do-me/EUR-LEX huggingface dataset:
Case F-113/07: Judgment of the Civil Service Tribunal (Second Chamber) of 14 April 2011 — Irmantas Šimonis v Commission (Staff case — Officials — Inter-institutional transfer — Lawyer-linguist — Substitution of grounds — Requirement of a minimum length of service)
Date: 2011-04-14
Institutions: Civil Service Tribunal
Subjects: European official, appointment of staff, professional career








C_2011252EN.01004703.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/47





Judgment of the Civil Service Tribunal (Second Chamber) of 14 April 2011 — Irmantas Šimonis v Commission
(Case F-113/07) (1)

(Staff case - Officials - Inter-institutional transfer - Lawyer-linguist - Substitution of grounds - Requirement of a minimum length of service)
2011/C 252/100
Language of the case: Lithuanian

Parties


Applicant: Irmantas Šimonis (Luxembourg, Luxembourg) (represented by: V. Vilkas, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and K. Hermann, acting as Agents)

Intervener in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas and E. Matulionytė, acting as Agents)

Re:

Annulment of the Commission’s decision whereby, during the selection procedure for filling a post forming the subject-matter of vacancy notice no COM/2007/142, it declined to request the transfer of the applicant to the Commission and removed him from the selection procedure.

Operative part of the judgment

The Tribunal:






1.


Sets aside the decision whereby the European Commission removed Mr Šimonis from the selection procedure under vacancy notice COM/2007/142 by declining to request his transfer from the Court of Justice of the European Union;










2.


Orders the European Commission to bear its own costs and pay those of the applicant;










3.


Orders the Republic of Lithuania to bear its own costs..






(1)  OJ C 79, 29.3.2008, p. 36.
Notice of the impending expiry of certain countervailing measures
Date: 2011-04-14
Institutions: European Commission
Subjects: India, anti-dumping legislation, countervailing charge, originating product, plastics








C_2011116EN.01001001.xml










14.4.2011   


EN


Official Journal of the European Union


C 116/10





Notice of the impending expiry of certain countervailing measures
2011/C 116/05
1.   As provided for in Article 18(4) of Council Regulation (EC) No 597/2009 of 11 June 2009 (1) on protection against subsidised imports from countries not members of the European Community, the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the countervailing measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of subsidisation and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 18(4) of Regulation (EC) No 597/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Polyethyleneterephthalate (PET)


India


Countervailing duty


Council Regulation (EC) No 193/2007 (OJ L 59, 27.2.2007, p. 34)


28.2.2012






(1)  OJ L 188, 18.7.2009, p. 93.

(2)  Fax +32 22956505.
Euro exchange rates
Date: 2011-04-14
Institutions: European Commission
Subjects: euro, exchange rate








C_2011116EN.01000301.xml










14.4.2011   


EN


Official Journal of the European Union


C 116/3





Euro exchange rates (1)

13 April 2011
2011/C 116/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4493




JPY


Japanese yen


121,84




DKK


Danish krone


7,4584




GBP


Pound sterling


0,88980




SEK


Swedish krona


9,0300




CHF


Swiss franc


1,2995




ISK


Iceland króna


 




NOK


Norwegian krone


7,8620




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,390




HUF


Hungarian forint


266,17




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7091




PLN


Polish zloty


3,9584




RON


Romanian leu


4,1110




TRY


Turkish lira


2,1921




AUD


Australian dollar


1,3814




CAD


Canadian dollar


1,3938




HKD


Hong Kong dollar


11,2693




NZD


New Zealand dollar


1,8360




SGD


Singapore dollar


1,8197




KRW


South Korean won


1 573,87




ZAR


South African rand


9,7978




CNY


Chinese yuan renminbi


9,4687




HRK


Croatian kuna


7,3671




IDR


Indonesian rupiah


12 546,36




MYR


Malaysian ringgit


4,3812




PHP


Philippine peso


62,654




RUB


Russian rouble


40,7905




THB


Thai baht


43,696




BRL


Brazilian real


2,2999




MXN


Mexican peso


17,1016




INR


Indian rupee


64,5010






(1)  Source: reference exchange rate published by the ECB.
Case C-331/09: Judgment of the Court (First Chamber) of 14 April 2011 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — State aid — Aid granted by the Republic of Poland to Technologie Buczek Group — Commission decision declaring that aid to be incompatible with the common market and ordering its recovery — Failure to implement within the prescribed period)
Date: 2011-04-14
Institutions: Court of Justice
Subjects: European Commission, State aid, action for failure to fulfil an obligation, control of State aid, industrial restructuring, regions of Poland








C_2011179EN.01000402.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/4





Judgment of the Court (First Chamber) of 14 April 2011 — European Commission v Republic of Poland
(Case C-331/09) (1)

(Failure of a Member State to fulfil obligations - State aid - Aid granted by the Republic of Poland to Technologie Buczek Group - Commission decision declaring that aid to be incompatible with the common market and ordering its recovery - Failure to implement within the prescribed period)
2011/C 179/05
Language of the case: Polish

Parties


Applicant: European Commission (represented by: K. Gross and A. Stobiecka-Kuik, acting as Agents)

Defendant: Republic of Poland (represented by: M. Krasnodębska-Tomkiel, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or notify, within the period prescribed, the provisions necessary to ensure compliance with the Commission Decision of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for the steel producer Technologie Buczek Group (State aid C(2007) 5087) (OJ 2008 L 116, p. 26) — No immediate and effective implementation of that decision — Implementation not absolutely impossible

Operative part of the judgment

The Court:






1.


Declares that, by failing to take, within the period prescribed, all the measures necessary to implement Commission Decision 2008/344/EC of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group, the Republic of Poland has failed to comply with the provisions of the fourth subparagraph of Article 249 EC and Articles 3 and 4 of that decision;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 312, 19.12.2009.
Case F-45/11: Action brought on 14 April 2011 — ZZ v EIB
Date: 2011-04-14
Institutions: Civil Service Tribunal
Subjects: European Investment Bank, European official, promotion








C_2011186EN.01003501.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/35





Action brought on 14 April 2011 — ZZ v EIB
(Case F-45/11)
2011/C 186/66
Language of the case: Italian

Parties


Applicant: ZZ (represented by: L. Isola, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the applicant’s staff report for the year 2009, in so far as it does not award him the mark A or B+ and in so far as it does not propose that he be promoted to Function D.

Form of order sought







—


Annul the measure, a copy of which was sent on 24 September 2010, in so far as the Appeals Committee, pursuant to Article 22 of the Staff Regulations and to its letter of 18 March 2010, rejected the applicant’s appeal against the staff report for 2009 on 22 September 2010;










—


annul the staff report for 2009, in so far as it relates to assessment, does not give the applicant the overall mark A or B+ and in so far as it does not propose that he be promoted to Function D;










—


annul all related, consequent and prior measures, including both the guidelines laid down by the HR Directorate for summarising the appraisal by using one of the first letters of the alphabet and the promotions decided upon on 25 March 2010, given that, in the light of the view expressed by the applicant’s superiors that is challenged in the present action, the EIB failed to take him into consideration for the purpose of the heading ‘Promotions from Function E to D’;










—


annul the letters of 17 and 30 November 2010, in which the President of the EIB, in the course of the conciliation procedure under Article 41 of the Staff Regulations, refused to allow the applicant to represent himself, and the letter of 20 January 2011, in which the HR Director-General refused to reimburse the costs incurred by the professional who represented him;










—


order the EIB to pay compensation for material and non-material damage, to reimburse the lawyer’s fee paid to Gabriele Isola, and to pay the costs of the proceedings together with interest and monetary revaluation of the sums awarded.
Case T-70/09: Judgment of the General Court of 14 April 2011 — Netherlands v Commission (ERDF — Single programming document for the Groningen-Drenthe region — Decision on the reduction of the aid and ordering partial reimbursement of the amounts paid — Obligation to state reasons — Article 23(1) and Article 24(1) and (2) of Regulation (EEC) No 4253/88)
Date: 2011-04-14
Institutions: General Court
Subjects: EU programme, European Commission, action for failure to fulfil an obligation, case-law, infringement of EU law, public contract, regions of the Netherlands








C_2011160EN.01001701.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/17





Judgment of the General Court of 14 April 2011 — Netherlands v Commission
(Case T-70/09) (1)

(ERDF - Single programming document for the Groningen-Drenthe region - Decision on the reduction of the aid and ordering partial reimbursement of the amounts paid - Obligation to state reasons - Article 23(1) and Article 24(1) and (2) of Regulation (EEC) No 4253/88)
2011/C 160/22
Language of the case: Dutch

Parties


Applicant: Kingdom of the Netherlands (represented by: C. Wissels and M. Noort, acting as Agents)

Defendant: European Commission (represented by: W. Roels and A. Steiblyte, acting as Agents)

Re:

Action for annulment in part of Commission Decision C(2008) 8355 of 11 December 2008 on the reduction of the aid from the European Regional Development Fund (ERDF) within the framework of the single programming document no 97.07.13.003 coming under objective 2 for the Groningen-Drenthe region, granted in accordance with Commission Decision 97/711/EC of 26 May 1997.

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders the Kingdom of the Netherlands to pay the costs.






(1)  OJ C 90, 18.04.2009.
Prior notification of a concentration (Case COMP/M.6151 — PetroChina/Ineos/JV)  Text with EEA relevance
Date: 2011-04-14
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, oil industry, petrochemicals








C_2011116EN.01001101.xml










14.4.2011   


EN


Official Journal of the European Union


C 116/11





Prior notification of a concentration
(Case COMP/M.6151 — PetroChina/Ineos/JV)
(Text with EEA relevance)
2011/C 116/06






1.


On 5 April 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which PetroChina International (London) Company Limited (‘PCIL’, UK), wholly owned by PetroChina Company Limited (‘PetroChina’, China), in turn controlled by China National Petroleum Corporation (‘CNPC’, China), and Ineos AG (‘Ineos’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the existing Ineos refining business, namely, the two refineries in Grangemouth (Scotland) and Lavera (France) and associated assets (collectively, ‘the Target’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for PetroChina: production and distribution of petroleum and petrochemical products,










—


for Ineos: manufacture of petrochemicals, specialty chemicals and oil products at global level,










—


for the Target: production and wholesale supply of products resulting from the refining of crude oil at oil refineries.














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.6151 — PetroChina/Ineos/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-343/10: Judgment of the Court (Eighth Chamber) of 14 April 2011 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Pollution and nuisances — Treatment of urban waste water — Articles 3 and 4)
Date: 2011-04-14
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, pollution control measures, urban area, wastewater, water treatment








C_2011179EN.01000601.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/6





Judgment of the Court (Eighth Chamber) of 14 April 2011 — European Commission v Kingdom of Spain
(Case C-343/10) (1)

(Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisances - Treatment of urban waste water - Articles 3 and 4)
2011/C 179/08
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: S. Pardo Quintillán, acting as Agent)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, p. 40)

Operative part of the judgment

The Court:






1.


Declares that, by failing to ensure that:






—


urban waste water from the agglomerations with a population equivalent of more than 15 000 of Valle de Güimar, Noreste (Valle Guerra), Valle de la Orotava, Arenys de Mar, Alcossebre and Cariño is collected in conformity with Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, and










—


urban waste water from the agglomerations with a population equivalent of more than 15 000 of Arroyo de la Miel, Arroyo de la Víbora, Estepota (San Pedro de Alcántara), Alhaurín el Grande, Coín, Barbate, Chipiona, Isla Cristina, Matalascañas, Nerja, Tarifa, Torrox Costa, Vejer de la Frontera, Gijón-Este, Llanes, Valles de Güimar, Noreste (Valle Guerra), Los Llanos de Aridane, Arenys de Mar, Pineda de Mar, Ceuta, Alcossebre, Benicarló, Elx (Arenales), Peñíscola, Teulada Moraira (Rada Moraira), Vinaròs, A Coruña, Cariño, Tui, Vigo, Aguiño-Carreira-Ribeira, Baiona, Noia, Santiago, Viveiro and Irán (Hondarribia) is treated in conformity with Article 4(1), (3) and, where applicable (4), of Directive 91/271,




the Kingdom of Spain has failed to fulfil its obligations under the cited provisions of Directive 91/271/EEC.










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 234, 28.8.2010.
2011/245/EU: Council Decision of 14 April 2011 appointing one Spanish member of the Committee of the Regions
Date: 2011-04-14
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of staff








L_2011103EN.01011301.xml










19.4.2011   


EN


Official Journal of the European Union


L 103/113








            COUNCIL DECISION
         
of 14 April 2011
         
appointing one Spanish member of the Committee of the Regions
(2011/245/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


One member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr José MONTILLA AGUILERA,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2015:






—


Mr Artur MAS GAVARRÓ, Presidente de la Generalitat de Catalunya,






Article 2
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 14 April 2011.


For the Council


The President


               FAZEKAS S.





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-522/09: Judgment of the Court (Fourth Chamber) of 14 April 2011 — European Commission v Romania (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection areas — Areas designated insufficient in number and size — Irregularity of the pre-litigation procedure — Inadmissibility of the action)
Date: 2011-04-14
Institutions: Court of Justice
Subjects: EU environmental policy, action for failure to fulfil an obligation, bird, protected area, protection of animal life, regions of Romania, wildlife








C_2011179EN.01000501.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/5





Judgment of the Court (Fourth Chamber) of 14 April 2011 — European Commission v Romania
(Case C-522/09) (1)

(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Special protection areas - Areas designated insufficient in number and size - Irregularity of the pre-litigation procedure - Inadmissibility of the action)
2011/C 179/06
Language of the case: Romanian

Parties


Applicant: European Commission (represented by: D. Recchia and L. Bouyon, acting as Agents)

Defendant: Romania (represented by: A. Popescu, L.-E. Batagoi, M.-L. Colonescu, A.-R. Arșinel and J.S. Smaranda)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(1) and (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Classification as special protection areas of areas insufficient in number and size, failing in part to have regard to the sites identified in the IBA Inventory — Alteration without scientific basis

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 51, 27.2.2010.
Case F-46/11: Action brought on 14 April 2011 — ZZ v Commission
Date: 2011-04-14
Institutions: Civil Service Tribunal
Subjects: European official, indemnification, rights of civil servants








C_2011186EN.01003502.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/35





Action brought on 14 April 2011 — ZZ v Commission
(Case F-46/11)
2011/C 186/67
Language of the case: French

Parties


Applicant: ZZ (Brussels, Belgium) (represented by: E. Boigelot and S. Woog, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to close the file on the applicant’s request for assistance.

Form of order sought







—


Annul the decision of the Secretary-General of the Commission of 7 June 2010 closing the file on the applicant’s request for assistance of 5 December 2007;










—


Order the Commission to pay compensation of EUR 10 000, subject to increase in the course of proceedings, for the non-material damage suffered by the applicant, and to reimburse the costs incurred in the pre-litigation procedure;










—


Order the Commission to pay the costs.