do-me/EUR-LEX huggingface dataset:
Case C-393/11: Reference for a preliminary ruling from the Consiglio di Stato (Italy) on 25 July 2011 — Autorità per l’Energia Elettrica e il Gas v Antonella Bertazzi and Others
Date: 2011-07-25
Institutions: Court of Justice
Subjects: Italy, administrative competition, interpretation of the law, seniority








C_2011282EN.01001501.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/15





Reference for a preliminary ruling from the Consiglio di Stato (Italy) on 25 July 2011 — Autorità per l’Energia Elettrica e il Gas v Antonella Bertazzi and Others
(Case C-393/11)
2011/C 282/28
Langague of the case: Italian

Referring court

Consiglio di Stato (Italy).

Parties to the main proceedings


Applicant: Autorità per l’Energia Elettrica e il Gas.

Defendants: Antonella Bertazzi, Annalise Colombo, Maria Valeria Contin, Angela Filippina Marasco, Guido Giussani, Lucia Lizzi, Fortuna Peranio.

Questions referred







1.


Is Article 75(2) of Legislative Decree No112/08, which completely disregards length of service under fixed-term working contracts with independent administrative authorities in cases where the workers concerned are established exceptionally — in derogation from the principle in Article 36(5) of Legislative Decree No 165/01 — following ‘selection tests’ which are not comparable with public competitions on the basis of ordinary tests (seeking the optimal employment of successful candidates in the posts to be filled) but which are nevertheless capable of establishing, exceptionally, what should be regarded as a new working relationship valid ‘ex nunc’, compatible, in that it is justified on objective grounds, with clause 4, paragraphe 4, of the Annex to Directive 1999/70/CE, (according to which ‘period-of-service qualifications relating to particular conditions of employment shall be the same for fixed-term workers as for permanent workers except where different length-of service qualifications are justified on objective grounds’)?










2.


or is it contrary to Directive 1999/70/CE — thereby necessarily implying refusal to apply the above-mentioned national provision — not to take account not only of length of service but also of the career progression achieved at the date of establishment, in its entirety or in respect of the part exceeding either the length of service required for access to those selection tests, or any safeguard measures which the national legislature may be empowered to adopt for the purposes of protecting, within reasonable limits, the positions of successful competition candidates?
Council Decision 2011/473/CFSP of 25 July 2011 amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
Date: 2011-07-25
Institutions: Council of the European Union
Subjects: Afghanistan, EU police mission, Europol, operational expenditure








L_2011195EN.01007201.xml










27.7.2011   


EN


Official Journal of the European Union


L 195/72








            COUNCIL DECISION 2011/473/CFSP
of 25 July 2011
         
amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular Article 28 and Article 43(2) thereof,

Whereas:







(1)


On 30 May 2007 the Council adopted Joint Action 2007/369/CFSP (1) establishing the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN).












(2)


On 18 May 2010 the Council adopted Decision 2010/279/CFSP (2) that extended EUPOL AFGHANISTAN until 31 May 2013. Pursuant to Decision 2011/298/CSFP amending Decision 2010/279/CSFP (3), the financial reference amount of EUR 54 600 000 covers the period until 31 July 2011.












(3)


Article 13(2) of Decision 2010/279/CFSP provides that the financial reference amount for the subsequent periods shall be decided by the Council.












(4)


Decision 2010/279/CFSP should therefore be amended to include a financial reference amount for the period from 1 August 2011 to 31 July 2012,





HAS ADOPTED THIS DECISION:



Article 1
The following subparagraph is hereby added to Article 13(1) of Decision 2010/279/CFSP:
‘The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 August 2011 to 31 July 2012 shall be EUR 60 500 000.’.


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




Done at Brussels, 25 July 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  
            OJ L 139, 31.5.2007, p. 33.

(2)  
            OJ L 123, 19.5.2010, p. 4.

(3)  
            OJ L 136, 24.5.2011, p. 64.
Case C-391/11: Action brought on 25 July 2011 — European Commission v Kingdom of Belgium
Date: 2011-07-25
Institutions: Court of Justice
Subjects: Belgium, national implementing measure, vehicle, waste management








C_2011305EN.01000402.xml










15.10.2011   


EN


Official Journal of the European Union


C 305/4





Action brought on 25 July 2011 — European Commission v Kingdom of Belgium
(Case C-391/11)
2011/C 305/05
Language of the case: French

Parties


Applicant: European Commission (represented by: M. Patakia and A. Marghelis, Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


Declare that, by failing to adopt the legislative, regulatory and administrative measures necessary to transpose correctly the provisions of Article 2(1) and (3) and Article 5(1), (2) and (4) of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (1), the Kingdom of Belgium has failed to fulfil its obligations under that directive;










—


order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The time-limit for transposition of Directive 2000/53/EC expired on 21 April 2002. However, at the date on which the present action was brought, the defendant had not yet adopted the measures necessary to transpose the directive or, at least, had not informed the Commission of them.


(1)  OJ 2000 L 269, p. 34.
Case F-73/11: Action brought on 25 July 2011 — ZZ v Commission
Date: 2011-07-25
Institutions: Civil Service Tribunal
Subjects: EPSO, civil servant, competition (EU)








C_2011282EN.01005301.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/53





Action brought on 25 July 2011 — ZZ v Commission
(Case F-73/11)
2011/C 282/101
Language of the case: English

Parties


Applicant: ZZ (represented by: S. Rodrigues, C. Bernard-Glanz and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the decision not to admit the applicant to the assessment centre stage of the open competition EPSO/AD/181/10.

Form of order sought

The applicant claims that the European Union Civil Service Tribunal should:






—


Annul the decision of the European Personnel Selection Office (hereinafter, EPSO) of 20 August 2010 and 15 September 2010, informing him that he was not admitted to the assessment centre stage of the open competition EPSO/AD/181/10 (hereinafter, the contested decision);










—


together with, and so far as necessary, annul the EPSO decision of 15 April 2011, rejecting his complaint of 10 November 2010 against the aforementioned decision (hereinafter, the rejection decision);










—


consequently, order his reintegration into the selection process, if necessary by the implementation of a new round of tests;










—


order the Commission to pay the costs.
Case F-108/10: Order of the Civil Service Tribunal (Third Chamber) of 25 July 2011 — Filice and others v Court of Justice (Civil service — Annual adjustment of the remuneration and pensions of officials and other EU staff — No need to adjudicate)
Date: 2011-07-25
Institutions: Civil Service Tribunal
Subjects: European official, servant (EU), social-security benefit, wage determination








C_2012138EN.01003004.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/30






Order of the Civil Service Tribunal (Third Chamber) of 25 July 2011 — Filice and others v Court of Justice
(Case F-108/10) (1)

(Civil service - Annual adjustment of the remuneration and pensions of officials and other EU staff - No need to adjudicate)
(2012/C 138/67)
Language of the case: French

Parties


Applicants: Filice and Others (Luxembourg, Luxembourg) (represented by: B. Cortese, C. Cortese and F. Spitaleri, lawyers)

Defendant: Court of Justice of the European Union (represented by: A.V. Placco, agent)

Re:

Application to annul the defendant’s decisions, set out in the applicants’ salary slips, to limit the adjustment of their salaries, from July 2009, to an increase of 1,85 % within the framework of the annual adjustment of the remuneration and pensions of officials and other servants pursuant to Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Operative part of the order







1.


Declares that there is no need to adjudicate in F-108/10, Filice and Others v Court of Justice.










2.


Orders each party to bear its own costs.






(1)  OJ C 30, 29.1.2011, p. 65.
Council Decision adopting the Council position on the draft budget of the European Union for the financial year 2012
Date: 2011-07-25
Institutions: Council of the European Union
Subjects: draft budget, financial year, general budget








C_2011261EN.01000301.xml










3.9.2011   


EN


Official Journal of the European Union


C 261/3





COUNCIL DECISION
adopting the Council position on the draft budget of the European Union for the financial year 2012
2011/C 261/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic and Energy Community, and in particular Article 106a thereof,
Whereas:






(1)


On 26 May 2011, the Commission submitted a proposal containing the draft budget for the financial year 2012 (1).










(2)


The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (2), and on the expenditure side, with Part I of Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), which, in the absence of any multiannual financial framework established pursuant to Article 312 of the Treaty on the Functioning of the European Union, constitutes the currently applicable instrument of budgetary discipline,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on the draft general budget of the European Union for the financial year 2012 was adopted by the Council on 25 July 2011.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 25 July 2011.


For the Council


The President

M. DOWGIELEWICZ




(1)  COM(2011) 300.

(2)  OJ L 163, 23.6.2007, p. 17.

(3)  OJ C 139, 14.6.2006, p. 1.
2011/462/EU: Commission Implementing Decision of 25 July 2011 rejecting two applications for entry in the register of protected designations of origin and protected geographical indications provided for in Council Regulation (EC) No 510/2006 (Eilenburger Sachsenquelle (PDO)), (Eilenburger Sanusquelle (PDO)) (notified under document C(2011) 5251)
Date: 2011-07-25
Institutions: European Commission
Subjects: Germany, designation of origin, mineral water, product designation








L_2011194EN.01003401.xml










26.7.2011   


EN


Official Journal of the European Union


L 194/34








            COMMISSION IMPLEMENTING DECISION
         
of 25 July 2011
         
rejecting two applications for entry in the register of protected designations of origin and protected geographical indications provided for in Council Regulation (EC) No 510/2006 (Eilenburger Sachsenquelle (PDO)), (Eilenburger Sanusquelle (PDO))
(notified under document C(2011) 5251)
(Only the German text is authentic)
(2011/462/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the second subparagraph of Article 6(2) thereof,

Whereas:







(1)


On 5 November 1999, Germany notified to the Commission two applications for registration under Article 5 of Council Regulation (EEC) No 2081/92 (2) concerning the two names of mineral waters listed in the Annex. However, these names are not included in the list of natural mineral waters recognised by Member States (3) in accordance with Article 1 of Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (4). Consequently, as these names cannot be recognised in the internal market as marketable mineral waters, they should not be registered.












(2)


In the light of the above, the two applications for registration of the designations listed in the Annex to this Decision should be rejected.












(3)


The measures provided for in this Decision comply with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,





HAS ADOPTED THIS DECISION:



Article 1
The applications for registration of the designations listed in the Annex to this Decision are rejected.


Article 2
This Decision is addressed to the Federal Republic of Germany.




Done at Brussels, 25 July 2011.


For the Commission

Dacian CIOLOŞ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 208, 24.7.1992, p. 1.

(3)  
            OJ C 54, 7.3.2009, p. 7.

(4)  
            OJ L 164, 26.6.2009, p. 45.




ANNEX

Natural mineral waters and spring waters

GERMANY
Eilenburger Sachsenquelle
Eilenburger Sanusquelle
Case F-103/10: Order of the Civil Service Tribunal of 25 July 2011 — Jaeger v Eurofound
Date: 2011-07-25
Institutions: Civil Service Tribunal
Subjects: European civil service, pay, pension scheme








C_2012138EN.01003908.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/39






Order of the Civil Service Tribunal of 25 July 2011 — Jaeger v Eurofound
(Case F-103/10) (1)

(2012/C 138/98)
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 30, 29.1.2011, p. 64.