do-me/EUR-LEX huggingface dataset:
Case F-34/11: Action brought on 4 April 2011 — ZZ v Europol
Date: 2011-04-04
Institutions: Civil Service Tribunal
Subjects: action for annulment, occupational status








C_2011204EN.01003001.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/30





Action brought on 4 April 2011 — ZZ v Europol
(Case F-34/11)
2011/C 204/54
Language of the case: Dutch

Parties


Applicant: ZZ (represented by: D. Dane, lawyer)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of the decision to classify the applicant in Grade AST 5.

Form of order sought







—


Annul the decision of 19 December 2010 in which the defendant notified the applicant that the grading of his position was held at Grade AST 5;










—


order Europol to pay the costs.
Commission Implementing Regulation (EU) No 325/2011 of 4 April 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-04-04
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2011089EN.01001301.xml










5.4.2011   


EN


Official Journal of the European Union


L 89/13








            COMMISSION IMPLEMENTING REGULATION (EU) No 325/2011
of 4 April 2011
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 5 April 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 April 2011.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


IL 


61,9 




JO 


68,6 




MA 


51,0 




TN 


102,0 




TR 


84,7 




ZZ 


73,6 




0707 00 05 


EG 


158,2 




TR 


144,9 




ZZ 


151,6 




0709 90 70 


MA 


37,5 




TR 


115,1 




ZA 


28,9 




ZZ 


60,5 




0805 10 20 


EG 


61,7 




IL 


75,9 




MA 


54,3 




TN 


48,7 




TR 


74,2 




US 


49,1 




ZZ 


60,7 




0805 50 10 


TR 


56,6 




ZZ 


56,6 




0808 10 80 


AR 


85,6 




BR 


80,5 




CA 


87,6 




CL 


95,0 




CN 


119,0 




MK 


50,2 




US 


131,1 




UY 


70,6 




ZA 


83,7 




ZZ 


89,3 




0808 20 50 


AR 


84,8 




CL 


110,4 




CN 


85,8 




ZA 


92,1 




ZZ 


93,3 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case T-206/11: Action brought on 4 April 2011 — COMPLEX v OHIM — Kajometal (KX)
Date: 2011-04-04
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011194EN.01001403.xml










2.7.2011   


EN


Official Journal of the European Union


C 194/14





Action brought on 4 April 2011 — COMPLEX v OHIM — Kajometal (KX)
(Case T-206/11)
2011/C 194/22
Language in which the application was lodged: Polish

Parties


Applicant: COMPLEX S.A. (Łódź, Poland) (represented by: R. Rumpel, legal adviser)

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

Other party to the proceedings before the Board of Appeal: Kajometal s.r.o. (Dolny Kubin, Slovakia)

Form of order sought







—


declare the action to be well founded;










—


annul the decision delivered by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 21 January 2011 in Case R 864/2010-2;










—


replace the contested decision by a decision refusing registration of the mark KX, No 61225405;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Kajometal s.r.o.

Community trade mark concerned: word mark KX for goods in Class 7

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: Community word mark CX, No 3 588 241, registered for goods in Class 7, Community figurative mark CX PRECISION BEARINGS, No 397 932 , registered for goods in Class 7

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: appeal dismissed

Pleas in law: misapplication of Article 8(1)(b) of Regulation No 207/2009, (1) in that there is a likelihood of confusion as between the conflicting marks.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-163/11: Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium) lodged on 4 April 2011 — Annex Customs BVBA v Belgische Staat and KBC Bank NV
Date: 2011-04-04
Institutions: Court of Justice
Subjects: Belgium, access to information, customs regulations, legal code








C_2011179EN.01001103.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/11





Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium) lodged on 4 April 2011 — Annex Customs BVBA v Belgische Staat and KBC Bank NV
(Case C-163/11)
2011/C 179/21
Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Antwerpen

Parties to the main proceedings

Applicant: Annex Customs BVBA
Defendants: 






 


Belgische Staat










 


KBC Bank NV





Questions referred







1.


Should Article 450c(1)(b) of Commission Regulation (EEC) No 2454/93 (1) of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as added by Article 1, point 53, of Commission Regulation (EC) No 2787/2000 (2) of 15 December 2000, be interpreted as meaning that the notification referred to therein is only enforceable if it states the precise amounts that could possibly be claimed from the guarantor?










2.


Should Article 450c(2) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as added by Article 1, point 53, of Commission Regulation (EC) No 2787/2000 of 15 December 2000, be interpreted as meaning that the guarantor who, after having received a notification as referred to in Article 450c(1)(a) within three years of the date of acceptance of the transit declaration, receives a notification in which other amounts are mentioned than the amounts which are later claimed from him, is released from his obligations?






(1)  OJ 1993 L 253, p. 1.

(2)  Commission Regulation (EC) No 2787/2000 of 15 December 2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance) (OJ 1993 L 330, p. 1).
Case C-162/11: Reference for a preliminary ruling from the Bundeskommunikationssenat (Austria) lodged on 4 April 2011 — Publikumsrat des Österreichischen Rundfunks v Österreichischer Rundfunk
Date: 2011-04-04
Institutions: Court of Justice
Subjects: Austria, advertising, audiovisual communications policy, broadcasting








C_2011179EN.01001102.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/11





Reference for a preliminary ruling from the Bundeskommunikationssenat (Austria) lodged on 4 April 2011 — Publikumsrat des Österreichischen Rundfunks v Österreichischer Rundfunk
(Case C-162/11)
2011/C 179/20
Language of the case: German

Referring court

Bundeskommunikationssenat

Parties to the main proceedings


Applicant: Publikumsrat des Österreichischen Rundfunks

Defendant: Österreichischer Rundfunk

Question referred

Are Articles 1(c), 10, 11 and 18(3) of Council Directive 89/552/EEC of 3 October 1989 (1) on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council of 19 June 1997 amending Directive 89/552 (2) to be interpreted as meaning that announcements of any kind made by a television broadcaster in its programmes and broadcasts and relating to its own (free-to-air) programmes and broadcasts are covered by the term ‘television advertising’ (Article 1(c)), and are, inter alia, the provisions on separation between editorial content and advertising and the recognisable nature of advertising in Article 10 and on the insertion of advertising in Article 11 consequently also applicable to such announcements?


(1)  OJ 1989 L 298, p. 23.

(2)  OJ 1989 L 202, p. 60.
Case F-45/10: Order of the Civil Service Tribunal (First Chamber) of 4 April 2011 — AO v Commission (Civil service — Officials — Disciplinary measure — Removal from post — Article 35(1)(d) and (2)(a) of the Rules of Procedure — Action, in part, clearly inadmissible and, in part, clearly unfounded)
Date: 2011-04-04
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, action for annulment, civil servant, damages, freedom of self-determination








C_2011160EN.01002803.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/28





Order of the Civil Service Tribunal (First Chamber) of 4 April 2011 — AO v Commission
(Case F-45/10) (1)

(Civil service - Officials - Disciplinary measure - Removal from post - Article 35(1)(d) and (2)(a) of the Rules of Procedure - Action, in part, clearly inadmissible and, in part, clearly unfounded)
2011/C 160/44
Language of the case: English

Parties


Applicant: AO (Brussels, Belgium) (represented by: M. Schober, lawyer)

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

Re:

Application, first, for annulment of decision CMS 07/046 of the Commission ordering the removal of the applicant from his post without reduction to his entitlement to a retirement pension with effect from 15 August 2009 and to annul all the decisions taken against the applicant between the period from September 2003 until his removal from his post and, second, for damages.

Operative part of the order







1.


The action is dismissed as being, in part, clearly inadmissible and, in part, clearly unfounded.










2.


The applicant shall pay all the costs.






(1)  OJ C 221, 14.8.2010, p. 60.
Case T-204/11: Action brought on 4 April 2011 — Spain v Commission
Date: 2011-04-04
Institutions: General Court
Subjects: action for annulment (EU), health policy, research method








C_2011160EN.01002601.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/26





Action brought on 4 April 2011 — Spain v Commission
(Case T-204/11)
2011/C 160/41
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul Commission Regulation (EU) No 15/2011 of 10 January 2011 amending Regulation (EC) No 2074/2005 as regards recognised testing methods for detecting marine biotoxins in live bivalve molluscs, and










—


order the Commission to pay the costs.





Pleas in law and main arguments

In the contested regulation the Commission decided to impose the liquid chromatography-mass spectrometry (LC-MS/MS) method as the reference method for the detection of marine lipophilic toxins, replacing the mouse bioassay method.
In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging infringement of Article 168 TFEU and the principle of proportionality which should govern the adoption of decisions by the institutions of the European Union.






—


It is stated in this regard that the new reference method established for the detection of lipophilic toxins is no more beneficial for the protection of public health than mouse bioassay.














2.


Second plea in law, alleging infringement of the principle of proportionality.






—


It is stated in this regard that by adopting the decision to replace mouse bioassay with LC-MS/MS as the reference method for the detection of lipophilic toxins, the Commission did not assess all the relevant facts and circumstances of the situation that it intended to regulate, in that it failed to take into consideration the economic impact that such a change would have on the productive sector concerned.














3.


Third plea in law, alleging failure to observe the principle of legitimate expectations.






—


According to the applicant State, the producers of live bivalve molluscs were entitled to expect that the Commission would not decide to replace mouse bioassay as the reference method for the detection of lipophilic toxins until the conditions set out in point 4 of Part B of Chapter III of Annex III to Regulation No 2074/2005, in its original wording, had been fulfilled.
Case F-76/08: Order of the Civil Service Tribunal of 4 April 2011 — Behmer v Parliament
Date: 2011-04-04
Institutions: Civil Service Tribunal
Subjects: administrator, indemnification, promotion








C_2012138EN.01003902.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/39






Order of the Civil Service Tribunal of 4 April 2011 — Behmer v Parliament
(Case F-76/08) (1)

(2012/C 138/92)
Language of the case: French
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 285, 8.11.2008, p. 56.
Case T-239/09 P: Order of the General Court of 4 April 2011 — Marcuccio v Commission (Appeal — Civil service — Officials — Refusal by an institution to open an inquiry — Pre-litigation procedure — Action for damages — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2011-04-04
Institutions: General Court
Subjects: European Commission, European civil service, General Court (EU), action by staff, appeal, disciplinary proceedings, duties of civil servants, occupational health, ordinance, respiratory disease








C_2011152EN.01001903.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/19





Order of the General Court of 4 April 2011 — Marcuccio v Commission
(Case T-239/09 P) (1)

(Appeal - Civil service - Officials - Refusal by an institution to open an inquiry - Pre-litigation procedure - Action for damages - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2011/C 152/35
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, laywer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 31 March 2009 in Case F-146/07 Marcuccio v Commission, not yet published in the ECR, seeking annulment of that order.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio shall bear his own costs and pay those incurred by the European Commission in the present proceedings.






(1)  OJ C 193, 15.8.2009.
Case F-35/11: Action brought on 4 April 2011 — ZZ v European Parliament
Date: 2011-04-04
Institutions: Civil Service Tribunal
Subjects: European Parliament, indemnification, rights of civil servants








C_2011211EN.01003301.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/33





Action brought on 4 April 2011 — ZZ v European Parliament
(Case F-35/11)
2011/C 211/67
Language of the case: Slovak

Parties


Applicant(s): ZZ (represented by: J. Rybánsky, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision of the defendant to grant the applicant only half of the installation allowance to which he should be entitled.

Form of order sought







—


Annul the decision of the European Parliament (Individual Entitlements Unit) of 28 May 2010 on the grant of the installation allowance to the applicant in so far as it fixes the installation allowance at only one month’s basic salary and does not grant an installation allowance of two months’ basic salary;










—


Annul the decision of the Secretary-General of the European Parliament of 6 January 2011 which rejects the complaint lodged by the applicant under Article 90(2) of the Staff Regulations of Officials of the European Union;










—


Order the Parliament to pay the costs.