do-me/EUR-LEX huggingface dataset:
Case F-55/08 DEP: Order of the Civil Service Tribunal (Full Court) of 27 September 2011 — De Nicola v EIB (Staff cases — Procedure — Taxation of costs — Recoverable costs — Essential costs — Fees paid by an institution to its lawyer — Obligation for an unsuccessful applicant to pay those fees — Principle of equal treatment — Effective judicial protection — Conditions)
Date: 2011-09-27
Institutions: Civil Service Tribunal
Subjects: European civil service, equal treatment, income in addition to normal pay, lawyer, legal expenses, right to justice








C_2011362EN.01002402.xml










10.12.2011   


EN


Official Journal of the European Union


C 362/24





Order of the Civil Service Tribunal (Full Court) of 27 September 2011 — De Nicola v EIB
(Case F-55/08 DEP)
(Staff cases - Procedure - Taxation of costs - Recoverable costs - Essential costs - Fees paid by an institution to its lawyer - Obligation for an unsuccessful applicant to pay those fees - Principle of equal treatment - Effective judicial protection - Conditions)
2011/C 362/41
Language of the case: Italian

Parties


Applicant: De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank (EIB) (represented by: F. Martin, Agent, assisted by A. Dal Ferro, lawyer)

Re:

Request for taxation of costs lodged by the defendant following the judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 in Case F-55/08.

Operative part of the order

The amount of the costs recoverable by the European Investment Bank in Case F-55/08 De Nicola v EIB is fixed at EUR 6 000.
Non-opposition to a notified concentration (Case COMP/M.6363 — Dalkia Polska/SPEC)  Text with EEA relevance
Date: 2011-09-27
Institutions: European Commission
Subjects: economic concentration, electricity supply, gas supply, heating, merger control








C_2011283EN.01000101.xml










27.9.2011   


EN


Official Journal of the European Union


C 283/1





Non-opposition to a notified concentration
(Case COMP/M.6363 — Dalkia Polska/SPEC)
(Text with EEA relevance)
2011/C 283/01
On 19 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 32011M6363. EUR-Lex is the on-line access to the European law.
Case T-207/09: Judgment of the General Court of 27 September 2011 — El Jirari Bouzekri v OHIM — Nike International (NC NICKOL) (Community trade mark — Opposition proceedings — Application for Community figurative mark NC NICKOL — Earlier Community figurative mark NIKE — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(5) of Regulation No 40/94)
Date: 2011-09-27
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports facilities, trade-mark law








C_2011331EN.01001801.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/18





Judgment of the General Court of 27 September 2011 — El Jirari Bouzekri v OHIM — Nike International (NC NICKOL)
(Case T-207/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark NC NICKOL - Earlier Community figurative mark NIKE - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(5) of Regulation No 40/94)
2011/C 331/32
Language of the case: English

Parties


Applicant: Mustapha El Jirari Bouzekri (Malaga, Spain) (represented by: E. Ragot, lawyer)

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, intervener before the General Court: Nike International Ltd (Beaverton, Oregon, United States of America) (represented by: M. de Justo Bailey, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 554/2008-2) relating to opposition proceedings between Nike International Ltd and Mustapha El Jirari Bouzekri.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), of 25 February 2009 (Case R 554/2008-2).










2.


Orders OHIM to bear its own costs and to pay those incurred by Mustapha El Jirari Bouzekri. Nike International shall pay its own costs.






(1)  OJ C 167, 18.7.2009.
Case T-403/10: Judgment of the General Court of 27 September 2011 — Brighton Collectibles v OHIM — Felmar (BRIGHTON) (Community trade mark — Opposition procedure — Application for Community word mark BRIGHTON — National word and figurative marks BRIGHTON and earlier signs BRIGHTON — Relative grounds for refusal — Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 — Article 8(1)(b) and 8(4) of Regulation No 207/2009)
Date: 2011-09-27
Institutions: General Court
Subjects: EU trade mark, miscellaneous industries, registered trade mark, trade-mark law








C_2011331EN.01002001.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/20





Judgment of the General Court of 27 September 2011 — Brighton Collectibles v OHIM — Felmar (BRIGHTON)
(Case T-403/10) (1)

(Community trade mark - Opposition procedure - Application for Community word mark ‘BRIGHTON’ - National word and figurative marks ‘BRIGHTON’ and earlier signs ‘BRIGHTON’ - Relative grounds for refusal - Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 - Article 8(1)(b) and 8(4) of Regulation No 207/2009)
2011/C 331/37
Language of the case: French

Parties


Applicants: Brighton Collectibles, Inc. (Dover, Delaware, USA) (represented by: R. Delorey, lawyer)

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: Felmar (Paris, France) (represented by: D. Monégier du Sorbier, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning an opposition procedure between Brighton Collectibles Inc. and Felmar.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Brighton Collectibles Inc. to bear its own costs and to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);










3.


Orders Felmar to bear its own costs.






(1)  OJ C 328, 4.12.2010.
Euro exchange rates
Date: 2011-09-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2011283EN.01000401.xml










27.9.2011   


EN


Official Journal of the European Union


C 283/4





Euro exchange rates (1)

26 September 2011
2011/C 283/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3500




JPY


Japanese yen


103,05




DKK


Danish krone


7,4427




GBP


Pound sterling


0,86960




SEK


Swedish krona


9,2475




CHF


Swiss franc


1,2206




ISK


Iceland króna


 




NOK


Norwegian krone


7,8260




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,675




HUF


Hungarian forint


289,42




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7096




PLN


Polish zloty


4,3888




RON


Romanian leu


4,2963




TRY


Turkish lira


2,5002




AUD


Australian dollar


1,3794




CAD


Canadian dollar


1,3889




HKD


Hong Kong dollar


10,5276




NZD


New Zealand dollar


1,7376




SGD


Singapore dollar


1,7545




KRW


South Korean won


1 593,14




ZAR


South African rand


10,8100




CNY


Chinese yuan renminbi


8,6418




HRK


Croatian kuna


7,4865




IDR


Indonesian rupiah


12 269,23




MYR


Malaysian ringgit


4,3004




PHP


Philippine peso


58,971




RUB


Russian rouble


43,7214




THB


Thai baht


42,012




BRL


Brazilian real


2,4589




MXN


Mexican peso


18,2116




INR


Indian rupee


66,7540






(1)  Source: reference exchange rate published by the ECB.
Case F-75/07: Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Brown and Volpato v Commission (Staff Cases — Officials — Promotion — 2006 promotion year — New career structures — Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations — Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 — Principle of equal treatment — Retroactive effect of promotion decisions to a date prior to 1 May 2004 — Transitional measures — Action which must manifestly be dismissed)
Date: 2011-09-27
Institutions: Civil Service Tribunal
Subjects: appointment of staff, equal treatment, promotion, servant (EU), staff assessment








C_2011340EN.01003902.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/39





Order of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Brown and Volpato v Commission
(Case F-75/07) (1)

(Staff Cases - Officials - Promotion - 2006 promotion year - New career structures - Extension of careers by the introduction of new grades having no equivalent in the old Staff Regulations - Application of Article 45 and Annex XIII of the Staff Regulations, as well as the general implementing provisions applicable from 2005 - Principle of equal treatment - Retroactive effect of promotion decisions to a date prior to 1 May 2004 - Transitional measures - Action which must manifestly be dismissed)
2011/C 340/80
Language of the case: French

Parties


Applicants: Colin Brown (Brussels, Belgium) and Alberto Volpato (Moscow, Russia) (represented by: B. Cortese and C. Cortese, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented initially by M. Arpio Santacruz and I. Šulce, later by: M. Bauer, J. Monteiro and K. Zieleśkiewicz, Agents)

Re:

Annulment of the Commission decision published in Administrative Notices No 55 2006 of 17 November 2006 inasmuch as it provided for the promotion of the applicants to grade A*9, and not to grade A*10, in the 2006 promotion year.

Operative part of the order







1.


The action is dismissed.










2.


Mr Brown and Mr Volpato, and the European Commission, are ordered to bear their own costs.










3.


The Council of the European Union, which intervened, is ordered to bear its own costs.






(1)  OJ C 235 of 6.10.07, p. 30.
Case F-98/09: Judgment of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Sarah Whitehead v European Central Bank (Civil service — Staff of the ECB — Annual salary and bonus review — 2008 review — Annual assessment — Criteria for assessment — Staff Committee consultation — Taking account of periods of sick leave — Setting of objectives)
Date: 2011-09-27
Institutions: Civil Service Tribunal
Subjects: bonus payment, indemnification, pay, pay policy, personnel administration








C_2011340EN.01003601.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/36





Judgment of the Civil Service Tribunal (First Chamber) of 27 September 2011 — Sarah Whitehead v European Central Bank
(Case F-98/09) (1)

(Civil service - Staff of the ECB - Annual salary and bonus review - 2008 review - Annual assessment - Criteria for assessment - Staff Committee consultation - Taking account of periods of sick leave - Setting of objectives)
2011/C 340/71
Language of the case: English

Parties


Applicant: Sarah Whitehead (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented: initially by F. Feyerbacher and G. Nuvoli, Agents and by B. Wägenbaur, lawyer, and subsequently by E. Carlini and G. Nuvoli, Agents and by B. Wägenbaur, lawyer)

Re:

First, annulment of the decision of the ECB awarding the applicant a salary increase of two points for the purpose of the Annual Salary and Bonus Review for the year 2008, and payment of the difference between the salary increase received and that to which the applicant claims she was entitled. Second, compensation for non-material loss suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Whitehead to bear her own costs and to pay those of the European Central Bank.






(1)  OJ C 24, 30.1.10, p. 82.
Extension of the scope of the regulation on the professional cross-border transport of euro cash by road between euro-area Member States *** European Parliament legislative resolution of 27 September 2011 on the draft Council regulation concerning the extension of the scope of the Regulation of the European Parliament and of the Council on the professional cross-border transport of euro cash by road between euro area Member States (17787/2010 – C7-0025/2011– 2010/0206(APP))
Date: 2011-09-27
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: cross-border transport, euro, non-participating country (euro area), paper money, road transport








CE2013056EN.01012701.xml










26.2.2013   


EN


Official Journal of the European Union


CE 56/127





Tuesday 27 September 2011Extension of the scope of the regulation on the professional cross-border transport of euro cash by road between euro-area Member States ***
P7_TA(2011)0400
European Parliament legislative resolution of 27 September 2011 on the draft Council regulation concerning the extension of the scope of the Regulation of the European Parliament and of the Council on the professional cross-border transport of euro cash by road between euro area Member States (17787/2010 – C7-0025/2011– 2010/0206(APP))
2013/C 56 E/22
(Special legislative procedure – consent)

The European Parliament,






—


having regard to the draft Council regulation (17787/2010),










—


having regard to the request for consent submitted by the Council in accordance with Article 352 of the Treaty on the Functioning of the European Union (C7-0025/2011),










—


having regard to Rule 81(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Economic and Monetary Affairs (A7-0077/2011),










1.


Consents to the draft Council regulation;










2.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Establishment of Euro-Mediterranean Erasmus and Leonardo da Vinci programmes Declaration of the European Parliament of 27 September 2011 on the establishment of Euro-Mediterranean Erasmus and Leonardo da Vinci programmes
Date: 2011-09-27
Institutions: European Parliament
Subjects: Integrated Mediterranean Programmes, aid programme, cooperation in the field of education, educational exchange, higher education, vocational training








CE2013056EN.01009901.xml










26.2.2013   


EN


Official Journal of the European Union


CE 56/99





Tuesday 27 September 2011Establishment of Euro-Mediterranean Erasmus and Leonardo da Vinci programmes
P7_TA(2011)0413
Declaration of the European Parliament of 27 September 2011 on the establishment of Euro-Mediterranean Erasmus and Leonardo da Vinci programmes
2013/C 56 E/11

The European Parliament,






—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas the southern shore of the Mediterranean is experiencing unprecedented changes that the EU must support with new initiatives,










B.


having regard to the fundamental role played by education in respect of democracy and economic and social development,










C.


having regard to the importance of vocational training to combat youth unemployment,










D.


whereas the Erasmus and Leonardo da Vinci programmes are major successes in terms of European integration,










E.


having regard to the small number of beneficiaries of the Erasmus Mundus programme from Mediterranean countries and the lack of south-south mobility,










1.


Calls on the Commission and the High Representative/Vice-President to propose, by the end of 2011, the establishment of a Euro-Mediterranean Erasmus programme to facilitate transnational mobility for students from both sides of the Mediterranean;










2.


Calls on the Commission and the High Representative/Vice-President to propose, by the end of 2011, the establishment of a Euro-Mediterranean Leonardo da Vinci programme to facilitate mobility for young people who wish to participate in vocational training programmes abroad;










3.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council, the High Representative/Vice-President, the Member States of the European Union and the Union for the Mediterranean (UfM), their parliaments, the Secretariat of the UfM and the UfM Parliamentary Assembly.






(1)  The list of signatories is published in Annex 1 to the Minutes of 27 September 2011 (P7_PV(2011)09-27(ANN1)).
Professional cross-border transport of euro cash by road between euro-area Member States ***I European Parliament legislative resolution of 27 September 2011 on the proposal for a regulation of the European Parliament and of the Council on the professional cross-border transportation of euro cash by road between euro-area Member States (COM(2010)0377 – C7-0186/2010 – 2010/0204(COD))#P7_TC1-COD(2010)0204 Position of the European Parliament adopted at first reading on 27 September 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council on the professional cross-border transport of euro cash by road between euro-area Member States
Date: 2011-09-27
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: cross-border transport, euro, euro area, road safety, road transport, security of supply, transport licence, transport planning, vocational training








CE2013056EN.01012702.xml










26.2.2013   


EN


Official Journal of the European Union


CE 56/127





Tuesday 27 September 2011Professional cross-border transport of euro cash by road between euro-area Member States ***I
P7_TA(2011)0405
European Parliament legislative resolution of 27 September 2011 on the proposal for a regulation of the European Parliament and of the Council on the professional cross-border transportation of euro cash by road between euro-area Member States (COM(2010)0377 – C7-0186/2010 – 2010/0204(COD))
2013/C 56 E/23
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2010)0377),










—


having regard to Article 294(2) and Article 133 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0186/2010),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Central Bank of 5 October 2010 (1),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A7-0076/2011),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 278, 15.10.2010, p. 1.


Tuesday 27 September 2011P7_TC1-COD(2010)0204
Position of the European Parliament adopted at first reading on 27 September 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council on the professional cross-border transport of euro cash by road between euro-area Member States

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1214/2011.)
EU-Mexico agreement on certain aspects of air services *** European Parliament legislative resolution of 27 September 2011 on the draft Council decision on the conclusion of the Agreement on certain aspects of air services between the European Union and the United Mexican States (05735/2011 – C7-0067/2011 – 2008/0161(NLE))
Date: 2011-09-27
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Mexico, agreement (EU), air transport, ratification of an agreement, signature of an agreement








CE2013056EN.01012501.xml










26.2.2013   


EN


Official Journal of the European Union


CE 56/125





Tuesday 27 September 2011EU-Mexico agreement on certain aspects of air services ***
P7_TA(2011)0397
European Parliament legislative resolution of 27 September 2011 on the draft Council decision on the conclusion of the Agreement on certain aspects of air services between the European Union and the United Mexican States (05735/2011 – C7-0067/2011 – 2008/0161(NLE))
2013/C 56 E/19
(Consent)

The European Parliament,






—


having regard to the draft Council decision (05735/2011),










—


having regard to the draft Agreement on certain aspects of air services between the European Union and the United Mexican States (07158/2/2009),










—


having regard to the request for consent submitted by the Council in accordance with Articles 100(2), 218(8) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0067/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0298/2011),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the United Mexican States.