do-me/EUR-LEX huggingface dataset:
Case C-332/11: Reference for a preliminary ruling from the Hof van Cassatie van België (Belgium) lodged on 30 June 2011 — Prorail NV v Xpedys NV and Others
Date: 2011-06-30
Institutions: Court of Justice
Subjects: Belgium, interpretation of the law, judicial proceedings








C_2011269EN.01003101.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/31





Reference for a preliminary ruling from the Hof van Cassatie van België (Belgium) lodged on 30 June 2011 — Prorail NV v Xpedys NV and Others
(Case C-332/11)
2011/C 269/59
Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings

Appellant: Prorail NV
Respondents: 






 


Xpedys NV










 


FAG Kugelfischer GmbH










 


D B Schenker Rail Nederland NV










 


Nationale Maatschappij der Belgische Spoorwegen NV





Question referred

Must Articles 1 and 17 of Council Regulation (EC) No 1206/2001 (1) of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, in the light, inter alia, of European legislation concerning the recognition and enforcement of judgments in civil or commercial matters, and of the principle expressed in Article 33(1) (2) that a judgment given in a Member State is to be recognised in the other Member States without any special procedure being required, be interpreted as meaning that the court which orders an investigation by a judicial expert whose task is to be carried out partly in the territory of the Member State to which the court belongs, but partly also in another Member State, must, for the direct performance of the latter part of the task, make use only and therefore exclusively of the method created by Regulation No 1206/2001 as referred to in Article 17 thereof, or as meaning that the judicial expert assigned by that country may also be charged with an investigation which is to be partly carried out in another Member State of the European Union, outside the provisions of Regulation No 1206/2001?


(1)  OJ 2001 L 174, p. 1.

(2)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).
Case T-4/10: Order of the General Court of 30 June 2011 — Al Saadi v Commission (Death of the applicant — Proceedings not resumed by the successors — No need to adjudicate)
Date: 2011-06-30
Institutions: General Court
Subjects: Afghanistan, economic sanctions, international sanctions, ownership, rights of the defence, terrorism








C_2011282EN.01001901.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/19





Order of the General Court of 30 June 2011 — Al Saadi v Commission
(Case T-4/10) (1)

(Death of the applicant - Proceedings not resumed by the successors - No need to adjudicate)
2011/C 282/36
Language of the case: English

Parties


Applicant: Faraj Faraj Hassan Al Saadi (Leicester, United Kingdom) (represented by J. Jones, Barrister and M. Arani, Solicitor)

Defendant: European Commission (represented by M. Konstantinidis, T. Scharf and E. Paasivirta, Agents)

Interveners in support of the defendant: Council of the European Union (represented by R. Szostak and E. Finnegan, Agents); Italian Republic (represented initially by G. Palmieri, and subsequently by G. Albenzio, lawyers); and French Republic (represented by G. de Bergues, E. Belliard and L. Butel, Agents)

Re:

APPLICATION for the annulment in part of Commission Regulation (EC) No 954/2009 of 13 October 2009 amending for the 114th time Council Regulation (EC) No 881/2002 of 27 May 2002, imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, in so far as the applicant appears on the list of persons, groups and entities covered by those provisions (OJ 2009 L 269, p. 20).

Operative part of the order







1.


There is no need to adjudicate on this action.










2.


Each party shall bear its own costs.






(1)  OJ C 51, 27.2.2010.
Case T-403/09: Order of the General Court of 30 June 2011 — Tecnoprocess v Commission (Action for damages — Unjust enrichment — Application initiating proceedings — Formal requirements — Inadmissibility)
Date: 2011-06-30
Institutions: General Court
Subjects: Commission Delegation, Morocco, Nigeria, contract, fraud, indemnification








C_2011282EN.01001802.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/18





Order of the General Court of 30 June 2011 — Tecnoprocess v Commission
(Case T-403/09) (1)

(Action for damages - Unjust enrichment - Application initiating proceedings - Formal requirements - Inadmissibility)
2011/C 282/34
Language of the case: Italian

Parties


Applicant: Tecnoprocess Srl (Rome, Italy) (represented by: A. Majoli, lawyer)

Defendant: European Commission (represented by: A. Bordes and L. Prete, Agents)

Re:

Application, first, for a declaration that the European Commission and the delegations of the European Union to Morocco and Nigeria have been unjustly enriched and, second, for an order that the Commission pay the sum of EUR 114 069,94 and the interest due on that sum.

Operative part of the order







1.


The application is dismissed as inadmissible.










2.


Tecnoprocess Srl is ordered to pay the costs.






(1)  OJ C 297, 5.12.2009.
Case T-463/08: Judgment of the General Court of 30 June 2011 — Imagion v OHIM (DYNAMIC HD) (Community trade mark — Application for Community word mark DYNAMIC HD — Absolute grounds for refusal — Lack of distinctive character — Lack of distinctive character acquired through usage — Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))
Date: 2011-06-30
Institutions: General Court
Subjects: Germany, audiovisual industry, fine, infringement of EU law








C_2011238EN.01001501.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/15





Judgment of the General Court of 30 June 2011 — Imagion v OHIM (DYNAMIC HD)
(Case T-463/08) (1)

(Community trade mark - Application for Community word mark DYNAMIC HD - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through usage - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))
2011/C 238/21
Language of the case: German

Parties


Applicant: Imagion AG (Trierweiler, Germany) (represented by: H. Blatzheim, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 August 2008 (Case R 488/2008-4) concerning an application for registration of the word mark DYNAMIC HD as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Imagion AG to pay the costs.






(1)  OJ C 327, 20.12.2008
Case C-397/10: Judgment of the Court (Fifth Chamber) of 30 June 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation making the activities of temporary work agencies subject to a set of requirements — Unjustified obstacles)
Date: 2011-06-30
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, free movement of workers, freedom to provide services, legal status, type of business








C_2011252EN.01000601.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/6





Judgment of the Court (Fifth Chamber) of 30 June 2011 — European Commission v Kingdom of Belgium
(Case C-397/10) (1)

(Failure of a Member State to fulfil obligations - Article 56 TFEU - Freedom to provide services - National legislation making the activities of temporary work agencies subject to a set of requirements - Unjustified obstacles)
2011/C 252/08
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-P. Keppenne and I. Rogalski, acting as Agents)

Defendant: Kingdom of Belgium (represented by: M. Jacobs, acting as Agent)

Re:

Failure of a Member State to comply with its obligations — Infringement of Article 56 TFEU — Restriction on freedom to provide services — National legislation making the activities of temporary work agencies established in other Member States subject to a set of requirements — Unjustified obstacles

Operative part of the judgment

The Court:






1.


Declares that, by making the temporary work agencies providing their services in the territory of the Brussels Capital Region subject to the following requirements:






—


that they have as their sole business activity that of the provision of workers, and










—


that they have a particular legal form,
the Kingdom of Belgium has failed to fulfil its obligations under Article 56 TFEU;














2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 301, 6.11.2010.
Case T-367/09: Order of the General Court of 30 June 2011 — Tecnoprocess v Commission (Action for failure to act — Request to act — Manifest inadmissibility — Action for damages — Causal link — Action manifestly lacking any foundation in law)
Date: 2011-06-30
Institutions: General Court
Subjects: Commission Delegation, Nigeria, after-sales service, damages, development aid, electric machinery








C_2011282EN.01001801.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/18





Order of the General Court of 30 June 2011 — Tecnoprocess v Commission
(Case T-367/09) (1)

(Action for failure to act - Request to act - Manifest inadmissibility - Action for damages - Causal link - Action manifestly lacking any foundation in law)
2011/C 282/33
Language of the case: Italian

Parties


Applicant: Tecnoprocess Srl (Rome, Italy) (represented by: A. Majoli, lawyer)

Defendant: European Commission (represented by: L. Prete and A. Bordes, acting as Agents)

Re:

Action, first, for a declaration that the European Commission and the European Union delegation to Nigeria have failed to act and, secondly, for compensation for damage allegedly suffered as a result of that failure to act

Operative part of the order







1.


The action is dismissed in part as inadmissible and in part as manifestly lacking any foundation in law.










2.


Tecnoprocess Srl shall pay the costs.






(1)  OJ C 267, 7.11.2009.
Non-opposition to a notified concentration (Case COMP/M.6126 — Thermo Fisher/Dionex Corporation)  Text with EEA relevance
Date: 2011-06-30
Institutions: European Commission
Subjects: chemical industry, economic concentration, exchange of information, merger control, scientific apparatus








C_2011190EN.01000101.xml










30.6.2011   


EN


Official Journal of the European Union


C 190/1







Non-opposition to a notified concentration
(Case COMP/M.6126 — Thermo Fisher/Dionex Corporation)
(Text with EEA relevance)
(2011/C 190/01)

On 13 May 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6126. EUR-Lex is the on-line access to the European law.
Case T-264/09: Order of the General Court of 30 June 2011 — Tecnoprocess v Commission and EU Delegation to the Kingdom of Morocco (Action for failure to act — Invitation to act — Inadmissibility — Action for damages — Causal link — Loss — Action manifestly lacking any foundation in law)
Date: 2011-06-30
Institutions: General Court
Subjects: Morocco, action for failure to act, administrative contract, damages








C_2011282EN.01001701.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/17





Order of the General Court of 30 June 2011 — Tecnoprocess v Commission and EU Delegation to the Kingdom of Morocco
(Case T-264/09) (1)

(Action for failure to act - Invitation to act - Inadmissibility - Action for damages - Causal link - Loss - Action manifestly lacking any foundation in law)
2011/C 282/30
Language of the case: Italian

Parties


Applicant: Technoprocess Srl (Rome, Italy) (represented by: A. Majoli, lawyer)

Defendants: European Commission (represented by: A. Bordes and L. Prete, Agents); and EU Delegation to the Kingdom of Morocco

Re:

APPLICATION firstly, for a declaration that the European Commission and the EU Delegation to the Kingdom of Morocco have failed to act and secondly, for damages to compensate for the loss allegedly suffered as a result of, inter alia, that failure to act.

Operative part of the order







1.


The action is dismissed as in part inadmissible and in part manifestly without foundation in law.










2.


Technoprocess Srl is ordered to pay the costs.






(1)  OJ C 220, 12.9.2009.
Call for proposals — ESPON 2013 programme
Date: 2011-06-30
Institutions: European Commission
Subjects: EU programme, proposal (EU), scientific research








C_2011190EN.01003601.xml










30.6.2011   


EN


Official Journal of the European Union


C 190/36







Call for proposals — ESPON 2013 programme
(2011/C 190/08)

In the framework of the ESPON 2013 programme, call for proposals will open on 24 August 2011.
An Info Day and Partner Café for potential beneficiaries will take place on 13 September 2011 in Brussels.
Please visit http://www.espon.eu regularly for further information.
Case F-88/10: Order of the Civil Service Tribunal (First Chamber) of 30 June 2011 — Van Asbroek v European Commission (Civil service — Officials — Decision on classification in intermediate grade — Request for re-examination — Substantial new fact — None — Action manifestly inadmissible)
Date: 2011-06-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, civil servant, pay, personnel administration








C_2011232EN.01004202.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/42






Order of the Civil Service Tribunal (First Chamber) of 30 June 2011 — Van Asbroek v European Commission
(Case F-88/10) (1)

(Civil service - Officials - Decision on classification in intermediate grade - Request for re-examination - Substantial new fact - None - Action manifestly inadmissible)
(2011/C 232/76)
Language of the case: French

Parties


Applicant: Van Asbroek (Dilbeek, Belgium) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: initially by G. Berscheid and D. Martin, Agents, and subsequently by J. Currall and G. Berscheid, Agents)

Re:

Action for annulment of the decision rejecting the applicant's request for partial annulment of the Commission's decision of 22 October 2008 regarding the introduction of a compensatory allowance in favour of officials who changed category before 1 May 2004, for reclassification, with retroactive effect from 1 May 2004, in grade D*4/8 and for reconstruction of his career to reflect the promotions, annual adjustments and advancements in step to which it had been subject since then.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mr Van Asbroek shall bear all the costs.






(1)  OJ C 317, 20.11.2010, p. 50.
Euro exchange rates
Date: 2011-06-30
Institutions: European Commission
Subjects: euro, exchange rate








C_2011190EN.01001601.xml










30.6.2011   


EN


Official Journal of the European Union


C 190/16







Euro exchange rates (1)


            29 June 2011
         
(2011/C 190/03)


1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4425 




JPY


Japanese yen


116,93 




DKK


Danish krone


7,4592 




GBP


Pound sterling


0,89980 




SEK


Swedish krona


9,2047 




CHF


Swiss franc


1,2036 




ISK


Iceland króna


 




NOK


Norwegian krone


7,8055 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,342 




HUF


Hungarian forint


267,05 




LTL


Lithuanian litas


3,4528 




LVL


Latvian lats


0,7093 




PLN


Polish zloty


3,9987 




RON


Romanian leu


4,2105 




TRY


Turkish lira


2,3604 




AUD


Australian dollar


1,3585 




CAD


Canadian dollar


1,4037 




HKD


Hong Kong dollar


11,2265 




NZD


New Zealand dollar


1,7559 




SGD


Singapore dollar


1,7799 




KRW


South Korean won


1 553,32 




ZAR


South African rand


9,8846 




CNY


Chinese yuan renminbi


9,3235 




HRK


Croatian kuna


7,3833 




IDR


Indonesian rupiah


12 412,97 




MYR


Malaysian ringgit


4,3727 




PHP


Philippine peso


62,770 




RUB


Russian rouble


40,3780 




THB


Thai baht


44,429 




BRL


Brazilian real


2,2687 




MXN


Mexican peso


16,9954 




INR


Indian rupee


64,7210 






(1)  
            Source: reference exchange rate published by the ECB.
Case F-14/10: Order of the Civil Service Tribunal (Third Chamber) of 30 June 2011 — Marcuccio v European Commission (Civil Service — Officials — Social security — Accident — Procedure for recognition of permanent partial invalidity within the meaning of Article 73 of the Staff Regulations — Duration of the procedure — Action for damages — Action manifestly lacking any foundation in law — Article 94 of the Rules of Procedure)
Date: 2011-06-30
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), disability insurance, regulations for civil servants








C_2011252EN.01005203.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/52





Order of the Civil Service Tribunal (Third Chamber) of 30 June 2011 — Marcuccio v European Commission
(Case F-14/10) (1)

(Civil Service - Officials - Social security - Accident - Procedure for recognition of permanent partial invalidity within the meaning of Article 73 of the Staff Regulations - Duration of the procedure - Action for damages - Action manifestly lacking any foundation in law - Article 94 of the Rules of Procedure)
2011/C 252/113
Language of the case: French

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Application for an order that the defendant pay compensation for the damage suffered by the applicant as a result of the duration of the procedure for recognition of partial invalidity.

Operative part of the order







1.


The action of Mr Marcuccio is dismissed as manifestly lacking any foundation in law.










2.


Mr Marcuccio is ordered to bear the costs incurred by the European Commission in addition to his own costs.










3.


Mr Marcuccio is ordered to repay the Tribunal the sum of EUR 1 000 pursuant to Article 94 of the Rules of Procedure.






(1)  OJ C 134, 22.05.2010, p. 54.
Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 316, 28.12.2007, p. 1 ; OJ C 134, 31.5.2008, p. 16 ; OJ C 177, 12.7.2008, p. 9 ; OJ C 200, 6.8.2008, p. 10 ; OJ C 331, 31.12.2008, p. 13 ; OJ C 3, 8.1.2009, p. 10 ; OJ C 37, 14.2.2009, p. 10 ; OJ C 64, 19.3.2009, p. 20 ; OJ C 99, 30.4.2009, p. 7 ; OJ C 229, 23.9.2009, p. 28 ; OJ C 263, 5.11.2009, p. 22 ; OJ C 298, 8.12.2009, p. 17 ; OJ C 74, 24.3.2010, p. 13 ; OJ C 326, 3.12.2010, p. 17 ; OJ C 355, 29.12.2010, p. 34 ; OJ C 22, 22.1.2011, p. 22 ; OJ C 37, 5.2.2011, p. 12 ; OJ C 149, 20.5.2011, p. 8 )
Date: 2011-06-30
Institutions: European Commission
Subjects: Schengen Agreement, Spain, border control, external border of the EU, foreign national








C_2011190EN.01001701.xml










30.6.2011   


EN


Official Journal of the European Union


C 190/17







Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 316, 28.12.2007, p. 1; OJ C 134, 31.5.2008, p. 16; OJ C 177, 12.7.2008, p. 9; OJ C 200, 6.8.2008, p. 10; OJ C 331, 31.12.2008, p. 13; OJ C 3, 8.1.2009, p. 10; OJ C 37, 14.2.2009, p. 10; OJ C 64, 19.3.2009, p. 20; OJ C 99, 30.4.2009, p. 7; OJ C 229, 23.9.2009, p. 28; OJ C 263, 5.11.2009, p. 22; OJ C 298, 8.12.2009, p. 17; OJ C 74, 24.3.2010, p. 13; OJ C 326, 3.12.2010, p. 17; OJ C 355, 29.12.2010, p. 34; OJ C 22, 22.1.2011, p. 22; OJ C 37, 5.2.2011, p. 12; OJ C 149, 20.5.2011, p. 8)
(2011/C 190/04)

The publication of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.
In addition to the publication in the Official Journal, a regular update is available on the website of the Directorate-General for Home Affairs.
SPAIN

Amendment of the information published in OJ C 316, 28.12.2007 and OJ C 74, 24.3.2010



Air borders

New border crossing point: Castellón