect legal basis and infringed point (a) of the first paragraph of Article 9 of the Protocol on the Privileges and Immunities of the European Union because it relied on a clearly incorrect interpretation of the first and second paragraphs of Article 62 of the Lithuanian Constitution. The applicant refers to the judgment of the General Court of 19 March 2010 in Case T-42/06 Gollnisch v Parliament, in which the Court held that there had been an analogous infringement by the European Parliament.
Third, the defendant failed to observe the fumus persecutionis principle and committed a manifest error of assessment when considering it. The defendant entirely disregarded its previous decisions regarding fumus persecutionis. The European Parliament failed, moreover, to take into account the fact that at the time of the decision to bring a criminal prosecution a political leader was not responsible for infringements connected with administration, and that material from the preliminary investigation had been published.
Fourth, the defendant infringed the applicant’s right to submit a request to defend his immunity in accordance with Rule 6(3) of the Rules of Procedure of the European Parliament. It refused to examine the applicant’s request that it defend his immunity on the ground that the measure requiring him to pay a security of EUR 436 000 is disproportionate to the potential maximum fine for the criminal offence with which he is charged.
Call for proposals — DG ENTR ENT-SAT-10/5011 — Support to international activities: Information, training and assistance centres
Date: 2010-10-28
Institutions: European Commission
Subjects: EU programme, apprenticeship, education, vocational training








C_2010292EN.01002501.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/25





CALL FOR PROPOSALS — DG ENTR ENT-SAT-10/5011
Support to international activities: Information, training and assistance centres
2010/C 292/07
1.   Objectives and description

Ensure the visibility of the European satellite navigation activities, monitor local satellite navigation initiatives and support the EU satellite navigation industry through support of information, training and assistance centres and activities, in Israel, and Latin America.
The kinds of activities to be supported are:






—


establishment and deployment of a communication strategy with the objective to promote and inform about the results of the European GNSS programmes in the respective third countries and support cooperation,










—


setting-up and management of a website for the duration of the project,










—


promotion of European products through distribution of relevant documentations from EU companies to events,










—


technology watch and, in particular, issue monthly monitoring reports on the development of Navigation Satellite Systems in the targeted country/region,










—


awareness creation through organisation of seminars that will present opportunities of cooperation through the different instruments available (Seventh Framework Programme for Research),










—


provision of incentives to European SMEs willing to export in cooperation for example with the European Investment Bank,










—


facilitate matchmaking with organisations from the targeted country/region.




2.   Eligible applicants

Applicants should be private or public organisations based in the targeted country/region (Israel, Latin America) or based in the European Union with operations in the targeted country/region.
Applicants must be established in one of the following countries:






—


the 27 countries of the European Union,










—


other countries: Brazil, Argentina, Chile and Israel.




3.   Budget and project duration

The total budget earmarked for the co-financing of projects amounts to EUR 250 000. Financial assistance from the Commission cannot exceed 70 % of the total eligible costs.
This call should co-finance two projects.
The maximum grant will be EUR 250 000. For details see Chapter 4 of the call for proposals.
Scheduled start date of the activities is May 2011.
The maximum duration of projects is 24 months.
4.   Deadline

Applications must be sent to the Commission no later than 15 January 2011.
5.   Further information

The full text of the call for proposals and the application forms are available on the following website: http://ec.europa.eu/enterprise/funding/index.htm
Applications must comply with the requirements set out in the full text and be submitted using the form provided.
Commission Regulation (EU) No 971/2010 of 28 October 2010 entering a name in the register of protected designations of origin and protected geographical indications (Vastedda della valle del Belìce (PDO))
Date: 2010-10-28
Institutions: European Commission
Subjects: Italy, cheese, designation of origin, location of production, milk product, product designation








L_2010283EN.01002301.xml










29.10.2010   


EN


Official Journal of the European Union


L 283/23








            COMMISSION REGULATION (EU) No 971/2010
of 28 October 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Vastedda della valle del Belìce (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and the 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) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Vastedda della valle del Belìce’ 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 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, 28 October 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 42, 19.2.2010, p. 16.




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

Class 1.3.   Cheeses

ITALY
Vastedda della valle del Belìce (PDO)
Case T-32/09 P: Order of the General Court of 28 October 2010 — Marcuccio v Commission (Appeal — Civil service — Officials — Pre-litigation procedure — Appeal clearly unfounded — Cross-appeal limited to costs)
Date: 2010-10-28
Institutions: General Court
Subjects: European Commission, appeal, fundamental rights








C_2010346EN.01004102.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/41





Order of the General Court of 28 October 2010 — Marcuccio v Commission
(Case T-32/09 P) (1)

(Appeal - Civil service - Officials - Pre-litigation procedure - Appeal clearly unfounded - Cross-appeal limited to costs)
2010/C 346/82
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-18/07 Marcuccio v Commission, not published in the ECR, seeking the annulment of that order.

Operative part of the order







1.


The appeal is dismissed as clearly unfounded.










2.


The cross-appeal is dismissed as clearly inadmissible.










3.


Mr Luigi Marcuccio is ordered to bear, in addition to his own costs, the costs incurred by the Commission in the appeal.










4.


Each party is ordered to bear its own costs in the cross-appeal.






(1)  OJ C 69,21.3.2009.
Case F-23/09: Judgment of the Civil Service Tribunal (3rd Chamber) of 28 October 2010 — Cerafogli v European Central Bank (ECB) (Civil service — ECB staff — Appointment of a member of staff on an acting basis — Notice of vacancy — Act adversely affecting an official — Placed on leave on account of disability — Legal interest in bringing proceedings)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: action for annulment, appointment of staff, civil law, competition (EU), damage








C_2011030EN.01006001.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/60





Judgment of the Civil Service Tribunal (3rd Chamber) of 28 October 2010 — Cerafogli v European Central Bank (ECB)
(Case F-23/09) (1)

(Civil service - ECB staff - Appointment of a member of staff on an acting basis - Notice of vacancy - Act adversely affecting an official - Placed on leave on account of disability - Legal interest in bringing proceedings)
2011/C 30/113
Language of the case: French

Parties


Applicant: Maria Concetta Cerafogli (Frankfurt-on-Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented by: F. Feyerbacher and N.Urban, Agents, assisted by B. Wägenbaur, lawyer)

Re:

Application for annulment of the ECB’s Board of Directors’ decision appointing an acting adviser to the Oversight Division and of vacancy notice ECB/074/08, as well as all decisions adopted on the basis of that vacancy notice. In addition, an application to order the defendant to pay compensation for the material and non-material damage suffered by the applicant.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders each party to bear its own costs.






(1)  OJ C 129, 06.06.2009, p. 21.
Prior notification of a concentration (Case COMP/M.6012 — CD&R/CVC/Univar)  Text with EEA relevance
Date: 2010-10-28
Institutions: European Commission
Subjects: banking, economic concentration, exchange of information, financial institution, merger control








C_2010292EN.01002801.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/28





Prior notification of a concentration
(Case COMP/M.6012 — CD&R/CVC/Univar)
(Text with EEA relevance)
2010/C 292/10






1.


On 19 October 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Clayton, Dubilier & Rice, LLC, (‘CD&R’, USA), through one of its funds, and investment funds advised by CVC Capital Partners SICAV-FIS SA and its subsidiaries and affiliates (‘CVC’, USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Univar Inc. (‘Univar’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


CD&R: private equity investment group originating, structuring and acting as lead equity investor in management buyouts, strategic minority equity investments and other strategic investments,










—


CVC: private equity investment group, providing investment advice to and/or managing investments on behalf of investment funds into companies active in various industries including chemicals, utilities, manufacturing, retailing and distribution,










—


Univar: distribution of chemical products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6012 — CD&R/CVC/Univar, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Non-opposition to a notified concentration (Case COMP/M.5919 — Apollo/Alcan)  Text with EEA relevance
Date: 2010-10-28
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, metallurgical industry








C_2010292EN.01000101.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/1





Non-opposition to a notified concentration
(Case COMP/M.5919 — Apollo/Alcan)
(Text with EEA relevance)
2010/C 292/01
On 21 October 2010, 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:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5919. EUR-Lex is the on-line access to the European law.
Notice of open competitions
Date: 2010-10-28
Institutions: European Personnel Selection Office
Subjects: EPSO, administrative competition, invitation to tender, translation








C_2010292EN.01002601.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/26





NOTICE OF OPEN COMPETITIONS
2010/C 292/08
The European Personnel Selection Office (EPSO) is organising the following open competitions:






—


EPSO/AD/204/10 — Management of the Structural Funds/Cohesion Fund — Administrators (AD 6)










—


EPSO/AD/205/10 — Taxation/Customs — Administrators (AD 7)










—


EPSO/AST/102/10 — Audiovisual/Web design — Assistants (AST 3)










—


EPSO/AST/103/10 — Archive and document management — Assistants (AST 3)










—


EPSO/AST/104/10 — Nuclear inspection — Assistants (AST 4)




The competition notices are published in Official Journal C 292 A of 28 October 2010.
Further details can be found on the EPSO website: http://eu-careers.eu