do-me/EUR-LEX huggingface dataset:
Case C-521/09 P: Judgment of the Court (Second Chamber) of 29 September 2011 — Elf Aquitaine SA v European Commission (Appeal — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — Market for monochloroacetic acid — Rules on imputing a subsidiary’s anti-competitive practices to its parent company — Presumption of the actual exercise of a decisive influence — Rights of the defence — Obligation to state reasons)
Date: 2011-09-29
Institutions: Court of Justice
Subjects: chemical compound, chemical industry, control of restrictive practices, liability, parent company, restriction on competition, subsidiary








C_2011340EN.01000202.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/2





Judgment of the Court (Second Chamber) of 29 September 2011 — Elf Aquitaine SA v European Commission
(Case C-521/09 P) (1)

(Appeal - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - Market for monochloroacetic acid - Rules on imputing a subsidiary’s anti-competitive practices to its parent company - Presumption of the actual exercise of a decisive influence - Rights of the defence - Obligation to state reasons)
2011/C 340/03
Language of the case: French

Parties


Appellant: Elf Aquitaine SA (represented by: E. Morgan de Rivery, S. Thibault-Liger and E. Lagathu, lawyers)

Other party to the proceedings: European Commission (represented by: A. Bouquet and F. Castillo de la Torre, Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 in Case T-174/05 Elf Aquitaine v Commission, by which the Court dismissed Elf Aquitaine’s application for annulment of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement concerning an agreement in the market for monochloroacetic acid and, in the alternative, for annulment or reduction of the fine imposed on it — Failure to comply with the principle of the presumption of innocence and the principle that penalties must be specific to the offender, and with the rules on imputing a subsidiary’s anti-competitive practices to its parent company — Infringement of the rights of the defence and of the obligation to state reasons

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Court of First Instance of 30 September 2009 in Case T-174/05 Elf Aquitaine v Commission;










2.


Annuls Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/E-1/37.773 — AMCA), in so far as it imputes the infringement in question to Elf Aquitaine SA and imposes a fine on it;










3.


Orders Elf Aquitaine SA and the European Commission each to pay its own costs relating to this appeal;










4.


Orders the European Commission to pay the costs at first instance.






(1)  OJ C 37, 13.02.2010.
Case F-70/05: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Mische v Commission (Civil service — Appointment — Successful candidate in a competition published before the entry into force of the new Staff Regulations but finalised afterwards — Grading under new, less favourable rules)
Date: 2011-09-29
Institutions: Civil Service Tribunal
Subjects: European civil service, appointment of staff, indemnification, infringement of EU law, occupational status, staff assessment








C_2012138EN.01002102.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/21






Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Mische v Commission
(Case F-70/05) (1)

(Civil service - Appointment - Successful candidate in a competition published before the entry into force of the new Staff Regulations but finalised afterwards - Grading under new, less favourable rules)
(2012/C 138/39)
Language of the case: English

Parties


Applicant: Harald Mische (Brussels, Belgium) (represented: initially by G. Vandersanden and L. Levi, lawyers, and subsequently by R. Holland, B. Maluch and J. Mische, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, Agents)

Re:

Annulment of the Commission’s decision classifying the applicant at grade A*6 following a competition published before the entry into force of the new Staff Regulations but finalised after that date, under the less favourable provisions of those regulations (Article 12 of Annex XIII to Regulation (EC, Euratom) No 723/2004 amending the Staff Regulations of Officials)

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders each party to bear its own costs;










3.


Orders the Council of the European Union, the intervener, to bear its own costs.






(1)  OJ C 229, 17.9.2005, p. 35 (case initially registered before the Court of First Instance of the European Communities under the Number T-288/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).
Case F-80/10: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — AJ v Commission (Civil service — Officials — Promotion — Articles 43 and 45 of the Staff Regulations — Appraisal report — Manifest error of assessment — Statement of reasons)
Date: 2011-09-29
Institutions: Civil Service Tribunal
Subjects: promotion, staff assessment








C_2012138EN.01002403.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/24






Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — AJ v Commission
(Case F-80/10)
(Civil service - Officials - Promotion - Articles 43 and 45 of the Staff Regulations - Appraisal report - Manifest error of assessment - Statement of reasons)
(2012/C 138/48)
Language of the case: French

Parties


Applicant: AJ (Waterloo, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: G. Berscheid and C. Berardis-Kayser, Agents)

Re:

Application for annulment of the applicant’s appraisal report for the period from 1 January to 31 December 2008

Operative part of the judgment

The Tribunal:






1.


Dismisses the action.










2.


Orders AJ to bear its own costs and to pay those incurred by the Commission.
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
Date: 2011-09-29
Institutions: European Commission
Subjects: Germany, Schleswig-Holstein, State aid, animal disease, control of State aid








C_2011285EN.01000801.xml










29.9.2011   


EN


Official Journal of the European Union


C 285/8





Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
2011/C 285/04
Aid No: SA.33515 (11/XA)
Member State: Germany
Region: Schleswig-Holstein
Title of aid scheme or name of company receiving an individual aid: Beihilfen für die Identitätssicherung von Rindern und Schweinen nach gemeinschaftsrechtlichen und nationalen Bestimmungen zur Kennzeichnung und Registrierung von Tieren
Legal basis: Richtlinien für die Gewährung von Beihilfen zur Identitätssicherung zum Schutz der Verschleppung von Tierseuchen im Viehverkehr (Beihilfe-Richtlinien zur Identitätssicherung)
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,31 million
Maximum aid intensity: 100 %
Date of implementation: —
Duration of scheme or individual aid award: 20 September 2011-31 December 2013
Objective of aid: Animal diseases (Article 10 of Regulation (EC) No 1857/2006)
Sector(s) concerned: All economic sectors eligible to receive aid
Name and address of the granting authority: 





Ministerium für Landwirtschaft, Umwelt und ländliche Räume Schleswig-Holstein




Mercatorstraße 3




24106 Kiel




DEUTSCHLAND




Website: http://www.schleswig-holstein.de/cae/servlet/contentblob/1019322/publicationFile/Beihilfe_RiLi_Identitaet.pdf
Other information: —
Case T-150/10: Judgment of the General Court of 29 September 2011 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA) (Community trade mark — Opposition proceedings — Application for Community word mark LOOPIA — Earlier Community word marks LOOP and LOOPY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-09-29
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications industry, trade-mark law








C_2011331EN.01001902.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/19





Judgment of the General Court of 29 September 2011 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA)
(Case T-150/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LOOPIA - Earlier Community word marks LOOP and LOOPY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 331/35
Language of the case: English

Parties


Applicant: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Loopia AB (Västerås, Sweden) (represented by: P. Håkon-Schmidt and N. Ringen, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2010 (Case R 1812/2008-1), concerning opposition proceedings between Telefónica O2 Germany GmbH & Co. OHG and Loopia AB.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 January 2010 (Case R 1812/2008-1);










2.


Orders OHIM to bear its own costs and to pay the costs of Telefónica O2 Germany GmbH & Co. OHG;










3.


Orders OHIM to pay the costs necessarily incurred by Telefónica O2 Germany for the purposes of the proceedings before the First Board of Appeal of OHIM;










4.


Orders Loopia AB to bear its own costs.






(1)  OJ C 148, 5.6.2010.
Civilian invalids of war Declaration of the European Parliament of 29 September 2011 on civilian invalids of war
Date: 2011-09-29
Institutions: European Parliament
Subjects: civilian victim, legal status, threat to national security








CE2013056EN.01012301.xml










26.2.2013   


EN


Official Journal of the European Union


CE 56/123





Thursday 29 September 2011Civilian invalids of war
P7_TA(2011)0433
Declaration of the European Parliament of 29 September 2011 on civilian invalids of war
2013/C 56 E/17

The European Parliament,






—


having regard to the Stockholm Programme adopted by the European Council in December 2009,










—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas the European Union has long been a promoter of international peace and of prevention of landmine use,










B.


whereas civilian invalids of war, victims of land mines and other leftover weaponry and victims of terrorism in the Member States and in candidate countries face ongoing health and socio-economic difficulties which need to be addressed in a comprehensive, coordinated manner,










1.


Considers that Europe should set an example for the rest of the world by recognising and addressing the long-term needs of the victims of terrorist attacks and of civilian invalids of war and giving them a special status;










2.


Calls on the Commission to take appropriate steps to ensure that the ongoing medical and societal needs of civilian invalids of war and victims of terrorism are met without discrimination in the EU, with the aim of helping such persons to lead a dignified life in their own environment;










3.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Council and Commission and to the parliaments of the Member States.






(1)  The list of signatories is published in Annex 2 to the Minutes of 29 September 2011 (P7_PV(2011)09-29(ANN2)).
Case F-114/10: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Bowles, Larue and Whitehead v ECB (Staff case — Staff of the ECB — General adjustment to salaries — Method of calculation — Provisional data — Economic and financial crisis — Special circumstances — Act adversely affecting an official — Pay slip — Provisional act)
Date: 2011-09-29
Institutions: Civil Service Tribunal
Subjects: European civil service, economic recession, monetary crisis, pay, wage determination








C_2012138EN.01002602.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/26






Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Bowles, Larue and Whitehead v ECB
(Case F-114/10) (1)

(Staff case - Staff of the ECB - General adjustment to salaries - Method of calculation - Provisional data - Economic and financial crisis - Special circumstances - Act adversely affecting an official - Pay slip - Provisional act)
(2012/C 138/53)
Language of the case: French

Parties


Applicants: Carlos Bowles, Emmanuel Larue and Sarah Whitehead (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: E. Carlini and M. López Torres, Agents, and by B. Wägenbaur, lawyer)

Re:

Application for annulment of the applicants’ salary slips for January 2010 and the following months in so far as they apply a salary increase of 2 % as a result of the 2010 salary adjustment procedure and compensation for the material loss suffered by the applicants

Operative part of the judgment

The Tribunal:






1.


Annuls the decisions of the European Central Bank to increase by 2 % the remuneration of C. Bowles, E. Larue and S. Whitehead from 1 January 2010, as stated on their salary slips for January 2010 and the following months;










2.


Dismisses the action as to the remainder;










3.


Orders the European Central Bank to pay the costs.






(1)  OJ C 55, 19.2.2011, p. 37.
Case F-121/10: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Michael Heath v ECB (Civil Service — ECB Staff — Pension scheme — Pension plan — Annual pension increase — Harmonised index of consumer prices — Opinion of pension plan actuary — Consultation of staff committee — Consultation of oversight committee — Right to negotiate by collective agreement)
Date: 2011-09-29
Institutions: Civil Service Tribunal
Subjects: European civil service, collective bargaining, supplementary pension








C_2012138EN.01002701.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/27






Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 — Michael Heath v ECB
(Case F-121/10) (1)

(Civil Service - ECB Staff - Pension scheme - Pension plan - Annual pension increase - Harmonised index of consumer prices - Opinion of pension plan actuary - Consultation of staff committee - Consultation of oversight committee - Right to negotiate by collective agreement)
(2012/C 138/55)
Language of the case: French

Parties


Applicant: Michael Heath (Southampton, United Kingdom) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: P. Embley and E. Carlini, agents, and B. Wägenbaur, lawyer)

Re:

Application to annul the applicant’s pension slips for January 2010 and the following months, in so far as they apply a pension increase of 0.6% following the 2010 pension adjustment exercise, and compensation for the damage suffered by the applicant.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Heath to bear his own costs and to pay the costs of the European Central Bank.






(1)  OJ C 30, 29.1.2011, p. 67.
Case T-107/10: Judgment of the General Court of 29 September 2011 — Procter & Gamble Manufacturing Cologne v OHIM — Natura Cosméticos (NATURAVIVA) (Community trade mark — Opposition proceedings — Application for Community word mark NATURAVIVA — Earlier Community word mark VIVA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — No similarity of the signs)
Date: 2011-09-29
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2011331EN.01001901.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/19





Judgment of the General Court of 29 September 2011 — Procter & Gamble Manufacturing Cologne v OHIM — Natura Cosméticos (NATURAVIVA)
(Case T-107/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark NATURAVIVA - Earlier Community word mark VIVA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - No similarity of the signs)
2011/C 331/34
Language of the case: English

Parties


Applicant: Procter & Gamble Manufacturing Cologne GmbH (Cologne, Germany) (represented by: K. Sandberg, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Natura Cosméticos, SA (São Paulo, Brazil) (represented by: C. Bercial Arias, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 1558/2008-2) concerning opposition proceedings between Procter & Gamble Manufacturing Cologne GmbH and Natura Cosméticos, SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Procter & Gamble Manufacturing Cologne GmbH to pay the costs.






(1)  OJ C 134, 22.5.2010.
Non-opposition to a notified concentration (Case COMP/M.6345 — Cheung Kong Holdings/Northumbrian Water Group)  Text with EEA relevance
Date: 2011-09-29
Institutions: European Commission
Subjects: economic concentration, holding company, merger control, waste management, water management








C_2011285EN.01000101.xml










29.9.2011   


EN


Official Journal of the European Union


C 285/1





Non-opposition to a notified concentration
(Case COMP/M.6345 — Cheung Kong Holdings/Northumbrian Water Group)
(Text with EEA relevance)
2011/C 285/01
On 22 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 32011M6345. EUR-Lex is the on-line access to the European law.
Case F-9/07: Judgment of the Civil Service Tribunal (First Chamber) of 29 September 2011 — Angé Serrano v Parliament (Civil Service — Officials — Change of category under the old Staff Regulations — Transitional rules for grading as at 1 May 2004 — Decision of the Bureau of the European Parliament of 13 February 2006 — Reclassification on the basis of the salary of officials receiving a compensatory payment — Applicable multiplier — Loss of promotion points — Claim for compensation)
Date: 2011-09-29
Institutions: Civil Service Tribunal
Subjects: assistant, competition (EU), pay, promotion, staff assessment








C_2011340EN.01003502.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/35





Judgment of the Civil Service Tribunal (First Chamber) of 29 September 2011 — Angé Serrano v Parliament
(Case F-9/07) (1)

(Civil Service - Officials - Change of category under the old Staff Regulations - Transitional rules for grading as at 1 May 2004 - Decision of the Bureau of the European Parliament of 13 February 2006 - Reclassification on the basis of the salary of officials receiving a compensatory payment - Applicable multiplier - Loss of promotion points - Claim for compensation)
2011/C 340/70
Language of the case: French

Parties


Applicant: Pilar Angé Serrano (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament (represented: initially by C. Burgos and K. Zejdová, Agents, and subsequently by L.G. Knudsen and K. Zejdová, Agents)

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

Re:

Annulment of the European Parliament’s decision regrading the applicant at grade B*6, step 8; she had been included on the reserve list following an internal competition for change of category, before the entry into force of the new Staff Regulations, under the latter’s less favourable provisions — Claim for compensation.

Operative part of the judgment

The Tribunal:






1.


Dismisses the application;










2.


Orders each party to bear its own costs;










3.


Orders the Council of the European Union, the intervener, to bear its own costs.






(1)  OJ C 69 of 24.03.07, p. 31.