do-me/EUR-LEX huggingface dataset:
Case C-144/11: Reference for a preliminary ruling from the Giudice di pace di Mestre (Italy) lodged on 24 March 2011 — Criminal proceedings against Asad Abdallah
Date: 2011-03-24
Institutions: General Court
Subjects: EU Member State, foreign national, illegal migration, residence permit, return migration, right of asylum








C_2011152EN.01001701.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/17





Reference for a preliminary ruling from the Giudice di pace di Mestre (Italy) lodged on 24 March 2011 — Criminal proceedings against Asad Abdallah
(Case C-144/11)
2011/C 152/30
Language of the case: Italian

Referring court

Giudice di pace di Mestre

Party to the main proceedings

Asad Abdallah

Questions referred







1.


Does Directive 2008/115/EC (1) preclude a provision of national law, such as Article 10a of Legislative Decree No 286 of 25 July 1998, which categorises as a crime, punishable by a fine of between EUR 5 000 and EUR 10 000, the mere act of entering, or of remaining in, the national territory, in breach of the provisions laid down in relation to immigration where the person who so enters or remains is a citizen of a third country?










2.


Can Article 2(2)(B) of Directive 2008/115/EC be construed as excluding from the scope of the guarantees laid down in that directive deportation by way of alternative penalty, as provided for in Article 16(1) of Legislative Decree No 286 of 25 July 1998, for the crime consisting in the mere act of entering, or of remaining in, the national territory, as laid down in Article 10a of Legislative Decree No 286 of 25 July 1998?






(1)  OJ 2008 L 348, p. 98.
Case T-382/06: Judgment of the General Court of 24 March 2011 — Tomkins v Commission (Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Decision finding an infringement of Article 81 EC — Imputability of the infringement — Duration of the infringement)
Date: 2011-03-24
Institutions: General Court
Subjects: European Commission, action for annulment (EU), copper, exchange of information, fine, plumbing equipment, price agreement, trade information








C_2011145EN.01002102.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/21





Judgment of the General Court of 24 March 2011 — Tomkins v Commission
(Case T-382/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Duration of the infringement)
2011/C 145/32
Language of the case: English

Parties


Applicant: Tomkins plc (London, United Kingdom) (represented by: T. Soames, S. Jordan, Solicitors, and J. Joshua, Barrister)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by S. Kinsella and K. Daly, Solicitors)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:






1.


Annuls Article 1 of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) in so far as it relates to the period from 31 December 1988 to 29 October 1993 with respect to Tomkins plc;










2.


Sets the amount of the fine imposed on Tomkins plc under Article 2(h) of Decision C(2006) 4180 at EUR 4,25 million, in respect of which it is jointly and severally liable with Pegler Ltd as to EUR 3,4 million;










3.


Dismisses the action as to the remainder;










4.


Orders each party to bear its own costs.






(1)  OJ C 42, 24.2.2007.
European Network and Information Security Agency ***I European Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2010)0520 – C7-0297/2010 – 2010/0274(COD))#P7_TC1-COD(2010)0274 Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration
Date: 2011-03-24
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: European Union Agency for Cybersecurity, data protection, rules of procedure, transmission network








CE2012247EN.01011301.xml










17.8.2012   


EN


Official Journal of the European Union


CE 247/113





Thursday 24 March 2011European Network and Information Security Agency ***I
P7_TA(2011)0117
European Parliament legislative resolution of 24 March 2011 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration (COM(2010)0520 – C7-0297/2010 – 2010/0274(COD))
2012/C 247 E/17
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2010)0520),










—


having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0297/2010),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 8 December 2010 (1),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Industry, Research and Energy (A7-0039/2011),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 54, 19.2.2011, p. 35.


Thursday 24 March 2011P7_TC1-COD(2010)0274
Position of the European Parliament adopted at first reading on 24 March 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 580/2011.)
Appointment of the executive director of the European Securities and Markets Authority (ESMA) European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Securities and Markets Authority)
Date: 2011-03-24
Institutions: European Parliament
Subjects: EU office or agency, appointment of members, financial market, managing director








CE2012247EN.01001301.xml










17.8.2012   


EN


Official Journal of the European Union


CE 247/13





Thursday 24 March 2011Appointment of the executive director of the European Securities and Markets Authority (ESMA)
P7_TA(2011)0113
European Parliament resolution of 24 March 2011 on the appointment of the Executive Director of the European Supervisory Authority (European Securities and Markets Authority)
2012/C 247 E/04

The European Parliament,






—


having regard to the letter of 28 February 2011 from the European Supervisory Authority (European Securities and Markets Authority),










—


having regard to Article 51(2) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (1),










—


having regard to the fact that, at its meeting of 17 March 2011, the Committee on Economic and Monetary Affairs heard the candidate selected by the Board of Supervisors of the European Supervisory Authority (European Securities and Markets Authority),










—


having regard to Rule 120 of its Rules of Procedure,










A.


whereas Verena Ross fulfils the criteria set out in Article 51(2) of Regulation (EU) No 1095/2010),










1.


Approves the appointment of Verena Ross as Executive Director of the European Supervisory Authority (European Securities and Markets Authority);










2.


Instructs its President to forward this resolution to the European Supervisory Authority (European Securities and Markets Authority).






(1)  OJ L 331, 15.12.2010, p. 84.
Case C-369/09 P: Judgment of the Court (First Chamber) of 24 March 2011 — ISD Polska sp. z o.o., Industrial Union of Donbass Corp., ISD Polska sp. z o.o. (formerly Majątek Hutniczy sp. z o.o.) v European Commission (Appeals — State aid — Commission decision — Finding that aid is incompatible with the common market — Order for recovery of aid — Principles of legal certainty and non-retroactivity — Principle of the protection of legitimate expectations — Determination of the ‘appropriateness’ of the interest rate applicable to the recovery of aid)
Date: 2011-03-24
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), Poland, State aid, action for annulment (EU), aid for restructuring, control of State aid, exchange of information, iron and steel industry








C_2011152EN.01000501.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/5





Judgment of the Court (First Chamber) of 24 March 2011 — ISD Polska sp. z o.o., Industrial Union of Donbass Corp., ISD Polska sp. z o.o. (formerly Majątek Hutniczy sp. z o.o.) v European Commission
(Case C-369/09 P) (1)

(Appeals - State aid - Commission decision - Finding that aid is incompatible with the common market - Order for recovery of aid - Principles of legal certainty and non-retroactivity - Principle of the protection of legitimate expectations - Determination of the ‘appropriateness’ of the interest rate applicable to the recovery of aid)
2011/C 152/07
Language of the case: French

Parties


Appellants: ISD Polska sp. z o.o., Industrial Union of Donbass Corp., ISD Polska sp. z o.o. (formerly Majątek Hutniczy sp. z o.o.) (represented by: C. Rapin and E. Van den Haute, lawyers)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and A. Stobiecka-Kuik, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 1 July 2009 in Joined Cases T-273/06 and T-297/06 ISD Polska and Others v Commission dismissing the appellants’ actions seeking the partial annulment of Commission Decision 2006/937/EC of 5 July 2005 on State aid C-20/04 in favour of Huta Częstochowa SA (OJ 2006 L 366, p. 1) in so far as it declared certain aid incompatible with the common market and ordered the Republic of Poland to recover the aid — Principles of legal certainty and the non-retroactivity of Community acts — Principle of the protection of legitimate expectations — Determination of the ‘appropriate’ nature of the interest rate applicable to the recovery of aid found to be incompatible with the common market

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders ISD Polska sp. z o.o. and Industrial Union of Donbass Corp. to pay the costs.






(1)  OJ C 312, 19.12.2009.
Case T-419/09: Judgment of the General Court of 24 March 2011 — Cybergun v OHIM — Umarex Sportwaffen (AK 47) (Community trade mark — Invalidity proceedings — Community word mark AK 47 — Absolute ground for refusal — Descriptive character — Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
Date: 2011-03-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, toy industry, trade-mark law








C_2011145EN.01002602.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/26





Judgment of the General Court of 24 March 2011 — Cybergun v OHIM — Umarex Sportwaffen (AK 47)
(Case T-419/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark AK 47 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
2011/C 145/43
Language of the case: German

Parties


Applicant: Cybergun SA (Bondoufle, France) (represented by: S. Guyot, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Umarex Sportwaffen GmbH & Co. KG (Arnsberg, Germany) (represented by: M.-H. Hoffmann, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1101/2007-1) relating to invalidity proceedings between Umarex Sportwaffen GmbH & Co. KG and Cybergun SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Cybergun SA to pay the costs.






(1)  OJ C 312, 19.12.2009.
EC-US air transport agreement *** European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (15381/2010 – C7-0385/2010 – 2010/0112(NLE))
Date: 2011-03-24
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: United States, air space, air transport, cooperation agreement (EU), protocol to an agreement, revision of an agreement








CE2012247EN.01003901.xml










17.8.2012   


EN


Official Journal of the European Union


CE 247/39





Thursday 24 March 2011EC-US air transport agreement ***
P7_TA(2011)0106
European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Protocol to Amend the Air Transport Agreement between the United States of America, of the one part, and the European Community and its Member States, of the other part (15381/2010 – C7-0385/2010 – 2010/0112(NLE))
2012/C 247 E/11
(Consent)

The European Parliament,






—


having regard to the draft decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council (15381/2010),










—


having regard to the draft protocol amending the 2007 agreement between the European Community and United States of America on Air Transport (09913/2010),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v) and Article 218(8) first subparagraph, of the Treaty on the Functioning of the European Union (C7-0385/2010),










—


having regard to its resolution of 17 June 2010 on the EU-US air agreement (1),










—


having regard to Rules 81 and 90(8) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0046/2011),










1.


Consents to conclusion of the protocol;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the US Congress.






(1)  Texts adopted, P7_TA(2010)0239.
Case T-386/06: Judgment of the General Court of 24 March 2011 — Pegler v Commission (Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Decision finding an infringement of Article 81 EC — Imputability of the infringement — Fines — Deterrent effect)
Date: 2011-03-24
Institutions: General Court
Subjects: European Commission, action for annulment (EU), exchange of information, fine, piping, price agreement, restriction on competition, trade information, unlawful agreement








C_2011145EN.01002301.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/23





Judgment of the General Court of 24 March 2011 — Pegler v Commission
(Case T-386/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Fines - Deterrent effect)
2011/C 145/35
Language of the case: English

Parties


Applicant: Pegler Ltd (Doncaster, United Kingdom) (represented by: R. Thompson QC and A. Collinson, Solicitor)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by S. Kinsella and K. Daly, Solicitors)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also, in the alternative, for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:






1.


Annuls Article 1 of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) in so far as it finds that Pegler Ltd participated in the infringement in the period from 31 December 1988 to 29 October 1993;










2.


Sets the amount of the fine for which Pegler Ltd is jointly and severally liable under Article 2(h) of Decision C(2006) 4180 at EUR 3,4 million;










3.


Dismisses the action as to the remainder;










4.


Orders each party to bear its own costs.






(1)  OJ C 20, 27.1.2007.
Case C-143/11: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 24 March 2011 — Jörg-Detlef Müller v Bundesrepublik Deutschland
Date: 2011-03-24
Institutions: Court of Justice
Subjects: Germany, State aid, interpretation of the law, rights of civil servants, sick leave








C_2011269EN.01001904.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/19





Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 24 March 2011 — Jörg-Detlef Müller v Bundesrepublik Deutschland
(Case C-143/11)
2011/C 269/35
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Jörg-Detlef Müller

Defendant: Bundesrepublik Deutschland

Question referred

Does Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (1) apply to national legislation on the grant of assistance to public servants in cases of illness?


(1)  OJ 2000 L 303, p. 16
Case T-184/09: Judgment of the General Court of 24 March 2011 — Greece v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Common organisation of the markets in the sugar sector — Article 8(1) of Regulation (EC) No 1663/95 and Article 11(1) and (2) of Regulation (EC) No 885/2006 — Assessment of the risk of financial loss to the EAGGF — Principle of proportionality)
Date: 2011-03-24
Institutions: General Court
Subjects: European Commission, Greece, action for failure to fulfil an obligation, export refund, financial control, import, principle of proportionality, sugar








C_2011145EN.01002601.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/26





Judgment of the General Court of 24 March 2011 — Greece v Commission
(Case T-184/09) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Common organisation of the markets in the sugar sector - Article 8(1) of Regulation (EC) No 1663/95 and Article 11(1) and (2) of Regulation (EC) No 885/2006 - Assessment of the risk of financial loss to the EAGGF - Principle of proportionality)
2011/C 145/42
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: V. Kontolaimos, E. Leftheriotou and V. Karra, Agents)

Defendant: European Commission (represented by: F. Jimeno Fernández and A. Markoulli, Agents)

Re:

Application for annulment of Commission Decision 2009/253/EC of 19 March 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2009 L 75, p. 15), in so far as it excludes certain expenditure incurred by the Hellenic Republic in the context of the common organisation of the markets in the sugar sector.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 193, 15.8.2009.
Case T-503/09: Judgment of the General Court of 24 March 2011 — Cybergun v OHIM — Umarex Sportwaffen (AK 47) (Community trade mark — Invalidity proceedings — Community word mark AK 47 — Absolute ground for refusal — Descriptive character — Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
Date: 2011-03-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), automatic game, gaming, information technology, measuring equipment, military equipment, trade-mark law








C_2011145EN.01002603.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/26





Judgment of the General Court of 24 March 2011 — Cybergun v OHIM — Umarex Sportwaffen (AK 47)
(Case T-503/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark AK 47 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009)
2011/C 145/44
Language of the case: French

Parties


Applicant: Cybergun SA (Bondoufle, France) (represented by: S. Guyot, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Umarex Sportwaffen GmbH & Co. KG (Arnsberg, Germany) (represented by: M.-H. Hoffmann, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2009 (Case R 645/2008-1) relating to invalidity proceedings between Umarex Sportwaffen GmbH & Co. KG and Cybergun SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Cybergun SA to pay the costs.






(1)  OJ C 51, 27.2.2010.