do-me/EUR-LEX huggingface dataset:
Case F-117/11: Action brought on 8 November 2011 — ZZ v Commission.
Date: 2011-11-08
Institutions: Civil Service Tribunal
Subjects: Belgium, European civil service, pension scheme, retirement conditions








C_2012025EN.01007001.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/70






Action brought on 8 November 2011 — ZZ v Commission.
(Case F-117/11)
(2012/C 25/136)
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Vogel, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Office for administration and payment of individual rights determining the applicant’s retirement pension rights and of the calculation of the number of years of pensionable service to be taken into account to determine those rights.

Form of order sought







—


Annul the decision adopted by the appointing authority on 28 July 2011 rejecting the complaint made by the applicant on 3 June 2011, seeking annulment of the general implementing provisions of Articles 11 and 12 of Annex VIII to the Staff Regulations, adopted on 3 March 2011, in particular Article 9 of those general provisions, and which the appointing authority considered to be directed against the individual decision notified to the applicant on 24 May 2011, proposing a new calculation of the years of pensionable service corresponding, in the Community pension scheme, to the actuarial equivalent of the retirement pension rights acquired by the applicant under the Belgian national scheme;










—


in so far as it is necessary, annul also the abovementioned decision of 24 May 2011 and, if necessary, pursuant to Article 277 of the EEC Treaty, the general implementing provisions of 3 March 2011, in particular Article 9 of those provisions;










—


order the Commission to pay the costs.
Case T-88/09: Judgment of the General Court of 8 November 2011 — Idromacchine and Others v Commission (Non-contractual liability — State aid — Commission decision to initiate a formal investigation procedure — Information detrimental to a third-party company — Sufficiently serious breach of a rule of law conferring rights on individuals — Obligation of professional secrecy — Non-material damage — Material damage — Causal link — Default and compensatory interest)
Date: 2011-11-08
Institutions: General Court
Subjects: damages, image, indemnification, turnover








C_2011370EN.01002301.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/23





Judgment of the General Court of 8 November 2011 — Idromacchine and Others v Commission
(Case T-88/09) (1)

(Non-contractual liability - State aid - Commission decision to initiate a formal investigation procedure - Information detrimental to a third-party company - Sufficiently serious breach of a rule of law conferring rights on individuals - Obligation of professional secrecy - Non-material damage - Material damage - Causal link - Default and compensatory interest)
2011/C 370/37
Language of the case: Italian

Parties


Applicants: Idromacchine Srl (Porto Marghera, Italy); Alessandro Capuzzo (Mirano, Italy); and Roberto Capuzzo (Mogliano Veneto, Italy) (represented by: W. Viscardini and G. Donà, lawyers)

Defendant: European Commission (represented by: D. Grespan and E. Righini, acting as Agents, assisted by F. Ruggeri Laderchi, lawyer)

Re:

Action for damages for the loss allegedly suffered on account of the publication in the Official Journal of the European Union of false information adversely affecting inter alia the image and reputation of Idromacchine in Commission Decision C(2002) 5426 final of 30 December 2004‘State aid — Italy — State aid N 586/2003, N 587/2003, N 589/2003 and C 48/2004 (ex N 595/2003) — Extension of the 3-year delivery limit for a chemical tanker — Invitation to submit comments pursuant to Article 88(2) [EC]’

Operative part of the judgment

The Court:






1.


Orders the European Commission to pay Idromacchine Srl damages of EUR 20 000 in respect of the non-material damage it has suffered;










2.


Orders that the damages to be paid to Idromacchine be paid with compensatory interest, as from 18 February 2005 to the delivery of the present judgment, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points;










3.


Orders that the damages to be paid to Idromacchine be paid with default interest, as from the delivery of the present judgment to complete payment of those damages, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points;










4.


Dismisses the action as to the remainder;










5.


Orders the Commission to bear its own costs and two thirds of the costs incurred by Idromacchine, Mr Alessandro Capuzzo and Mr Roberto Capuzzo, who are to bear a third of their own costs.






(1)  OJ C 102, 1.5.2009.
Case T-274/07: Judgment of the General Court of 8 November 2011 — Zhejiang Harmonic Hardware Products v Council (Dumping — Imports of ironing boards originating in the People’s Republic of China and Ukraine — Market economy treatment — Rights of the defence — Offer of price undertakings — Confidential treatment of the complainants’ identity)
Date: 2011-11-08
Institutions: General Court
Subjects: China, Ukraine, anti-dumping duty, household article, import, market economy, originating product








C_2011370EN.01002201.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/22





Judgment of the General Court of 8 November 2011 — Zhejiang Harmonic Hardware Products v Council
(Case T-274/07) (1)

(Dumping - Imports of ironing boards originating in the People’s Republic of China and Ukraine - Market economy treatment - Rights of the defence - Offer of price undertakings - Confidential treatment of the complainants’ identity)
2011/C 370/34
Language of the case: English

Parties


Applicant: Zhejiang Harmonic Hardware Products Co. Ltd (Quzhou, Zhejiang, China) (represented by: R. MacLean, Solicitor, and Y. Melin, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, acting as Agents, B. O’Connor, Solicitor, and E. McGovern, Barrister)

Interveners in support of the defendant: European Commission (represented by H. van Vliet and K. Talabér-Ritz, acting as Agents); Vale Mill (Rochdale) Ltd (Rochdale, United Kingdom), Pirola SpA (Mapello, Italy) and Colombo New Scal SpA (Rovagnate, Italy) (represented by G. Berrisch and G. Wolf, lawyers)

Re:

Action for annulment of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine (OJ 2007 L 109, p. 12), in so far as it imposes an anti-dumping duty on imports of ironing boards manufactured by the applicant.

Operative part of the judgment

The Court:






1.


Annuls Articles 1 and 2 of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine, in so far as they impose a definitive anti-dumping duty and collect definitively the provisional duty on ironing boards manufactured by Zhejiang Harmonic Hardware Products Co. Ltd;










2.


Orders the Council of the European Union to bear its own costs and to pay those incurred by Zhejiang Harmonic Hardware Products;










3.


Orders the European Commission, Vale Mill (Rochdale) Ltd, Pirola SpA and Colombo New Scale SpA to bear their own costs.






(1)  OJ C 223, 22.9.2007.
Case T-25/10: Order of the General Court of 8 November 2011 — BASF Schweiz and BASF Lampertheim v Commission (Competition — Agreements, decisions and concerted practices — Market for tin stabilisers and ESBO/esters heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Withdrawal of the decision — Disappearance of the subject-matter of the proceedings — No need to adjudicate)
Date: 2011-11-08
Institutions: General Court
Subjects: chemical industry, fine, infringement of EU law, restriction on competition, unfair terms of contract








C_2012006EN.01001601.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/16





Order of the General Court of 8 November 2011 — BASF Schweiz and BASF Lampertheim v Commission
(Case T-25/10) (1)

(Competition - Agreements, decisions and concerted practices - Market for tin stabilisers and ESBO/esters heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Withdrawal of the decision - Disappearance of the subject-matter of the proceedings - No need to adjudicate)
2012/C 6/28
Language of the case: German

Parties


Applicants: BASF Schweiz AG, formerly BASF Speciality Chemicals Holding GmbH (Basel, Switzerland), and BASF Lampertheim GmbH (Lampertheim, Germany) (represented by: F. Montag and T. Wilson, lawyers)

Defendant: European Commission (represented by: F. Ronkes Agerbeek and R. Sauer, Agents, and W. Berg, lawyer)

Re:

Application for the annulment of Articles 1 and 2 of Commission Decision final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers) in so far as those provisions concern the applicants and, in the alternative, an application for a reduction of the fines imposed on the applicants in Article 2 of that decision.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The European Commission shall bear its own costs.






(1)  OJ C 100, 17.4.2010.
Information communicated by Member States regarding closure of fisheries
Date: 2011-11-08
Institutions: European Commission
Subjects: Atlantic Ocean, France, Spain, catch of fish, catch quota, common fisheries policy, sea fish








C_2011323EN.01000901.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/9





Information communicated by Member States regarding closure of fisheries
2011/C 323/07
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


28.9.2011




Duration


28.9.2011-31.12.2011




Member State


Spain




Stock or Group of stocks


SOL/8AB.




Species


Common sole (Solea solea)




Zone


VIIIa and VIIIb




Type(s) of fishing vessels


—




Reference number


1080664




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Case T-37/08: Judgment of the General Court of 8 November 2011 — Walton v Commission (Implementation of the budget — Recovery — Offsetting of amounts receivable — Retroactive effect — Judgment of the General Court ordering the Commission to pay damages and interest — Amount receivable to be certain, of a fixed amount and due)
Date: 2011-11-08
Institutions: General Court
Subjects: action for annulment, implementation of the budget, indemnification








C_2011370EN.01002202.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/22





Judgment of the General Court of 8 November 2011 — Walton v Commission
(Case T-37/08) (1)

(Implementation of the budget - Recovery - Offsetting of amounts receivable - Retroactive effect - Judgment of the General Court ordering the Commission to pay damages and interest - Amount receivable to be certain, of a fixed amount and due)
2011/C 370/35
Language of the case: English

Parties


Applicant: Robert Walton (Oxford, United Kingdom) (represented by: D. Beard, Barrister)

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Action for annulment of the Commission Decision of 16 November 2007 to recover by offsetting the sum of EUR 36 551,58 due to it by the applicant.

Operative part of the judgment

The Court:






1.


Annuls the Commission decision of 16 November 2007 to the extent that it includes interest incurred after 12 July 2007 in the amounts offset;










2.


Orders each party to bear its own costs.






(1)  OJ C 92, 12.4.2008.
2011/732/: Council Decision of 8 November 2011 on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services
Date: 2011-11-08
Institutions: Council of the European Union
Subjects: Cabo Verde, agreement (EU), air transport, ratification of an agreement








L_2011294EN.01000301.xml










12.11.2011   


EN


Official Journal of the European Union


L 294/3








            COUNCIL DECISION
         
of 8 November 2011
         
on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services
(2011/732/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with point (a) of Article 218(6) and the first subparagraph of Article 218(8) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


In its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.












(2)


On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services with the Republic of Cape Verde (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.












(3)


The Agreement was signed on behalf of the Union on 23 March 2011 subject to its possible conclusion at a later date, in conformity with Council Decision 2011/228/EU (1).












(4)


The Agreement should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services (the Agreement) is hereby approved on behalf of the Union (2).


Article 2
The President of the Council is authorised to designate the person empowered to make the notification provided in Article 8(1) of the Agreement.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 8 November 2011.


For the Council


The President

J. VINCENT-ROSTOWSKI
            





(1)  
            OJ L 96, 9.4.2011, p. 1.

(2)  The Agreement has been published in OJ L 96, 9.4.2011, p. 2 together with the Decision on the signing.
Information communicated by Member States regarding closure of fisheries
Date: 2011-11-08
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, Norway, catch of fish, catch quota, common fisheries policy, sea fish








C_2011323EN.01000601.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/6





Information communicated by Member States regarding closure of fisheries
2011/C 323/04
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.10.2011




Duration


10.10.2011-31.12.2011




Member State


The Netherlands




Stock or Group of stocks


ANF/04-N.




Species


Anglerfish (Lophiidae)




Zone


Norwegian waters of IV




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.