do-me/EUR-LEX huggingface dataset:
Case F-9/11: Judgment of the Civil Service Tribunal (First Chamber) of 15 December 2011 — Sabbag Afota v Council (Civil service — Officials — Reports — Promotion — 2010 promotion exercise — No staff report)
Date: 2011-12-15
Institutions: Civil Service Tribunal
Subjects: assistant, competition (EU), promotion








C_2012032EN.01004303.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/43





Judgment of the Civil Service Tribunal (First Chamber) of 15 December 2011 — Sabbag Afota v Council
(Case F-9/11) (1)

(Civil service - Officials - Reports - Promotion - 2010 promotion exercise - No staff report)
2012/C 32/86
Language of the case: French

Parties


Applicant: Verónica Sabbag Afota (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, agents)

Re:

Action to annul the decision of the appointing authority not to promote the applicant to grade AD 11 in the 2010 promotion exercise.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action brought by Ms Sabbag Afota;










2.


Orders Ms Sabbag Afota to bear her own costs and to pay the costs of the Council of the European Union.






(1)  OJ C 152 of 21.05.11, p. 33.
Case T-285/11: Order of the General Court of 15 December 2011 — Gooré v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in Côte d’Ivoire — Withdrawal of the list of persons concerned — Action for annulment — No need to adjudicate — Action for damages — Action manifestly unfounded)
Date: 2011-12-15
Institutions: General Court
Subjects: Côte d'Ivoire, common foreign and security policy, economic sanctions, indemnification, international sanctions








C_2012049EN.01002402.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/24





Order of the General Court of 15 December 2011 — Gooré v Council
(Case T-285/11) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in Côte d’Ivoire - Withdrawal of the list of persons concerned - Action for annulment - No need to adjudicate - Action for damages - Action manifestly unfounded)
2012/C 49/44
Language of the case: French

Parties


Applicant: Charles Kader Gooré (Abidjan, Côte d'Ivoire) (represented by: F. Meynot, lawyer)

Defendant: Council of the European Union (represented by: B. Driessen, G. Étienne and M. Chavrier, acting as Agents)

Re:

Firstly, annulment of Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (OJ 2011 L 93, p. 10), as regards the applicant’s name and, secondly, an application for damages.

Operative part of the order







1.


There is no further need to adjudicate on the application for annulment of Council Regulation (EU) No 330/2011 of 6 April 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire.










2.


The application for damages is dismissed.










3.


Each party shall bear its own costs.










4.


There is no need to adjudicate on the application for leave to intervene by the European Commission.






(1)  OJ C 238, 13.8.2011.
Case T-27/11: Order of the General Court of 15 December 2011 — Rheinischer Sparkassen- und Giroverband v Commission
Date: 2011-12-15
Institutions: General Court
Subjects: Germany, State aid, banking system, control of State aid








C_2012039EN.01002103.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/21






Order of the General Court of 15 December 2011 — Rheinischer Sparkassen- und Giroverband v Commission
(Case T-27/11) (1)

(2012/C 39/42)
Language of the case: German
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 72, 5.3.2011.
Case T-649/11: Action brought on 15 December 2011 — Cham v Council of the European Union
Date: 2011-12-15
Institutions: General Court
Subjects: Syria, economic sanctions, international sanctions








C_2012039EN.01002001.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/20






Action brought on 15 December 2011 — Cham v Council of the European Union
(Case T-649/11)
(2012/C 39/38)
Language of the case: French

Parties


Applicant: Cham Holding Co. SA (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:






—


declare the applicant’s action to be admissible, and consequently:










—


annul Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria and Council Regulation (EU) No 950/2011 of 23 September 2011 amending Regulation (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria, in so far as those measures relate to the applicant, in that they add its name to the list of entities covered by Article 5 of Regulation (EU) No 442/2011 of 9 May 2011 and Articles 3 and 4 of Decision 2011/273/CFSP of 9 May 2011;










—


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





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in which are essentially identical or similar to those relied on in Case T-433/11 Makhlouf v Council. (1)



(1)  OJ 2011 C 290, p. 14.
Notice regarding the adaptation in line with inflation of certain amounts laid down in the Reinsurance Directive
Date: 2011-12-15
Institutions: European Commission
Subjects: financial solvency, inflation, insurance company, reinsurance








C_2011365EN.01000401.xml










15.12.2011   


EN


Official Journal of the European Union


C 365/4





Notice regarding the adaptation in line with inflation of certain amounts laid down in the Reinsurance Directive
2011/C 365/05
In accordance with Article 41 of Directive 2005/68/EC (1) on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, the amounts laid down in euros in Article 40(2) were reviewed in 2011 in order to take account of changes in the European index of consumer prices comprising all Member States, as published by Eurostat.
As a result of the review, the amounts laid down in euros are increased from EUR 3 200 000 to EUR 3 400 000 and from EUR 1 100 000 to EUR 1 200 000.
The Commission Services have informed the European Parliament and the Council of the review and the adapted amounts.


(1)  OJ L 323, 9.12.2005, p. 1.
Case T-431/07: Order of the General Court of 15 December 2011 — Gebr. Heller Maschinenfabrik v OHIM (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2011-12-15
Institutions: General Court
Subjects: EU trade mark, machine-tool industry, registered trade mark, trade-mark law








C_2012039EN.01001302.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/13






Order of the General Court of 15 December 2011 — Gebr. Heller Maschinenfabrik v OHIM
(Case T-431/07) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
(2012/C 39/25)
Language of the case: German

Parties


Applicant: Gebr. Heller Maschinenfabrik GmbH (Nürtingen, Germany) (represented by: W. Keßler and S. Baur, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner, and subsequently by: R. Pethke, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Manuel Fernández Martinez (Elche, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 974/2006-2), concerning opposition proceedings between Manuel Fernández Martinez and Gebr. Heller Maschinenfabrik GmbH.

Operative part of the order







1.


There is no further need to adjudicate in the action.










2.


The applicant shall pay the costs.






(1)  OJ C 37, 9.2.2008.
Case T-437/08: Judgment of the General Court of 15 December 2011 — CDC Hydrogene Peroxide v Commission (Access to documents — Regulation (EC) No 1049/2001 — Statement of contents of the administrative file relating to a cartel proceeding — Refusal of access — Exception concerning the protection of the commercial interests of a third party — Exception relating to protection of the purpose of inspections, investigations and audits)
Date: 2011-12-15
Institutions: General Court
Subjects: access to EU information, disciplinary proceedings, restriction on competition








C_2012032EN.01001803.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/18





Judgment of the General Court of 15 December 2011 — CDC Hydrogene Peroxide v Commission
(Case T-437/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Statement of contents of the administrative file relating to a cartel proceeding - Refusal of access - Exception concerning the protection of the commercial interests of a third party - Exception relating to protection of the purpose of inspections, investigations and audits)
2012/C 32/34
Language of the case: German

Parties


Applicant: CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide) (Brussels, Belgium) (represented initially by R. Wirtz, subsequently by R. Wirtz and S. Echement and finally by T. Funke, A. Kirschstein and D. Stein, lawyers)

Defendant: European Commission (represented initially by P. Costa de Oliveira, A. Antoniadis and O. Weber, and subsequently by A. Bouquet, P. Costa de Oliveira and A. Antoniadis, acting as Agents)

Intervener in support of the applicant: Kingdom of Sweden (represented by: A. Falk, K. Petkovska and S. Johannesson, acting as Agents)

Intervener in support of the defendant: Evonik Degussa GmbH (Essen, Germany) (represented initially by C. Steinle, and then by C. Steinle and M. Holm-Hadulla, lawyers)

Re:

Application for annulment of Commission decision SG.E3/MM/psi D(2008) 6658 of 8 August 2008 refusing full access to the statement of contents of the case-file in Case COMP/F/38.620 — Hydrogen peroxide and perborate.

Operative part of the judgment

The Court:






1.


Annuls Decision SG.E3/MM/psi D(2008) 6658 of the Commission of 8 August 2008 refusing full access to the statement of contents of the case-file in Case COMP/F/38.620 — Hydrogen peroxide and perborate;










2.


Orders the European Commission to bear its own costs and pay those incurred by CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide);










3.


Orders the Kingdom of Sweden and Evonik Degussa to pay their own costs.






(1)  OJ C 313, 6.12.2008.
Non-opposition to a notified concentration (Case COMP/M.6225 — Molaris/Commerz Real/RWE/Amprion)  Text with EEA relevance
Date: 2011-12-15
Institutions: European Commission
Subjects: economic concentration, energy industry, industrial manufacturing, investment company, merger control, technology








C_2011365EN.01000201.xml










15.12.2011   


EN


Official Journal of the European Union


C 365/2





Non-opposition to a notified concentration
(Case COMP/M.6225 — Molaris/Commerz Real/RWE/Amprion)
(Text with EEA relevance)
2011/C 365/03
On 23 August 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 German 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 32011M6225. EUR-Lex is the on-line access to the European law.
Recruitment for the European Medicines Agency (London)
Date: 2011-12-15
Institutions: European Medicines Agency
Subjects: European Medicines Agency, London, invitation to tender, recruitment








CA2011365EN.01000101.xml










15.12.2011   


EN


Official Journal of the European Union


CA 365/1





RECRUITMENT FOR THE EUROPEAN MEDICINES AGENCY (LONDON)
(2011/C 365 A/01)

The Agency is responsible for coordinating the evaluation and supervision of medicinal products for human and veterinary use in the European Union (see Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 136, 30.4.2004, p. 1)). The Agency was established in January 1995. It has many close contacts with the European Commission, the 27 EU Member States, EEA-EFTA countries and many other groups in government and the private sector.


Further information on the Agency and its activities is readily accessible through the Internet; our web address is http://www.ema.europa.eu

The European Medicines Agency (EMA) is organising a selection procedure with a view to drawing up a reserve list for:






 



EMA/AD/331: Administrator, SAP Specialist, ICT User and Application Support, Information and Communications Technology Unit (AD 8)





Selected candidates will be included on a reserve list and, depending on the budgetary situation, may be offered a 5-year renewable contract in accordance with the Conditions of Employment of Other Servants of the European Union (OJ L 56, 4.3.1968).
The place of employment shall be London.
Candidates must be nationals of a Member State of the European Union, or of Iceland, Liechtenstein or Norway, on condition that they have full rights as a citizen.

The complete conditions and job description should be downloaded from the Agency website:


http://www.ema.europa.eu/htms/general/admin/recruit/recruitnew.htm


Applications have to be submitted electronically using the form available on the Agency website. The deadline for submission of application forms is 12 January 2012 at midnight.


Please note that due to the large number of applications the Agency may receive, when reaching the deadline for submission of applications the system may have problems to process the large amounts of data. Applicants are therefore advised to send in their application well ahead of the deadline.

If you wish to receive notification of vacancy publications electronically please register online for an RSS feed at: http://www.ema.europa.eu/, under ‘RSS news feeds’.
Case F-30/10: Judgment of the Civil Service Tribunal (First Chamber) of 15 December 2011 — de Fays v Commission (Civil service — Officials — Social security — Insurance against occupational diseases and accidents — Article 73 of the Staff Regulations — Refusal to recognise the occupational origin of a disease)
Date: 2011-12-15
Institutions: Civil Service Tribunal
Subjects: European civil service, occupational accident insurance, personal accident insurance








C_2012032EN.01004302.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/43





Judgment of the Civil Service Tribunal (First Chamber) of 15 December 2011 — de Fays v Commission
(Case F-30/10) (1)

(Civil service - Officials - Social security - Insurance against occupational diseases and accidents - Article 73 of the Staff Regulations - Refusal to recognise the occupational origin of a disease)
2012/C 32/85
Language of the case: French

Parties


Applicant: Philippe de Fays (Malèves-Sainte-Marie-Wastines, Belgium) (represented by: N. Soldatos, then by N. Soldatos and C. Eyben, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, agents, and by J.-L. Fagnart, lawyer)

Re:

Action to annul the decision refusing to recognise the occupational origin of the disease suffered by the applicant.

Operative part of the judgment

The Tribunal:






1.


dismisses the action brought by Mr de Fays;










2.


orders Mr de Fays to pay all the costs.






(1)  OJ C 179 of 03.07.10, p. 59.
Non-opposition to a notified concentration (Case COMP/M.6407 — Apache/Mobil North Sea)  Text with EEA relevance
Date: 2011-12-15
Institutions: European Commission
Subjects: economic concentration, merger control, natural gas, oil industry








C_2011365EN.01000101.xml










15.12.2011   


EN


Official Journal of the European Union


C 365/1





Non-opposition to a notified concentration
(Case COMP/M.6407 — Apache/Mobil North Sea)
(Text with EEA relevance)
2011/C 365/01
On 8 December 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 32011M6407. EUR-Lex is the on-line access to the European law.
Corrigendum to Implementing Regulation of the Council (EU) No 400/2010 of 26 April 2010 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating, inter alia, in the People’s Republic of China to imports of steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, and terminating the investigation in respect of imports consigned from Malaysia ( OJ L 117, 11.5.2010 )
Date: 2011-12-15
Institutions: Council of the European Union
Subjects: China, Malaysia, South Korea, anti-dumping duty, originating product, steel








L_2011332EN.01002601.xml










15.12.2011   


EN


Official Journal of the European Union


L 332/26







Corrigendum to Implementing Regulation of the Council (EU) No 400/2010 of 26 April 2010 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating, inter alia, in the People’s Republic of China to imports of steel ropes and cables consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, and terminating the investigation in respect of imports consigned from Malaysia
(
Official Journal of the European Union L 117 of 11 May 2010
)

On page 11, Article 1, table, second column ‘Company’, fourth entry:
for:

               ‘
               Cosmo Wire Ltd, 447-1, Koyeon-Ri, Woong Chon-Myon Ulju-Kun, Ulsan
               ’,
read:

               ‘
               Cosmo Wire Ltd, 4-10, Koyeon-Ri, Woong Chon-Myon Ulju-Kun, Ulsan
               ’.
Case C-642/11: Reference for a preliminary ruling from the Administrativen Sad — Varna (Bulgaria) lodged on 15 December 2011 — EOOD Stroy Trans v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia po Prihodite
Date: 2011-12-15
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, invoicing, principle of proportionality, tax inspection








C_2012080EN.01000902.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/9





Reference for a preliminary ruling from the Administrativen Sad — Varna (Bulgaria) lodged on 15 December 2011 — EOOD Stroy Trans v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia po Prihodite
(Case C-642/11)
2012/C 80/12
Language of the case: Bulgarian

Referring court

Administrativen Sad — Varna

Parties to the main proceedings


Applicant: EOOD Stroy Trans

Defendant: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia po Prihodite

Questions referred







1.


Must Article 203 of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax be interpreted as meaning that VAT entered by a person on an invoice shall be payable regardless of whether there are grounds for entering it on the invoice (lack of a supply or of services or a payment), and as meaning that the authorities who review the application of the Zakon za danak varhu dobavenata stoynost (Law on VAT) are not authorised to carry out adjustments to the tax entered on the invoice by a person in the light of a national provision pursuant to which an invoice may only be adjusted by its issuer?










2.


Are the principles of fiscal neutrality, proportionality and of legitimate expectations infringed by a practice in the administration and in the courts, under which one party (the person named in the invoice as the buyer) is refused the right to deduct input VAT by means of a tax assessment notice, whilst in relation to the other party (the issuer of the invoice) no adjustment of the VAT entered on the invoice is carried out, again by means of a tax assessment notice, specifically in the following cases:






—


the issuer of the invoice did not submit any documents for the purposes of the tax assessment conducted in relation to him;










—


the issuer of the invoice submitted documents during the tax assessment procedure but his suppliers did not submit any evidence or on the basis of the evidence submitted it is not possible to establish that the goods or services were actually supplied;










—


during the tax assessment procedure to which the issuer of the invoices was subjected, the supplies at issue in the chain were not reviewed?










(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case T-377/09: Judgment of the General Court of 15 December 2011 — Mövenpick v OHIM (PASSIONATELY SWISS) (Community trade mark — Application for Community word mark PASSIONATELY SWISS — Absolute grounds for refusal — Geographical indication of origin — Lack of distinctive character)
Date: 2011-12-15
Institutions: General Court
Subjects: EU trade mark, hotel industry, registered trade mark, trade-mark law








C_2012032EN.01002102.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/21





Judgment of the General Court of 15 December 2011 — Mövenpick v OHIM (PASSIONATELY SWISS)
(Case T-377/09) (1)

(Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character)
2012/C 32/40
Language of the case: German

Parties


Applicant: Mövenpick-Holding (Cham, Swizerland) (represented by: M. Taxhet, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Mövenpick Holding to pay the costs.






(1)  OJ C 282, 21.11.2009.