do-me/EUR-LEX huggingface dataset:
Case F-117/10: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Van Soest v Commission (Civil Service — Recruitment — Competition — Conditions for admission — Required qualification — Concept of a diploma attesting to a level of secondary education and giving access to post-secondary education — Decisions of the selection board for a competition — Nature of the review exercised by the appointing authority)
Date: 2011-09-20
Institutions: Civil Service Tribunal
Subjects: appointment of staff, competition (EU), diploma, higher education, public contract








C_2011340EN.01003703.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/37





Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Van Soest v Commission
(Case F-117/10) (1)

(Civil Service - Recruitment - Competition - Conditions for admission - Required qualification - Concept of a diploma attesting to a level of secondary education and giving access to post-secondary education - Decisions of the selection board for a competition - Nature of the review exercised by the appointing authority)
2011/C 340/75
Language of the case: French

Parties


Applicant: Barry Van Soest (Etterbeek, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Application for annulment of the Commission’s decision which terminated the recruitment procedure for the applicant, who had passed a competition and been included on the reserve list, because he did not hold a diploma of secondary education giving access to post-secondary education.

Operative part of the judgment

The Tribunal:






1.


Dismisses the application;










2.


Orders the European Commission to bear its own costs and to pay those incurred by Mr Van Soest.






(1)  OJ C 30, 29.01.11, p. 66.
Case T-1/09: Judgment of the General Court of 20 September 2011 — Dornbracht v OHIM — Metaform Lucchese (META) (Community trade mark — Opposition procedure — Application for the Community word mark META — Earlier Community figurative mark METAFORM — Relative grounds for refusal — Similarity of the goods and the signs — Refusal of registration — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Likelihood of confusion)
Date: 2011-09-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011319EN.01001403.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/14





Judgment of the General Court of 20 September 2011 — Dornbracht v OHIM — Metaform Lucchese (META)
(Case T-1/09) (1)

(Community trade mark - Opposition procedure - Application for the Community word mark META - Earlier Community figurative mark METAFORM - Relative grounds for refusal - Similarity of the goods and the signs - Refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Likelihood of confusion)
2011/C 319/27
Language of the case: German

Parties


Applicant: Aloys F. Dornbracht GmbH & Co KG (Iserlohn, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt and M. Bergermann, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Metaform Lucchese SpA (Pescaglia, Italy) (represented by: P. Pozzi and A. Perani, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2008 (Case R 1152/2006-4) concerning opposition proceedings between Metaform Lucchese SpA and Aloys F. Dornbracht GmbH & Co KG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Dornbracht GmbH & Co. KG to pay the costs of the present proceedings.






(1)  OJ C 69, 21.3.2009.
Case T-99/10: Judgment of the General Court of 20 September 2011 — Meica v OHIM — TofuTown.com (TOFUKING) (Community trade mark — Opposition procedure — Application for the Community trade mark TOFUKING — Earlier national word mark King — Earlier national and Community word marks Curry King — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-09-20
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2011319EN.01001703.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/17





Judgment of the General Court of 20 September 2011 — Meica v OHIM — TofuTown.com (TOFUKING)
(Case T-99/10) (1)

(Community trade mark - Opposition procedure - Application for the Community trade mark TOFUKING - Earlier national word mark King - Earlier national and Community word marks Curry King - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 319/35
Language of the case: German

Parties


Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co KG (Edewecht, Germany) (represented by: S. Russlies, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent)

Other party to the proceedings before the Board of Appeal of OHIM: TofuTown.com GmbH (Wiesbaum, Germany) (represented by: B. Krause and F. Cordt, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 January 2010 (Case R 63/2009-4) concerning opposition proceedings between Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co KG and TofuTown.com GmbH.

Operative part of the judgment:

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 January 2010 (Case R 63/2009-4);










2.


Orders OHIM to bear its own costs and those incurred by Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co KG;










3.


Orders TofuTown.com GmbH to bear its own costs.






(1)  OJ C 113, 1.5.2010.
Case F-45/06 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — De Buggenoms and Others v Commission (Civil Service — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Tribunal — Decision of the Tribunal — Application for revision relating to an order for removal from the register following withdrawal from the proceedings — Res judicata — Absence — Inadmissibility raised by the Tribunal of its own motion)
Date: 2011-09-20
Institutions: Civil Service Tribunal
Subjects: European official, appointment of staff, professional career, staff assessment








C_2011340EN.01003403.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/34





Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — De Buggenoms and Others v Commission
(Case F-45/06 REV)
(Civil Service - Procedure - Application for revision - Article 119 of the Rules of Procedure of the Tribunal - Decision of the Tribunal - Application for revision relating to an order for removal from the register following withdrawal from the proceedings - Res judicata - Absence - Inadmissibility raised by the Tribunal of its own motion)
2011/C 340/68
Language of the case: French

Parties


Applicants: Sandrine De Buggenoms and Others (Hoeilaart, Belgium) (represented by: S. Rodrigues, C. Bernard-Glanz and A. Blot, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and J. Herrmann, Agents)

Re:

Action for revision brought by the applicant against the order of the First Chamber of the Civil Service Tribunal on 16 September 2010, in Case F-45/06.

Operative part of the judgment

The Tribunal:






1.


Dismisses the application for revision as inadmissible;










2.


Orders the parties applying for revision to pay the costs incurred by the European Commission;










3.


Orders the Council of the European Union, intervener in the revision proceedings, to bear its own costs.
Case C-561/10 P: Order of the Court of 20 September 2011 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission (Appeal — Public service contracts — Invitation to tender — Computing services for the maintenance of the SEI-BUD/AMD/CR systems — Rejection of the tender — Inadequate statement of reasons — Incorrect assessment of the facts and evidence)
Date: 2011-09-20
Institutions: Court of Justice
Subjects: EU publication, award of contract, invitation to tender








C_2012025EN.01002303.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/23






Order of the Court of 20 September 2011 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission
(Case C-561/10 P) (1)

(Appeal - Public service contracts - Invitation to tender - Computing services for the maintenance of the SEI-BUD/AMD/CR systems - Rejection of the tender - Inadequate statement of reasons - Incorrect assessment of the facts and evidence)
(2012/C 25/41)
Language of the case: English

Parties


Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis, dikigoros)

Other party to the proceedings: European Commission (represented by: S. Delaude and N. Bambara, acting as Agents)

Re:

Appeal against the judgment of the General Court (Fifth Chamber) of 9 September 2010 in Case T-387/08 Evropaïki Dynamiki v Commission dismissing an application (i) for annulment of the decision of the Publications Office of the European Union of 20 June 2008 rejecting the tender submitted by the appellant in Call for Tender for computing services — maintenance of the SEI-BUD/AMD/CR systems and related services (AO 10185) (OJ 2008/S 43-058884) and of the decision to award the contract to another tenderer, and (ii) for damages.

Operative part of the order







1.


The appeal is dismissed.










2.


Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE shall pay the costs.






(1)  OJ C 72, 5.3.2011.
Non-opposition to a notified concentration (Case COMP/M.6372 — OTPP/Macquarie/SFPI-FPIM/The Brussels Airport Company)  Text with EEA relevance
Date: 2011-09-20
Institutions: European Commission
Subjects: airport, economic concentration, merger control, services company, supplementary pension








C_2011275EN.01000102.xml










20.9.2011   


EN


Official Journal of the European Union


C 275/1





Non-opposition to a notified concentration
(Case COMP/M.6372 — OTPP/Macquarie/SFPI-FPIM/The Brussels Airport Company)
(Text with EEA relevance)
2011/C 275/02
On 14 September 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 32011M6372. EUR-Lex is the on-line access to the European law.
2011/650/: Council Decision of 20 September 2011 appointing a Luxembourg member and a Luxembourg alternate member of the Committee of the Regions
Date: 2011-09-20
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Luxembourg, appointment of members








L_2011261EN.01002601.xml










6.10.2011   


EN


Official Journal of the European Union


L 261/26








            COUNCIL DECISION
         
of 20 September 2011
         
appointing a Luxembourg member and a Luxembourg alternate member of the Committee of the Regions
(2011/650/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 Luxembourg 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)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Paul-Henri MEYERS. An alternate member’s seat has become vacant following the appointment of Mr Gilles ROTH as a member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



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






(a)


as member:






—


Mr Gilles ROTH, Bourgmestre de la Commune de Mamer;




and










(b)


as alternate member:






—


Mr Pierre WIES, Bourgmestre de la Commune de Larochette.










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




Done at Brussels, 20 September 2011.


For the Council


The President

M. SAWICKI
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case F-103/06 REV: Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Saintraint v Commission (Staff case — Procedure — Application for revision — Article 119 of the Rules of Procedure of the Civil Service Tribunal — Decision of the Tribunal — Application for revision of an order removing a case from the register following discontinuance — No binding effect — Inadmissibility raised by the Tribunal of its own motion)
Date: 2011-09-20
Institutions: Civil Service Tribunal
Subjects: European official, appointment of staff, professional career, staff assessment








C_2011340EN.01003501.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/35





Judgment of the Civil Service Tribunal (First Chamber) of 20 September 2011 — Saintraint v Commission
(Case F-103/06 REV)
(Staff case - Procedure - Application for revision - Article 119 of the Rules of Procedure of the Civil Service Tribunal - Decision of the Tribunal - Application for revision of an order removing a case from the register following discontinuance - No binding effect - Inadmissibility raised by the Tribunal of its own motion)
2011/C 340/69
Language of the case: French

Parties


Applicant: Antoine Saintraint (La Paz, Bolivia) (represented by: S. Rodrigues, C. Bernard-Glanz and A. Blot, lawyers)

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

Intervener in support of the Defendant: Council of the European Union (represented by: M. Bauer and J. Herrmann, acting as Agents)

Re:

Application for revision by the applicant against the Order of the First Chamber of the Civil Service Tribunal of 16 September 2010, in Case F-103/06.

Operative part of the judgment







1.


The application for revision is dimissed as inadmissible.










2.


The applicant for revision is ordered to pay the costs of the Commission.










3.


The Council of the European Union, which has intervened in the action for revision, is ordered to bear its own costs.
Non-opposition to a notified concentration (Case COMP/M.6172 — Daimler/Rolls-Royce/Tognum/Bergen)  Text with EEA relevance
Date: 2011-09-20
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2011275EN.01000202.xml










20.9.2011   


EN


Official Journal of the European Union


C 275/2





Non-opposition to a notified concentration
(Case COMP/M.6172 — Daimler/Rolls-Royce/Tognum/Bergen)
(Text with EEA relevance)
2011/C 275/04
On 25 July 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 32011M6172. EUR-Lex is the on-line access to the European law.
Joined Cases T-400/04, T-402/04 to T-404/04: Judgment of the General Court of 20 September 2011 — Arch Chemicals and Others v Commission (Health policy — Placing on the market of biocidal products — Identification of active substances on the market — Decision refusing amendment of certain provisions of the legislation — Actions for failure to act — Obligation to act — Actions for annulment — Not individually concerned — Inadmissibility)
Date: 2011-09-20
Institutions: General Court
Subjects: chemical product, health control, marketing








C_2011319EN.01001102.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/11





Judgment of the General Court of 20 September 2011 — Arch Chemicals and Others v Commission
(Joined Cases T-400/04, T-402/04 to T-404/04) (1)

(Health policy - Placing on the market of biocidal products - Identification of active substances on the market - Decision refusing amendment of certain provisions of the legislation - Actions for failure to act - Obligation to act - Actions for annulment - Not individually concerned - Inadmissibility)
2011/C 319/20
Language of the case: English

Parties


Applicants: Arch Chemicals, Inc. (Norwalk, Connecticut, United States); Arch Timber Protection Ltd (Castleford, West Yorkshire, United Kingdom) (Case T-400/04); Rhodia UK Ltd, formerly Rhodia Consumer Specialities Ltd (Watford, Hertfordshire, United Kingdom) (Case T-402/04); Sumitomo Chemical (UK) plc (London, United Kingdom) (Case T-403/04); Troy Chemical Co. BV (Vlaardingen, Netherlands) (Case T-404/04); (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Commission (represented by: X. Lewis and D. Recchia, and subsequently by P. Oliver and G. Wilms, acting as Agents)

Re:

Action, firstly, seeking a declaration of the Commission’s failure to act in that it unlawfully refrained from amending certain provisions of Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council on biocidal products (OJ 2000 L 228, p. 6) and of Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8 and amending Regulation (EC) No 1896/2000 (OJ 2003 L 307, p. 1) and, in the alternative, action for annulment of the Commission’s letter of 20 July 2004 refusing to grant the applicants’ requests and, secondly, action for compensation for the loss which the applicants suffered as a result of the Commission’s failure to act and, in the alternative, action for compensation for the loss caused by the Commission’s letter of 20 July 2004.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Arch Chemicals, Inc., Arch Timber Protection Ltd, Rhodia UK Ltd, Sumitomo Chemical (UK) plc and Troy Chemical Co. BV to bear their own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 19, 22.1.2005.
Notice concerning the entry into force of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
Date: 2011-09-20
Institutions: Council of the European Union
Subjects: Mediterranean Sea, environmental protection, international convention, marine environment, the EU's international role








L_2011242EN.01000101.xml










20.9.2011   


EN


Official Journal of the European Union


L 242/1







Notice concerning the entry into force of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean

The Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, signed in Madrid on 16 January 2009
          (1), has entered into force, by virtue of Article 39 of the Protocol, on 24 March 2011.


(1)  
            OJ L 34, 4.2.2009, p. 17.
Council Decision of 20 September 2011 appointing a member and an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Malta
Date: 2011-09-20
Institutions: Council of the European Union
Subjects: Eurofound, Malta, appointment of members, board of management








C_2011278EN.01000201.xml










22.9.2011   


EN


Official Journal of the European Union


C 278/2





COUNCIL DECISION
of 20 September 2011
appointing a member and an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Malta
(2011/0000/)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
Having regard to the lists of nominees submitted by the Governments of the Member States and by the workers' and employers' organisations,
Whereas:






(1)


By its Decisions of 22 November 2010 (2) and 7 March 2011 (3), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 1 December 2010 to 30 November 2013, with the exception of certain members and alternate members.










(2)


The Government of Malta has submitted nominations for two posts to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed member and alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2013:
I.   GOVERNMENT REPRESENTATIVES







Country


Member


Alternate




Malta


Mr Noel VELLA


Ms Sylvia GAUCI




Article 2
The Council will appoint the members and alternate members who have not yet been nominated at a later date.
Article 3
This Decision shall enter into force on the day of its adoption.

Done at Brussels, 20 September 2011.


For the Council


The President

M. SAWICKI




(1)  OJ L 139, 30.5.1975, p. 1.

(2)  OJ C 322, 27.11.2010, p. 8.

(3)  OJ C 83, 17.3.2011, p. 4.