do-me/EUR-LEX huggingface dataset:
Call for proposals under the 2011 work programme ‘People’ of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
Date: 2011-03-10
Institutions: European Commission
Subjects: EU programme, climate change, proposal (EU), research, technology








C_2011076EN.01001401.xml










10.3.2011   


EN


Official Journal of the European Union


C 76/14





Call for proposals under the 2011 work programme ‘People’ of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
2011/C 76/07
Notice is hereby given of the launch of a call for proposals under the 2011 work programme ‘People’ of the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).
Proposals are invited for the following call. Call deadline and budget are given in the call text, which is published on the CORDIS website.

‘People’ Specific Programme

Call Identifier: FP7-PEOPLE-2011-NCP
This call for proposals relates to the 2011 work programme adopted by Commission Decision C(2010) 8947 of 14 December 2010.
Information on the modalities of the call, the work programme, and the guide for applicants on how to submit proposals is available through the CORDIS website: http://cordis.europa.eu/fp7/calls/
Case C-109/09: Judgment of the Court (Second Chamber) of 10 March 2011 (reference for a preliminary ruling from the Bundesarbeitsgericht (Germany)) — Deutsche Lufthansa AG v Gertraud Kumpan (Fixed-term employment contract — Directive 1999/70/EC — Equal treatment in employment and occupation — Role of the national court)
Date: 2011-03-10
Institutions: Court of Justice
Subjects: Germany, equal treatment, interpretation of the law, older worker, work contract, working time








C_2011139EN.01000201.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/2





Judgment of the Court (Second Chamber) of 10 March 2011 (reference for a preliminary ruling from the Bundesarbeitsgericht (Germany)) — Deutsche Lufthansa AG v Gertraud Kumpan
(Case C-109/09) (1)

(Fixed-term employment contract - Directive 1999/70/EC - Equal treatment in employment and occupation - Role of the national court)
2011/C 139/02
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: Deutsche Lufthansa AG

Defendant: Gertraud Kumpan

Re:

Reference for a preliminary ruling — Bundesarbeitsgericht — Interpretation, first, of Articles 1, 2(1) and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) and, second, of Clause 5(1) of the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) — Prohibition on age discrimination — National legislation allowing fixed-term employment contracts on the sole condition that the worker has reached the age of 58 — Compatibility of that legislation with the above-cited provisions — Legal consequences of any incompatibility

Operative part of the judgment

Clause 5(1) of the Framework Agreement on fixed-term work concluded on 18 March 1999 and annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as meaning that the concept of ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’, provided for in Paragraph 14(3) of the Law on part-time employment and fixed-term employment contracts (Gesetz über Teilzeitarbeit und befristete Arbeitsverträge) of 21 December 2000, must be applied to situations in which a fixed-term contract has not been immediately preceded by a contract of indefinite duration concluded with the same employer and an interval of several years separates those contracts, where, for that entire period, the initial employment relationship continued for the same activity, with the same employer, by means of an uninterrupted succession of fixed-term contracts. It is for the national court, to the fullest extent possible, to interpret the relevant provisions of national law in such a way as to comply with Clause 5(1) of the Framework Agreement.


(1)  OJ C 141, 20.6.2009.
Case C-126/11: Reference for a preliminary ruling from the Hof van Cassatie van België lodged on 10 March 2011 — Inno NV v Unie van Zelfstandige Ondernemers VZW (UNIZO), Organisatie voor de Zelfstandige Modedetailhandel VZW (Mode Unie), Couture Albert BVBA
Date: 2011-03-10
Institutions: General Court
Subjects: advertising malpractice, consumer protection, reduced price, restriction on competition








C_2011152EN.01001501.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/15





Reference for a preliminary ruling from the Hof van Cassatie van België lodged on 10 March 2011 — Inno NV v Unie van Zelfstandige Ondernemers VZW (UNIZO), Organisatie voor de Zelfstandige Modedetailhandel VZW (Mode Unie), Couture Albert BVBA
(Case C-126/11)
2011/C 152/26
Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings


Applicant: Inno NV

Defendant: Unie van Zelfstandige Ondernemers VZW (UNIZO), Organisatie voor de Zelfstandige Modedetailhandel VZW (Mode Unie), Couture Albert BVBA

Question referred

Must Directive 2005/29 (1) of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ 2005 L 149, p. 22), and in particular Articles 1, 2(d), 3(1) and 5 thereof, be interpreted so that those articles are incompatible with national legislation such as the first and third paragraphs of Article 53(1) of the Wet van 14 juli 1991 betreffende de handelspraktijken en de voorlichting en bescherming van de consument (Law of 14 July 1991 on commercial practices and consumer information and protection), which, for the sectors mentioned in Article 52(1) of that Law, prohibits traders, during the restricted periods of 15 November to 2 January and 15 May to 30 June, and regardless of the place or the means of communication used, from making announcements of price reductions, as well as announcements suggestive of a price reduction, as referred to in Article 42 of that Law, and also from making announcements and suggestions of price reductions before the commencement of a restricted period which would take effect during that restricted period, even though the measure concerned, despite the dual objective put forward by the national legislature, namely, on the one hand, the protection of the interests of consumers and, on the other hand, the regulation of the competitive relations between traders, in reality serves to regulate the competitive relations between traders and, considering the other guarantees provided by the legislation, does not contribute effectively to consumer protection?


(1)  OJ 2005 L 149, p. 22.
Establishing European statutes for mutual societies, associations and foundations Declaration of the European Parliament of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations
Date: 2011-03-10
Institutions: European Parliament
Subjects: Economic Interest Grouping, European legal status, feasibility study, foundation, mutual assistance scheme








CE2012199EN.01018701.xml










7.7.2012   


EN


Official Journal of the European Union


CE 199/187





Thursday 10 March 2011Establishing European statutes for mutual societies, associations and foundations
P7_TA(2011)0101
Declaration of the European Parliament of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations
2012/C 199 E/24

The European Parliament,






—


having regard to its resolution of 19 February 2009 on social economy (1),










—


having regard to its resolution of 20 May 2010 on delivering a single market to consumers and citizens (2),










—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas society’s wealth and stability derive from its diversity of entrepreneurship, and whereas associations, mutual societies and foundations contribute to that diversity by providing a distinctive business model based on core values, namely solidarity, democratic supervision and preferring social objectives over gain,










B.


whereas, while associations, mutual societies and foundations have so far developed in a primarily national context, they need to improve cross-border access in order to maximise their entrepreneurial potential in the EU,










1.


Notes that there is a need to create a ‘level playing field’ that provides associations, mutual societies and foundations with instruments and opportunities equivalent to those available to other organisational legal structures, thereby giving a European dimension to their organisation and activities;










2.


Calls on the Commission to take the necessary steps to introduce proposals for European statutes for associations, mutual societies and foundations, to propose a feasibility study and an impact assessment for the statutes for associations and mutual societies, and to complete the impact assessment for the statute for foundations in due course;










3.


Instructs its President to forward this declaration, together with the names of the signatories (3), to the Commission, the Council and the governments and parliaments of the Member States.






(1)  OJ C 76 E, 25.3.2010, p. 16.

(2)  Texts Adopted, P7_TA(2010)0186.

(3)  The list of signatories is published in Annex 1 to the Minutes of 10 March 2011 (P7_PV(2011)03-10(ANN1)).
Corrigendum to Commission Regulation (EU) No 144/2011 of 17 February 2011 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements ( OJ L 44, 18.2.2011 )
Date: 2011-03-10
Institutions: European Commission
Subjects: animal product, health certificate, health control, import (EU), live animal, originating product, third country, transport of animals, veterinary inspection








L_2011063EN.01002801.xml










10.3.2011   


EN


Official Journal of the European Union


L 63/28







Corrigendum to Commission Regulation (EU) No 144/2011 of 17 February 2011 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements
(
Official Journal of the European Union L 44 of 18 February 2011
)

On page 11, Model BOV-X, point II.1.3:
for:







‘(1)(3) or









[(a)


the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not exposed bovine animals as described in Chapter C, Part I, point (4)(b)(iv) of Annex II of Regulation (EC) No 999/2001;’,









read:







‘(1)(3) or









[(a)


the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not exposed bovine animals as described in Chapter C, Part II, point (4)(b)(iv) of Annex II of Regulation (EC) No 999/2001;’.
Reserve list — Open competition — EPSO/AD/178/10 Administrators (AD 5) — Librarianship/Information science
Date: 2011-03-10
Institutions: European Personnel Selection Office
Subjects: EPSO, administrative competition, invitation to tender, translation








CA2011076EN.01000901.xml










10.3.2011   


EN


Official Journal of the European Union


CA 76/9





RESERVE LIST (1)

OPEN COMPETITION
EPSO/AD/178/10 ADMINISTRATORS (AD 5)
LIBRARIANSHIP/INFORMATION SCIENCE
(2011/C 76 A/02)






ALVAREZ


Emmanuel




DE LEE


Isabelle




DI TELLA


Alessandra




JUNCAL PASSOS ROCHA


Raquel




KERN


Verena




LONIEWSKA


Justyna




LÓPEZ GARCÍA


Maria Teresa




MARTÍNEZ JUAN


Ana Rosario




NEGREIRO


Maria del Mar




PAUSCH


Katharina




PICHON


Eric




RENARD


Pierre-Yves




RENUART


Caroline




TENHUNEN


Susanna




TURCO


Gianluca




VAN BINSBERGEN


Erik




VERNET


Anne




YOUGOVA


Dessislava




The reserve list will be valid until 31 December 2013.


(1)  A successful candidate may explicitly request her/his name not be published.
Case C-227/10: Order of the President of the Eighth Chamber of the Court of 10 March 2011 — European Commission v Republic of Estonia
Date: 2011-03-10
Institutions: Court of Justice
Subjects: EU environmental policy, Estonia, action for failure to fulfil an obligation, national implementing measure








C_2011211EN.01002102.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/21





Order of the President of the Eighth Chamber of the Court of 10 March 2011 — European Commission v Republic of Estonia
(Case C-227/10) (1)

2011/C 211/40
Language of the case: Estonian
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 209, 31.7.2010.
Case C-306/10: Order of the President of the Fifth Chamber of the Court of 10 March 2011 — European Commission v Republic of Estonia
Date: 2011-03-10
Institutions: Court of Justice
Subjects: Portugal, cross-border transport, labour law, rail transport








C_2011211EN.01002104.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/21





Order of the President of the Fifth Chamber of the Court of 10 March 2011 — European Commission v Republic of Estonia
(Case C-306/10) (1)

2011/C 211/42
Language of the case: Estonian
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 221, 14.8.2010.
Case C-51/10 P: Judgment of the Court (First Chamber) of 10 March 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Sign composed exclusively of numerals — Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers — Allegedly descriptive character of that sign — Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 — Obligation on OHIM to take into account its previous decision-making practice)
Date: 2011-03-10
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, trade-mark law








C_2011139EN.01001001.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/10





Judgment of the Court (First Chamber) of 10 March 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-51/10 P) (1)

(Appeal - Community trade mark - Sign composed exclusively of numerals - Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers - Allegedly descriptive character of that sign - Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 - Obligation on OHIM to take into account its previous decision-making practice)
2011/C 139/15
Language of the case: English

Parties


Appellant: Agencja Wydawnicza Technopol sp. z o.o. (represented by: A. von Mühlendahl, Rechtsanwalt)

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

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Case T-298/06 Agencja Wydawnicza Technopol v OHIM by which that Court dismissed an action for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 August 2006 in Case R 447/2006-4 dismissing the appeal against the examiner’s decision refusing to register the word mark ‘1000’ for goods and services in Classes 16, 28 and 41 — Infringement of Article 7(1)(c) of Regulation (EC) No 40/94

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.






(1)  OJ C 113, 1.5.2010.
Information relating to the entry into force of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports
Date: 2011-03-10
Institutions: Council of the European Union
Subjects: Brazil, Council of the European Union, EU visa policy, European Union, admission of aliens, association agreement, cross-frontier data flow, residence permit








L_2011063EN.01000101.xml










10.3.2011   


EN


Official Journal of the European Union


L 63/1







Information relating to the entry into force of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports

The Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports will enter into force on 1 April 2011, the procedure provided for in Article 8 of the Agreement having been completed on 24 February 2011.
Case C-516/09: Judgment of the Court (Eighth Chamber) of 10 March 2011 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Tanja Borger v Tiroler Gebietskrankenkasse (Social security for workers — Regulation (EEC) No 1408/71 — Scope ratione personae — Interpretation of the term ‘employed person’ — Benefits for a dependent child — Extension of unpaid leave)
Date: 2011-03-10
Institutions: Court of Justice
Subjects: interpretation of the law, parental leave, social security, social-security benefit, termination of a contract, unpaid leave, wage earner








C_2011139EN.01000702.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/7





Judgment of the Court (Eighth Chamber) of 10 March 2011 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Tanja Borger v Tiroler Gebietskrankenkasse
(Case C-516/09) (1)

(Social security for workers - Regulation (EEC) No 1408/71 - Scope ratione personae - Interpretation of the term ‘employed person’ - Benefits for a dependent child - Extension of unpaid leave)
2011/C 139/11
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Claimant: Tanja Borger

Defendant: Tiroler Gebietskrankenkasse

Re:

Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 1(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ, English Special Edition 1971(II), p. 416) — Childcare allowance — Scope ratione personae — Interpretation of the term ‘employed person’ — Person residing in Switzerland and agreeing with her employer, established in a Member State, a suspension of their employment relationship by reason of the birth of her child (‘Karenz’) for a period exceeding the two-year period provided for by the law of that Member State

Operative part of the judgment

The status of an ‘employed person’, within the meaning of Article 1(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 1606/98 of 29 June 1998, must be attributed to a person in a situation such as that of the claimant in the main proceedings during the six-month period of extended unpaid leave following the birth of her child, on condition that, during that period, that person is covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in Article 1(a) of that regulation. It is for the national court to determine whether that condition is satisfied in the dispute before it.


(1)  OJ C 63, 13.3.2010.
Case C-379/09: Judgment of the Court (Third Chamber) of 10 March 2011 (reference for a preliminary ruling from the Arbeidshof te Brussel (Belgium)) — Maurits Casteels v British Airways plc (Freedom of movement for workers — Articles 45 TFEU and 48 TFEU — Social security for migrant workers — Protection of supplementary pension rights — Inaction on the part of the Council — Worker employed successively by the same employer in several Member States)
Date: 2011-03-10
Institutions: Court of Justice
Subjects: United Kingdom, air transport, free movement of workers, interpretation of the law, pension scheme, social security, transfer of pension rights, wage earner








C_2011139EN.01000502.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/5





Judgment of the Court (Third Chamber) of 10 March 2011 (reference for a preliminary ruling from the Arbeidshof te Brussel (Belgium)) — Maurits Casteels v British Airways plc
(Case C-379/09) (1)

(Freedom of movement for workers - Articles 45 TFEU and 48 TFEU - Social security for migrant workers - Protection of supplementary pension rights - Inaction on the part of the Council - Worker employed successively by the same employer in several Member States)
2011/C 139/08
Language of the case: Dutch

Referring court

Arbeidshof te Brussel

Parties to the main proceedings


Applicant: Maurits Casteels

Defendant: British Airways plc

Re:

Reference for a preliminary ruling — Arbeidshof te Brussel — Interpretation of Articles 39 EC and 42 EC and of Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ 1998 L 209, p. 46) — Absence of action on the part of the Council — Employee working successively in the operating units of the same employer in several Member States (otherwise than in the context of postings) and subject on each occasion to the locally applicable supplementary pension scheme

Operative part of the judgment







1.


Article 48 TFEU does not have any direct effect capable of being relied on by an individual against his private-sector employer in a dispute before national courts.










2.


Article 45 TFEU must be interpreted as precluding, in the context of the mandatory application of a collective labour agreement:






—


for the determination of the period for the acquisition of definitive entitlements to supplementary pension benefits in a Member State, the non-inclusion of the years of service completed by a worker for the same employer in establishments of that employer situated in different Member States and pursuant to the same coordinating contract of employment;










—


a worker who has been transferred from an establishment of his employer in one Member State to an establishment of the same employer in another Member State from being regarded as having left the employer of his own free will.










(1)  OJ C 312, 19.12.2009.