do-me/EUR-LEX huggingface dataset:
Notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP and in Council Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran apply
Date: 2011-04-14
Institutions: Council of the European Union
Subjects: Iran, administrative sanction, economic sanctions, international sanctions, legal person, natural person, terrorism








C_2011116EN.01000101.xml










14.4.2011   


EN


Official Journal of the European Union


C 116/1





Notice for the attention of the persons to which measures provided for in Council Decision 2011/235/CFSP and in Council Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran apply
2011/C 116/01
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/235/CFSP (1) and in Annex I to Council Regulation (EU) No 359/2011 (2) concerning restrictive measures directed against certain persons and entities in view of the situation in Iran.
The Council of the European Union has decided that the persons that appear in the abovementioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2011/235/CFSP and in Council Regulation (EU) No 359/2011.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Council Regulation (EU) No 359/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




TEFS Coordination




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 100, 14.4.2011, p. 51.

(2)  OJ L 100, 14.4.2011, p. 1.
Case F-82/08: Judgment of the Civil Service Tribunal (Second Chamber) of 14 April 2011 — Clarke and Others v OHIM (Staff case — Temporary staff — Article 8 CEOS — Clause terminating a contract if the agent is not included on the reserve list of a competition — OHIM/AD/02/07 and OHIM/AST/02/07 open competitions — Act adversely affecting an official — Principle of performance of contracts in good faith — Duty of care — Principle of sound administration — Language requirements — EPSO not competent — Directive 1999/70/EC — Fixed-term work)
Date: 2011-04-14
Institutions: Civil Service Tribunal
Subjects: competition (EU), contract terms, damages, rights of civil servants








C_2011252EN.01004901.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/49





Judgment of the Civil Service Tribunal (Second Chamber) of 14 April 2011 — Clarke and Others v OHIM
(Case F-82/08) (1)

(Staff case - Temporary staff - Article 8 CEOS - Clause terminating a contract if the agent is not included on the reserve list of a competition - OHIM/AD/02/07 and OHIM/AST/02/07 open competitions - Act adversely affecting an official - Principle of performance of contracts in good faith - Duty of care - Principle of sound administration - Language requirements - EPSO not competent - Directive 1999/70/EC - Fixed-term work)
2011/C 252/103
Language of the case: German

Parties


Applicants: Nicola Clarke and Others (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)

Re:

Application for, first, a declaration of the invalidity of the clauses in the applicants’ contracts which make provision for automatic termination of their contracts in the event that they are not included on the reserve list drawn up following the first open competition for their function group and, second, for a declaration that the open competitions OHIM/AD/02/07 and OHIM/AST/02/07 have no effect on the contracts of the applicants or for the annulment of those competitions. Further, application for damages for non-material damage caused to the applicants.

Operative part of the judgment

The Tribunal:






1.


annuls the decision of the Director of the Human Resources Department of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 December 2007, and the OHIM decision of 7 March 2008, in so far as the latter decision rejected the respective applications by Mmes Clarke, Papathanasiou and Periañez-González that the termination clause in their temporary staff contracts not be applied in relation to the OHIM/AD/02/07 and OHIM/AST/02/07 competitions;










2.


orders OHIM to pay to each of the applicants the sum of EUR 2 000 in damages;










3.


dismisses the action as to the remainder;










4.


orders OHIM to bear its own costs and to pay those of the applicants.






(1)  OJ C 19, 24.1.2009, p. 38.
Notice for the attention of the persons and entities to which measures provided for in Council Decision 2011/137/CFSP and in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
Date: 2011-04-14
Institutions: Council of the European Union
Subjects: Libya, administrative sanction, economic sanctions, international sanctions, legal person, natural person, terrorism








C_2011116EN.01000201.xml










14.4.2011   


EN


Official Journal of the European Union


C 116/2





Notice for the attention of the persons and entities to which measures provided for in Council Decision 2011/137/CFSP and in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
2011/C 116/02
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in Annexes II and IV to Council Implementing Decision 2011/236/CFSP (1), implementing Council Decision 2011/137/CFSP, and in Annex II to Council Implementing Regulation (EU) No 360/2011 (2), implementing Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.
The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2011/137/CFSP and in Council Regulation (EU) No 204/2011.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IV to Regulation (EU) No 204/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 100, 14.4.2011, p. 58.

(2)  OJ L 100, 14.4.2011, p. 12.
Case T-433/09: Judgment of the General Court of 14 April 2011 — TTNB v OHIM — March Juan (Tila March) (Community trade mark — Opposition proceedings — Application for Community word mark Tila March — Earlier national figurative mark CARMEN MARCH — Relative ground of refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-04-14
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, textile industry, trade-mark law








C_2011160EN.01002101.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/21





Judgment of the General Court of 14 April 2011 — TTNB v OHIM — March Juan (Tila March)
(Case T-433/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Tila March - Earlier national figurative mark CARMEN MARCH - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 160/31
Language of the case: French

Parties


Applicant: TTNB (Paris, France) (represented initially by J.-M. Moiroux, then J.-M. Moiroux and C. Beudard, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Carmen March Juan (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 August 2009 (Case R 1538/2008-2), relating to opposition proceedings between Carmen March Juan and TTNB.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders TTNB to pay the costs.






(1)  OJ C 312, 19.12.2009.
Corrigendum to Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe ( OJ L 42, 16.2.2011 )
Date: 2011-04-14
Institutions: Council of the European Union
Subjects: Zimbabwe, economic sanctions, freedom of movement, international sanctions, market approval, military equipment, natural person, technical cooperation




L_2011100EN.01007401.xml










14.4.2011   


EN


Official Journal of the European Union


L 100/74







Corrigendum to Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe
(
Official Journal of the European Union L 42 of 16 February 2011
)

On page 6, Article 3(1):
for:


‘Article 3

1.   Article 2 shall not apply to:






(a)


the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution-building programmes of the UN and the EU, or of materiel intended for EU and UN crisis management operations;










(b)


the provision of financing and financial assistance related to such equipment;










(c)


the provision of technical assistance related to such equipment, on condition that any export thereof has been approved in advance by the relevant competent authority.’,







read:


‘Article 3

1.   Article 2 shall not apply to:






(a)


the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution-building programmes of the UN and the EU, or of materiel intended for EU and UN crisis management operations;










(b)


the provision of financing and financial assistance related to such equipment;










(c)


the provision of technical assistance related to such equipment,




on condition that any export thereof has been approved in advance by the relevant competent authority.’.
Case C-176/11: Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 14 April 2011 — HIT hoteli, igralnice, turizem d.d. Nova Gorica and HIT LARIX, prirejanje posebnih iger na sreco in turizem d.d. v Bundesminister für Finanzen
Date: 2011-04-14
Institutions: Court of Justice
Subjects: Austria, EU Member State, advertising, foreign national, freedom to provide services, game of chance








C_2011226EN.01001002.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/10





Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 14 April 2011 — HIT hoteli, igralnice, turizem d.d. Nova Gorica and HIT LARIX, prirejanje posebnih iger na sreco in turizem d.d. v Bundesminister für Finanzen
(Case C-176/11)
2011/C 226/18
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicants: HIT hoteli, igralnice, turizem d.d. Nova Gorica and HIT LARIX, prirejanje posebnih iger na sreco in turizem d.d.

Defendant: Bundesminister für Finanzen

Question referred

Is a rule of national law which permits the domestic advertising of casinos located outside the national territory only where the legal protection for gamblers in those foreign locations corresponds to the protection under domestic law compatible with the freedom to provide services?
Case C-609/10 P: Order of the Court of 14 April 2011 — Dieter C. Umbach v European Commission (Appeal — Access to the documents of the Institutions — ‘TACIS programme’ — Contract concluded by the Commission — Termination of the contract — Dispute between the contracting parties — Application for access to documents — Manifest inadmissibility)
Date: 2011-04-14
Institutions: Court of Justice
Subjects: access to information, action for annulment (EU), administrative contract, documentation








C_2011211EN.01000901.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/9





Order of the Court of 14 April 2011 — Dieter C. Umbach v European Commission
(Case C-609/10 P) (1)

(Appeal - Access to the documents of the Institutions - ‘TACIS programme’ - Contract concluded by the Commission - Termination of the contract - Dispute between the contracting parties - Application for access to documents - Manifest inadmissibility)
2011/C 211/15
Language of the case: German

Parties


Appellant: Dieter C. Umbach (represented by: M. Stephani, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: P. Costa de Oliveira and T. Scharf, Agents)

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 21 October 2010 in Case T-474/08 Umbach v Commission, by which the General Court dismissed an action for the annulment of the Commission Decision of 2 September 2008 refusing the appellant access to certain information included in documents relating to a contract concluded between the appellant and the Commission and concerning assistance with the drafting of an administrative code on behalf of the Russian Federation in the context of the TACIS programme — Application for access concerning the dispute between the appellant and the Commission following the termination of that contract — Infringement of Article 41(2)(b) of the Charter of Fundamental Rights of the European Union

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Umbach shall pay the costs.






(1)  OJ C 89, 19.3.2011.
Case C-327/09: Judgment of the Court (Third Chamber) of 14 April 2011 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Mensch und Natur AG v Freistaat Bayern (Fourth paragraph of Article 249 EC — Measures adopted by the institutions — Commission decision addressed to a particular person — Regulation (EC) No 258/97 — Novel food or novel food ingredient — Decision 2000/196/EC — ‘Stevia rebaudiana Bertoni: plants and dried leaves’ — Refusal to authorise placing on the market — Effects in relation to a person other than the addressee)
Date: 2011-04-14
Institutions: Court of Justice
Subjects: dried product, food inspection, human nutrition, interpretation of the law, market approval, marketing








C_2011179EN.01000401.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/4





Judgment of the Court (Third Chamber) of 14 April 2011 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Mensch und Natur AG v Freistaat Bayern
(Case C-327/09) (1)

(Fourth paragraph of Article 249 EC - Measures adopted by the institutions - Commission decision addressed to a particular person - Regulation (EC) No 258/97 - Novel food or novel food ingredient - Decision 2000/196/EC - ‘Stevia rebaudiana Bertoni: plants and dried leaves’ - Refusal to authorise placing on the market - Effects in relation to a person other than the addressee)
2011/C 179/04
Language of the case: German

Referring court

Bayerischer Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Mensch und Natur AG

Defendant: Freistaat Bayern

Re:

Reference for a preliminary ruling — Bayerischer Verwaltungsgerichtshof — Interpretation of the fourth paragraph of Article 249 EC and of Commission Decision 2000/196/EC of 22 February 2000 refusing the placing on the market of ‘Stevia rebaudiana Bertoni: plants and dried leaves’ as a novel food or novel food ingredient in accordance with European Parliament and Council Regulation (EC) No 258/97 (OJ 2000 L 61, p. 14) — Commission decision addressed to a particular person — Effect in relation to a person other than the addressee

Operative part of the judgment

A Commission decision taken on the basis of Article 7 of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients and refusing authorisation to place on the market of the European Union a food or food ingredient is not binding on any persons other than the person or persons whom that decision specifies as its addressees. By contrast, the competent authorities of a Member State must establish whether a product marketed in the territory of that Member State, the characteristics of which appear to match those of the product which was the subject-matter of that Commission decision, is a novel food or novel food ingredient within the meaning of Article 1(2) of that regulation and, where necessary, they must require the person concerned to comply with the provisions of that regulation.


(1)  OJ C 282, 21.11.2009.
Case C-178/11: Action brought on 14 April 2011 — European Commission v Republic of Malta
Date: 2011-04-14
Institutions: Court of Justice
Subjects: Malta, dissemination of information, infringement of EU law, noise protection








C_2011179EN.01001202.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/12





Action brought on 14 April 2011 — European Commission v Republic of Malta
(Case C-178/11)
2011/C 179/23
Language of the case: English

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro, K. Mifsud-Bonnici, Agents)

Defendant: Republic of Malta

The applicant claims that the Court should:







—


Declare that, by failing to establish strategic noise maps in respect of the major roads and agglomeration identified by Malta in its report under the second subparagraph of Article 7(1) of Directive 2002/49/EC (1), to make them available and disseminate them to the public, and to send the information from these strategic noise maps to the Commission, Malta has failed to fulfil its obligations under the first subparagraph of Article 7(1), Article 9(1) and Article 10(2) of Directive 2002/49/EC of the European Parliament and of the Council of 25 June relating to the assessment and management of environmental noise; and










—


order Republic of Malta to pay the costs.





Pleas in law and main arguments

According to the report that Malta submitted in 2006 pursuant to the second subparagraph of article 7(1) of the directive, 1 agglomeration as well as 43 major roads within Malta's territory fall within the scope of the directive. It follows that strategic noise maps for this agglomeration as well as for the major roads in question should have been established by 30 June 2007 and should have been made available and disseminated to the public. Additionally, information from these strategic noise maps and summaries of the local action plans should have been sent to the Commission by 30 December 2007.
It is apparent that to date, due to internal obstacles relating to national tendering procedures, Malta has failed to fulfil its obligations to make strategic noise maps for the agglomeration and the major roads in question, to make available and disseminate the strategic noise maps to the public and to communicate the relevant information to the Commission.


(1)  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise — Declaration by the Commission in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise
OJ L 189, p. 12