do-me/EUR-LEX huggingface dataset:
Case T-58/11 P: Appeal brought on 25 January 2011 by Michel Nolin against the judgment of the Civil Service Tribunal delivered on 1 December 2010 in Case F-82/09, Nolin v Commission
Date: 2011-01-25
Institutions: General Court
Subjects: European Commission, action by staff, indemnification, promotion, rights of civil servants, rights of the defence, staff assessment








C_2011089EN.01002302.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/23





Appeal brought on 25 January 2011 by Michel Nolin against the judgment of the Civil Service Tribunal delivered on 1 December 2010 in Case F-82/09, Nolin v Commission
(Case T-58/11 P)
2011/C 89/46
Language of the case: French

Parties


Appellant: Michel Nolin (Brussels, Belgium) (represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the Court should:






—


Set aside of the judgment of the Civil Service Tribunal (3rd Chamber) delivered on 1 December 2010 in Case F-82/09 (Michel Nolin v Commission);










—


and, giving judgment itself,






—


annul the decision of 19 December 2008 of the Director-General of the Personnel and Administration Directorate-General of the European Commission, to cancel all of the appellant's merit points and priority points following his promotion to grade AD 13 under Article 29(1)(a)(iii) of the Staff Regulations;










—


order the Commission to pay the costs in both sets of proceedings.









Pleas in law and main arguments

In support of the appeal, the appellant relies on two pleas in law.






1.


First plea, alleging infringement of the principles of legality and legal certainty, since the CST erred in law in deciding that the Commission was entitled, with no legal basis, to base the contested decision on the general scheme of the general implementing provisions under Article 45(1) of the Staff Regulations of Officials of the European Union.










2.


Second plea, alleging misapplication of the principle of non-discrimination, since the CST erred in law (i) in deciding that the Director-General of the Personnel and Administration Directorate-General had residual power which had not been legally conferred on him by a decision of the appointing authority in accordance with Article 2(ii) of the Staff Regulations and (ii) in deciding that officials promoted pursuant to Articles 29 and 45 of the Staff Regulations would, following their appointment or promotion, be in the same legal situation, even though that situation would not be the same either in terms of procedure or in terms of duties and responsibilities.
Request for an Advisory Opinion from the EFTA Court by Statens helsepersonellnemnd dated 25 January 2011 in the case of an appeal from A (Case E-1/11)
Date: 2011-01-25
Institutions: Norway
Subjects: Norway, freedom to provide services, health care profession, professional experience, recognition of vocational training qualifications








C_2011176EN.01000901.xml










16.6.2011   


EN


Official Journal of the European Union


C 176/9





Request for an Advisory Opinion from the EFTA Court by Statens helsepersonellnemnd dated 25 January 2011 in the case of an appeal from A
(Case E-1/11)
2011/C 176/06
A request has been made to the EFTA Court by a letter of 25 January 2011 from Statens helsepersonellnemnd (The Norwegian Appeal Board for Health Personnel), which was received at the Court Registry on 31 January 2011, for an Advisory Opinion in the case of an appeal from A, on the following question:
Does Directive 2005/36/EC or other EEA law allow the authorities of Member States to apply national rules providing for a right to deny an authorisation as a medical doctor or only to grant a limited authorisation as a medical doctor to applicants with insufficient professional qualifications, to a migrant applicant from another Member State who formally fulfils requirements under Directive 2005/36/EC for a right to mutual recognition of professional qualifications (authorisation as a medical doctor without limitations), when the professional experience of the applicant in Norway has unveiled insufficient professional qualifications?
Case T-399/07: Order of the General Court of 25 January 2011 — Basell Polyolefine v Commission
Date: 2011-01-25
Institutions: General Court
Subjects: European Commission, access to information, action for annulment (EU), chemical industry, price agreement, provision of documents, unlawful agreement








C_2011080EN.01003401.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/34





Order of the General Court of 25 January 2011 — Basell Polyolefine v Commission
(Case T-399/07) (1)

2011/C 80/60
Language of the case: German
The President of the First Chamber (extended composition) has ordered that the case be removed from the register.


(1)  OJ C 315, 22.12.2007.
Prior notification of a concentration (Case COMP/M.6050 — DuPont/DSM/Actamax JV)  Text with EEA relevance
Date: 2011-01-25
Institutions: European Commission
Subjects: chemical industry, economic concentration, exchange of information, medical device, merger control, nutrition, pharmaceutical product








C_2011023EN.01000801.xml










25.1.2011   


EN


Official Journal of the European Union


C 23/8





Prior notification of a concentration
(Case COMP/M.6050 — DuPont/DSM/Actamax JV)
(Text with EEA relevance)
2011/C 23/06






1.


On 17 January 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings DSM PTG, Inc., belonging to the group Royal DSM NV (‘DSM’, The Netherlands) and E.I. du Pont de Nemours and Company (‘DuPont’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Actamax Surgical Materials LLC (‘Actamax’, USA) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


DSM is engaged in the research, development, production, distribution, and sale of a variety of nutritional and pharmaceutical products, performance materials, polymer intermediates, and base chemicals and materials,










—


DuPont is a multinational diversified company engaged in the research, development, production, distribution, and sale of a variety of chemical products, plastics, agro-chemicals, paints, seed, and other materials,










—


Actamax will develop and commercialise advanced biocompatible surgical materials (notably adhesion barriers, tissue adhesives, and hemostatic and ophthalmic sealants).














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.6050 — DuPont/DSM/Actamax JV, 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’).
Case C-382/08: Judgment of the Court (Grand Chamber) of 25 January 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (Austria)) — Michael Neukirchinger v Bezirkshauptmannschaft Grieskirchen (Air transport — Licence for the organisation of commercial balloon flights — Article 12 EC — Condition of residence or company seat — Administrative sanctions)
Date: 2011-01-25
Institutions: Court of Justice
Subjects: Austria, EU Member State, Germany, air transport, interpretation of the law, market access, marketing, trade licence








C_2011080EN.01000201.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/2





Judgment of the Court (Grand Chamber) of 25 January 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (Austria)) — Michael Neukirchinger v Bezirkshauptmannschaft Grieskirchen
(Case C-382/08) (1)

(Air transport - Licence for the organisation of commercial balloon flights - Article 12 EC - Condition of residence or company seat - Administrative sanctions)
2011/C 80/02
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat des Landes Oberösterreich

Parties to the main proceedings


Applicant: Michael Neukirchinger

Defendant: Bezirkshauptmannschaft Grieskirchen

Re:

Reference for a preliminary ruling — Unabhängiger Verwaltungssenat des Landes Oberösterreich — Interpretation of Article 49 et seq. of the EC Treaty — National legislation prohibiting, on pain of administrative criminal penalties, the organisation of commercial balloon flights without a national licence, the issue of which is subject to the condition that the applicant for the licence has a place of residence or registered office within the country

Operative part of the judgment

Article 12 EC precludes legislation of a Member State, such as that at issue in the main proceedings, which, for the organisation of balloon flights in that Member State and subject to administrative sanctions in the event of failure to comply with that legislation,
requires a person resident or established in another Member State, who is licensed in that second Member State to operate commercial balloon flights, to have a place of residence or company seat in the first Member State, and
obliges that person to obtain a new licence, without due account being taken of the fact that the conditions of issue are, essentially, the same as those which apply to the licence already issued to that person in the second Member State.


(1)  OJ C 285, 8.11.2008.
Corrigendum to Directive 2010/84/EU of the European Parliament and of the Council of 15 December 2010 amending, as regards pharmacovigilance, Directive 2001/83/EC on the Community code relating to medicinal products for human use ( OJ L 348, 31.12.2010 )
Date: 2011-01-25
Institutions: Council of the European Union, European Parliament
Subjects: drug surveillance, medicinal product, pharmaceutical legislation, public health








L_2011021EN.01000801.xml










25.1.2011   


EN


Official Journal of the European Union


L 21/8







Corrigendum to Directive 2010/84/EU of the European Parliament and of the Council of 15 December 2010 amending, as regards pharmacovigilance, Directive 2001/83/EC on the Community code relating to medicinal products for human use
(
Official Journal of the European Union L 348 of 31 December 2010
)

On page 98, Article 2(1), introductory wording:
for:

               ‘
               21 July 2011
               ’,
read:

               ‘
               21 July 2012
               ’;
on page 98, Article 2(1)(b):
for:






‘b)


the expiry of a period of 3 years starting from 21 July 2011’,




read:






‘b)


21 July 2015’;




on page 98, Article 2(2):
for:

               ‘
               21 July 2011
               ’,
read:

               ‘
               21 July 2012
               ’.
Euro exchange rates
Date: 2011-01-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2011023EN.01000601.xml










25.1.2011   


EN


Official Journal of the European Union


C 23/6





Euro exchange rates (1)

24 January 2011
2011/C 23/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3571




JPY


Japanese yen


112,46




DKK


Danish krone


7,4530




GBP


Pound sterling


0,85160




SEK


Swedish krona


8,9530




CHF


Swiss franc


1,2989




ISK


Iceland króna


 




NOK


Norwegian krone


7,8830




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,219




HUF


Hungarian forint


274,02




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7030




PLN


Polish zloty


3,8770




RON


Romanian leu


4,2665




TRY


Turkish lira


2,1262




AUD


Australian dollar


1,3690




CAD


Canadian dollar


1,3498




HKD


Hong Kong dollar


10,5810




NZD


New Zealand dollar


1,7871




SGD


Singapore dollar


1,7417




KRW


South Korean won


1 523,05




ZAR


South African rand


9,5862




CNY


Chinese yuan renminbi


8,9315




HRK


Croatian kuna


7,3950




IDR


Indonesian rupiah


12 319,03




MYR


Malaysian ringgit


4,1513




PHP


Philippine peso


60,531




RUB


Russian rouble


40,5200




THB


Thai baht


42,019




BRL


Brazilian real


2,2697




MXN


Mexican peso


16,3505




INR


Indian rupee


61,9200






(1)  Source: reference exchange rate published by the ECB.
Case T-68/11: Action brought on 25 January 2011 — Kastenholz v OHIM — qwatchme (watch dials)
Date: 2011-01-25
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011113EN.01001501.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/15





Action brought on 25 January 2011 — Kastenholz v OHIM — qwatchme (watch dials)
(Case T-68/11)
2011/C 113/30
Language in which the application was lodged: German

Parties


Applicant: Erich Kastenholz (Troisdorf, Germany) (represented by: L. Acker, lawyer)

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

Other party to the proceedings before the Board of Appeal: qwatchme A/S (Vejle East, Denmark)

Form of order sought







—


Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 November 2010 in Case R 1086/2009-3;










—


refer the case back to the Cancellation Division for consideration of copyright protection relied on by the applicant, which was not adequately analysed by that Division;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community design in respect of which a declaration of invalidity has been sought: Community design No 602636-0003, which shows a watch dial.

Proprietor of the Community design: qwatchme A/S.

Applicant for the declaration of invalidity of the Community trade mark: the applicant.

Grounds for the application for a declaration of invalidity: Breach of Article 25(1)(b), together with Article 4 and Article 25(1)(f) of Regulation (EC) No 6/2002, (1) for lack of novelty and infringement of Paul Heimbach’s copyright in an artistic work.

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.

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

Pleas in law: Breach of Article 25(1) and Article 5 and Article 6 of Regulation (EC) No 6/2002, as the Board of Appeal did not make a clear distinction between the features of ‘novelty’ and ‘individual character’, as well as breach of Article 25(1)(f) of Regulation (EC) No 6/2002, as neither the Board of Appeal nor the Cancellation Division of OHIM had duly analysed whether the Community design constitutes a prohibited use of a work which is protected under German copyright legislation.


(1)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).
Non-opposition to a notified concentration (Case COMP/M.6020 — ACS/Hochtief)  Text with EEA relevance
Date: 2011-01-25
Institutions: European Commission
Subjects: building industry, economic concentration, exchange of information, merger control








C_2011023EN.01000501.xml










25.1.2011   


EN


Official Journal of the European Union


C 23/5





Non-opposition to a notified concentration
(Case COMP/M.6020 — ACS/Hochtief)
(Text with EEA relevance)
2011/C 23/02
On 14 January 2011, 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 32011M6020. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.6084 — Wittington/Divisie Bijenkorf)  Text with EEA relevance
Date: 2011-01-25
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control








C_2011023EN.01000502.xml










25.1.2011   


EN


Official Journal of the European Union


C 23/5





Non-opposition to a notified concentration
(Case COMP/M.6084 — Wittington/Divisie Bijenkorf)
(Text with EEA relevance)
2011/C 23/03
On 19 January 2011, 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 32011M6084. EUR-Lex is the on-line access to the European law.
Call for proposals and expression of interests — ESPON 2013 programme
Date: 2011-01-25
Institutions: European Commission
Subjects: EU programme, administrative competition, applied research, award of contract, scientific research








C_2011023EN.01000701.xml










25.1.2011   


EN


Official Journal of the European Union


C 23/7





Call for proposals and expression of interests — ESPON 2013 programme
2011/C 23/05
In the framework of the ESPON 2013 programme, call for proposals and expression of interests is now open:






1.


Call for proposals for applied research projects:






—


European Regions: Potential Contribution to the EU 2020 Strategy (budget: EUR 400 000,00)










—


Territorial Scenarios and Visions for Europe (budget: EUR 1 200 000,00)










—


Territorial Potentials for a Greener Economy (budget: EUR 750 000,00)










—


Territorial Governance — Best Practices for New Perspectives (budget: EUR 750 000,00 )














2.


Call for expression of interest by stakeholders for targeted analyses (budget: EUR 1 795 000,00 financing five projects in later calls for proposals).










3.


Call for proposals within the ESPON Scientific Platform:






—


EU Territorial Monitoring and Reporting System (budget: EUR 598 000,00).








The deadline for submitting proposals and expressing interests is 21 March 2011.
An Info Day and Partner Café for potential beneficiaries will take place on 10 February 2011 in Brussels.
All the documentation related to the call, including the procedure for applying, the eligibility rules, the evaluation criteria and the application form, is available at the ESPON Website, http://www.espon.eu