do-me/EUR-LEX huggingface dataset:
Case T-58/11: Judgment of the General Court of 15 November 2011 — Nolin v Commission (Appeal — Civil service — Officials — Promotion — Withdrawal of merit points and priority points following a promotion on the basis of Article 29 of the Staff Regulations — Legal basis — Competence of the author of the act — Principle of non-discrimination)
Date: 2011-11-15
Institutions: General Court
Subjects: indemnification, promotion, rights of civil servants, rights of the defence, staff assessment








C_2012006EN.01001502.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/15





Judgment of the General Court of 15 November 2011 — Nolin v Commission
(Case T-58/11) (1)

(Appeal - Civil service - Officials - Promotion - Withdrawal of merit points and priority points following a promotion on the basis of Article 29 of the Staff Regulations - Legal basis - Competence of the author of the act - Principle of non-discrimination)
2012/C 6/27
Language of the case: French

Parties


Appellant: Michel Nolin (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Other party to the proceedings: European Commission (represented by: J. Baquero Cruz, acting as Agent, and D. Waelbroeck, lawyer)

Re:

Appeal brought against the against the judgment of the Civil Service Tribunal (Third Chamber) of 1 December 2010, delivered in Case F-82/09 Nolin v Commission, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Michel Nolin to bear his own costs and to pay those incurred by the European Commission in the appeal.






(1)  OJ C 89, 19.3.2011.
Euro exchange rates
Date: 2011-11-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2011334EN.01000401.xml










15.11.2011   


EN


Official Journal of the European Union


C 334/4





Euro exchange rates (1)

14 November 2011
2011/C 334/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3659




JPY


Japanese yen


105,18




DKK


Danish krone


7,4430




GBP


Pound sterling


0,85660




SEK


Swedish krona


9,1146




CHF


Swiss franc


1,2368




ISK


Iceland króna


 




NOK


Norwegian krone


7,7540




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,743




HUF


Hungarian forint


315,60




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7012




PLN


Polish zloty


4,3956




RON


Romanian leu


4,3505




TRY


Turkish lira


2,4336




AUD


Australian dollar


1,3351




CAD


Canadian dollar


1,3886




HKD


Hong Kong dollar


10,6264




NZD


New Zealand dollar


1,7448




SGD


Singapore dollar


1,7594




KRW


South Korean won


1 537,97




ZAR


South African rand


10,8853




CNY


Chinese yuan renminbi


8,6813




HRK


Croatian kuna


7,4793




IDR


Indonesian rupiah


12 245,16




MYR


Malaysian ringgit


4,2848




PHP


Philippine peso


59,100




RUB


Russian rouble


41,6522




THB


Thai baht


42,056




BRL


Brazilian real


2,4080




MXN


Mexican peso


18,4733




INR


Indian rupee


68,8070






(1)  Source: reference exchange rate published by the ECB.
Case T-434/10: Judgment of the General Court of 15 November 2011 — Hrbek v OHIM — Outdoor Group (ALPINE PRO SPORTSWEAR & EQUIPMENT) (Community trade mark — Opposition proceedings — Application for the Community figurative mark ALPINE PRO SPORTSWEAR & EQUIPMENT — Earlier Community figurative mark ‘alpine’ — Misuse of power — Article 65(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009)
Date: 2011-11-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, sports equipment, textile product, trade-mark law








C_2012006EN.01001403.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/14





Judgment of the General Court of 15 November 2011 — Hrbek v OHIM — Outdoor Group (ALPINE PRO SPORTSWEAR & EQUIPMENT)
(Case T-434/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark ALPINE PRO SPORTSWEAR & EQUIPMENT - Earlier Community figurative mark ‘alpine’ - Misuse of power - Article 65(2) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009)
2012/C 6/25
Language of the case: English

Parties


Applicant: Václav Hrbek (Augustinova, Czech Republic) (represented by: C. Jäger, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: The Outdoor Group Ltd (Northampton, United Kingdom) (represented by: S. Malynicz, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 July 2010 (Case R 1441/2009-2) concerning opposition proceedings between The Outdoor Group Ltd and Mr Václav Hrbek.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Václav Hrbek to pay the costs.






(1)  OJ C 328, 4.12.2010.
Joined Cases T-170/10 and T-340/10: Judgment of the General Court (Sixth Chamber) of 15 November 2011 — CTG Luxembourg PSF v Court of Justice (Public service contracts — Procurement procedure — Provision of support services to IT systems users — Rejection of a tenderer’s bid because it was lodged out of time — Award of contract to another tenderer — Action for annulment — Non-contractual liability)
Date: 2011-11-15
Institutions: General Court
Subjects: Luxembourg, award of contract, civil liability, invitation to tender, provision of services, telecommunications industry








C_2012006EN.01001302.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/13





Judgment of the General Court (Sixth Chamber) of 15 November 2011 — CTG Luxembourg PSF v Court of Justice
(Joined Cases T-170/10 and T-340/10) (1)

(Public service contracts - Procurement procedure - Provision of support services to IT systems users - Rejection of a tenderer’s bid because it was lodged out of time - Award of contract to another tenderer - Action for annulment - Non-contractual liability)
2012/C 6/21
Language of the case: French

Parties


Applicant: Computer Task Group Luxembourg PSF SA (CTG Luxembourg PSF) (Bertrange, Luxembourg) (represented by: M. Thewes and B. Marthoz, lawyers)

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

Re:

Applications (i) for annulment, first, of decision of the Court of Justice of 9 February 2010 to reject the tender submitted by the consortium of which the applicant is a member in the context of procurement procedure reference AO 008/2009 entitled ‘1st and 2nd level support for the users of IT and telephone systems, call centre, end user hardware management’ and, secondly, of the decision of 5 March 2010 confirming the rejection and, thirdly, the decision to award the contract to another tenderer, and (ii) for compensation for the loss allegedly incurred by the applicant as a result of those decisions.

Operative part of the judgment

The Court:






1.


Dismisses the applications;










2.


Orders Computer Task Group Luxembourg PSF SA (CTG Luxembourg PSF) to pay the costs.






(1)  OJ C 161, 19.6.2010.
Case C-539/09: Judgment of the Court (Grand Chamber) of 15 November 2011 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Court of Auditors’ declared intention to carry out audits in a Member State — Member State’s objection — Powers of the Court of Auditors — Article 248 EC — Audit of the cooperation of the national administrative authorities in the field of value added tax — Regulation (EC) No 1798/2003 — Community revenue — Own resources accruing from value added tax)
Date: 2011-11-15
Institutions: Court of Justice
Subjects: European Court of Auditors, VAT, administrative cooperation, tax inspection








C_2012025EN.01000502.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/5






Judgment of the Court (Grand Chamber) of 15 November 2011 — European Commission v Federal Republic of Germany
(Case C-539/09) (1)

(Failure of a Member State to fulfil obligations - Court of Auditors’ declared intention to carry out audits in a Member State - Member State’s objection - Powers of the Court of Auditors - Article 248 EC - Audit of the cooperation of the national administrative authorities in the field of value added tax - Regulation (EC) No 1798/2003 - Community revenue - Own resources accruing from value added tax)
(2012/C 25/08)
Language of the case: German

Parties


Applicant: European Commission (represented by: A. Caeiros and B. Conte, acting as Agents)

Defendant: Federal Republic of Germany (represented by: C. Blaschke and N. Graf Vitzthum, acting as Agents)

Intervening parties in support of the applicant: European Parliament (represented by: R. Passos and E. Waldherr, acting as Agents), Court of Auditors of the European Union, (represented initially by R. Crowe, and subsequently by T. Kennedy and B. Schäfer, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 10 EC and Article 248(1), (2) and (3) EC, and of Article 140(2) and Article 142(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1) — Refusal to allow the Court of Auditors to carry out checks in Germany concerning administrative cooperation in the field of value added tax — Scope of the Court of Auditors’ audit powers

Operative part of the judgment

The Court:






1.


Declares that, by objecting to the conduct by the Court of Auditors of the European Union of audits in Germany concerning administrative cooperation under Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative cooperation in the field of value added tax and the provisions for its implementation, the Federal Republic of Germany has failed to fulfil its obligations under Article 248(1) to (3) EC;










2.


Dismisses the action as to the remainder;










3.


Orders the Federal Republic of Germany to pay the costs;










4.


Orders the European Parliament and the Court of Auditors of the European Union to bear their own costs.






(1)  OJ C 51, 27.2.2010.
EU-Jordan Euro-Mediterranean aviation agreement *** European Parliament legislative resolution of 15 November 2011 on the draft decision of the Council and the representatives of the governments of the Member States, meeting within the Council, on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (09189/2011 – C7-0122/2011 – 2010/0180(NLE))
Date: 2011-11-15
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Jordan, Union for the Mediterranean, agreement (EU), air transport, ratification of an agreement








CE2013153EN.01016901.xml










31.5.2013   


EN


Official Journal of the European Union


CE 153/169





Tuesday 15 November 2011EU-Jordan Euro-Mediterranean aviation agreement ***
P7_TA(2011)0480
European Parliament legislative resolution of 15 November 2011 on the draft decision of the Council and the representatives of the governments of the Member States, meeting within the Council, on the conclusion of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (09189/2011 – C7-0122/2011 – 2010/0180(NLE))
2013/C 153 E/27
(Consent)

The European Parliament,






—


having regard to the draft decision of the Council and the representatives of the governments of the Member States, meeting within the Council (09189/2011),










—


having regard to the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (14366/2010),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v) and Article 218(8), first subparagraph, of the Treaty on the Functioning of the European Union (C7-0122/2011),










—


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










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0347/2011),










1.


Consents to the 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 Hashemite Kingdom of Jordan.
Information communicated by Member States regarding closure of fisheries
Date: 2011-11-15
Institutions: European Commission
Subjects: Norway, Spain, catch of fish, catch quota, common fisheries policy, sea fish








C_2011334EN.01000701.xml










15.11.2011   


EN


Official Journal of the European Union


C 334/7





Information communicated by Member States regarding closure of fisheries
2011/C 334/06
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


6.7.2011




Duration


6.7.2011-31.12.2011




Member State


Spain




Stock or Group of stocks


COD/1N2AB.




Species


Cod (Gadus morhua)




Zone


Norwegian waters of I and II




Type(s) of fishing vessels


—




Reference number


1096085




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.
EU-Georgia common aviation area agreement *** European Parliament legislative resolution of 15 November 2011 on the draft decision of the Council and the representatives of the governments of the Member States, meeting within the Council, on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States and Georgia (09185/2011 – C7-0124/2011 – 2010/0186(NLE))
Date: 2011-11-15
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Georgia, agreement (EU), air safety, air traffic, air traffic control, competition, ratification of an agreement








CE2013153EN.01016902.xml










31.5.2013   


EN


Official Journal of the European Union


CE 153/169





Tuesday 15 November 2011EU-Georgia common aviation area agreement ***
P7_TA(2011)0481
European Parliament legislative resolution of 15 November 2011 on the draft decision of the Council and the representatives of the governments of the Member States, meeting within the Council, on the conclusion of the Common Aviation Area Agreement between the European Union and its Member States and Georgia (09185/2011 – C7-0124/2011 – 2010/0186(NLE))
2013/C 153 E/28
(Consent)

The European Parliament,







—


having regard to the draft decision of the Council and the representatives of the governments of the Member States, meeting within the Council (09185/2011),










—


having regard to the draft Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part (14370/2010),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v), and Article 218(8), first subparagraph, of the Treaty on the Functioning of the European Union (C7-0124/2011),










—


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 (A7-0344/2011),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council and the Commission and to the governments and parliaments of the Member States and of the Republic of Georgia.
Case T-363/10: Judgment of the General Court of 15 November 2011 — Abbot Laboratories v OHIM (RESTORE) (Community trade mark — Application for the Community word mark RESTORE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Infringement of the right to be heard — Obligation to state the reasons on which the decision is based — Article 75 of Regulation No 207/2009)
Date: 2011-11-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, medical device, trade-mark law








C_2012006EN.01001402.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/14





Judgment of the General Court of 15 November 2011 — Abbot Laboratories v OHIM (RESTORE)
(Case T-363/10) (1)

(Community trade mark - Application for the Community word mark RESTORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Infringement of the right to be heard - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009)
2012/C 6/24
Language of the case: German

Parties


Applicant: Abbott Laboratories (Abbot Park, Illinois, United States) (represented by: M. Kinkeldey, S. Schäffler and J. Springer, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1560/2009-1), concerning an application for registration of the word mark RESTORE as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders Abbott Laboratories to pay the costs.






(1)  OJ C 288, 23.10.2010
Case T-263/08: Order of the General Court of 15 November 2011 — Becker Flugfunkwerk v OHIM — Harman Becker Automotive Systems (BECKER AVIONIC SYSTEMS) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)
Date: 2011-11-15
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, telecommunications equipment, trade-mark law








C_2012025EN.01005102.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/51






Order of the General Court of 15 November 2011 — Becker Flugfunkwerk v OHIM — Harman Becker Automotive Systems (BECKER AVIONIC SYSTEMS)
(Case T-263/08) (1)

(Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate)
(2012/C 25/99)
Language of the case: English

Parties


Applicant: Becker Flugfunkwerk GmbH (Rheinmünster, Germany) (represented by: O. Griebenow, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Harman Becker Automotive Systems GmbH (Karlsbad, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 April 2008 (Case R 398/2007 1) relating to opposition proceedings between Harman Becker Automotive Systems GmbH and Becker Flugfunkwerk GmbH.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant shall bear its own costs and pay those incurred by the defendant.






(1)  OJ C 223, 30.8.2008.
Case C-573/11 P: Appeal brought on 15 November 2011 by ClientEarth against the order of the General Court (Sixth Chamber) delivered on 6 September 2011 in Case T-452/10: ClientEarth, supported by Kingdom of Denmark, Republic of Finland and Kingdom of Sweden, v Council of the European Union
Date: 2011-11-15
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, access to EU information, exchange of information








C_2012039EN.01000901.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/9






Appeal brought on 15 November 2011 by ClientEarth against the order of the General Court (Sixth Chamber) delivered on 6 September 2011 in Case T-452/10: ClientEarth, supported by Kingdom of Denmark, Republic of Finland and Kingdom of Sweden, v Council of the European Union
(Case C-573/11 P)
(2012/C 39/15)
Language of the case: English

Parties


Appellant: ClientEarth (represented by: P. Kirch, avocat)

Other parties to the proceedings: Kingdom of Denmark, Republic of Finland, Kingdom of Sweden, Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


set aside the General Court's order of 6 September 2011 in Case T-452/10










—


order the Council of the European Union to pay all costs.





Pleas in law and main arguments

The appellant submits that the General Court erred in law in its interpretation of the concepts of ‘independence’ and ‘third party’ in the context of the application of the first, third and fourth paragraphs of Article 19 of the Statute of the Court of Justice and Article 43(1) of the Rules of Procedure.
Case T-269/11 R: Order of the President of the General Court of 15 November 2011 — Xeda International v Commission (Application for interim measures — Plant protection products — Active substance ethoxyquin — Non-inclusion of ethoxyquin in Annex I to Directive 91/414/EEC — Withdrawal of authorisations for plant protection products containing ethoxyquin — Application to suspend the operation of a measure — Lack of urgency)
Date: 2011-11-15
Institutions: General Court
Subjects: market approval, pesticide, withdrawal from the market








C_2012025EN.01005202.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/52






Order of the President of the General Court of 15 November 2011 — Xeda International v Commission
(Case T-269/11 R)
(Application for interim measures - Plant protection products - Active substance ethoxyquin - Non-inclusion of ethoxyquin in Annex I to Directive 91/414/EEC - Withdrawal of authorisations for plant protection products containing ethoxyquin - Application to suspend the operation of a measure - Lack of urgency)
(2012/C 25/102)
Language of the case: English

Parties


Applicant: Xeda International SA (Saint-Andiol, France) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Commission (represented by: D. Bianchi, G. von Rintelen and P. Ondrůšek, acting as Agents)

Re:

Application for suspension of operation of Commission Decision 2011/143/EU of 3 March 2011 concerning the non-inclusion of ethoxyquin in Annex I to Council Directive 91/414/EEC and amending Commission Decision 2008/941/EC (OJ 2011 L 59, p. 71) and, if necessary, other interim measures.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.