do-me/EUR-LEX huggingface dataset:
Case T-650/11: Action brought on 19 December 2011 — Dimension Data Belgium v Parliament
Date: 2011-12-19
Institutions: General Court
Subjects: administrative transparency, electronic mail, invitation to tender, principle of proportionality








C_2012073EN.01002801.xml










10.3.2012   


EN


Official Journal of the European Union


C 73/28





Action brought on 19 December 2011 — Dimension Data Belgium v Parliament
(Case T-650/11)
2012/C 73/55
Language of the case: French

Parties


Applicant: Dimension Data Belgium SA (Brussels, Belgium) (represented by: P. Levert and M. Velghe, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the European Parliament, notified to the applicant by email of 18 October 2011, to reject the applicant’s tender for lot No 1 of the contract PE-ITEC-DIT-ITIM-TELSIS and to award lot No 1 of that contract to the company BT Belgique;










—


order the European Parliament to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging failure to state the reasons for the contested decision as the Parliament did not communicate any characteristics of the successful tender to the applicant.










2.


Second plea in law, alleging infringement of the obligation of transparency which is incumbent on the Parliament under Articles 89, 92, 97 and 100 of the Financial Regulation (1) and Article 138 of the Implementing Rules (2) as the Parliament did not give a full, clear and precise definition of the criterion for evaluating the price of the tenders.










3.


Third plea in law, alleging a manifest error of assessment in describing the criteria for evaluating the quality of the tenders, infringement of the principle of proportionality and infringement of Article 138(2) of the Implementing Rules, as the contracting authority took into consideration an evaluation criterion which is not designed to identify the tender which is most economically advantageous.










4.


Fourth plea in law, alleging a manifest error of assessment in respect of the quality of the financial details and infringement of Article 139 of the Implementing Rules in the award of lot No 1 of the disputed contract to the company BT Belgique since its tender is unusually low, with the result that it should be rejected by the Parliament or, failing that, be regarded as not complying with the specifications.






(1)  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).

(2)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 357, p. 1)
2011/897/EU: European Council Decision of 19 December 2011 appointing a member of the Executive Board of the European Central Bank
Date: 2011-12-19
Institutions: European Council
Subjects: European Central Bank, appointment of members, decision-making body (EU)








L_2011345EN.01002101.xml










29.12.2011   


EN


Official Journal of the European Union


L 345/21








            EUROPEAN COUNCIL DECISION
         
of 19 December 2011
         
appointing a member of the Executive Board of the European Central Bank
(2011/897/EU)


THE EUROPEAN COUNCIL,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,


Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,


Having regard to the recommendation of the Council of the European Union (1),


Having regard to the opinion of the European Parliament (2),


Having regard to the opinion of the Governing Council of the European Central Bank (3),

Whereas:







(1)


By letter dated 10 November 2011, the President of the European Central Bank, Mr Mario DRAGHI announced the decision of Mr Lorenzo BINI SMAGHI to resign from his position on the Executive Board with effect from the end of 31 December 2011. It is therefore necessary to appoint a new member of the Executive Board of the European Central Bank.












(2)


The European Council wishes to appoint Mr Benoît COEURÉ who, in its view, fulfils all the requirements set out in Article 283(2) of the Treaty,





HAS ADOPTED THIS DECISION:



Article 1
Mr Benoît COEURÉ is hereby appointed a member of the Executive Board of the European Central Bank for a term of office of eight years as from 1 January 2012.


Article 2
This Decision shall be published in the Official Journal of the European Union.


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




Done at Brussels, 19 December 2011.


For the European Council


The President

H. VAN ROMPUY
            





(1)  Not yet published in the Official Journal.

(2)  Opinion delivered on 14 December 2011 (not yet published in the Official Journal).

(3)  Opinion delivered on 8 December 2011 (not yet published in the Official Journal).
Commission Implementing Regulation (EU) No 1361/2011 of 19 December 2011 entering a name in the register of protected designations of origin and protected geographical indications [Terre Aurunche (PDO)]
Date: 2011-12-19
Institutions: European Commission
Subjects: Italy, designation of origin, olive oil, product designation








L_2011341EN.01001901.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/19








            COMMISSION IMPLEMENTING REGULATION (EU) No 1361/2011
of 19 December 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Terre Aurunche (PDO)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy's application to register the name ‘Terre Aurunche’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 108, 7.4.2011, p. 14.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.5.   Oils and fats (butter, margarine, oils, etc.)

ITALY
Terre Aurunche (PDO)
Commission Implementing Regulation (EU) No 1363/2011 of 19 December 2011 entering a name in the register of protected designations of origin and protected geographical indications [Ciliegia dell'Etna (PDO)]
Date: 2011-12-19
Institutions: European Commission
Subjects: Italy, designation of origin, product designation, stone fruit








L_2011341EN.01002301.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/23








            COMMISSION IMPLEMENTING REGULATION (EU) No 1363/2011
of 19 December 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Ciliegia dell'Etna (PDO)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy's application to register the name ‧Ciliegia dell'Etna‧ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 109, 8.4.2011, p. 2.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals fresh or processed

ITALY
Ciliegia dell'Etna (PDO)
Council Implementing Regulation (EU) No 1345/2011 of 19 December 2011 implementing Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar
Date: 2011-12-19
Institutions: Council of the European Union
Subjects: Myanmar/Burma, arms control, economic sanctions, international sanctions, trade restriction








L_2011338EN.01001901.xml










21.12.2011   


EN


Official Journal of the European Union


L 338/19








            COUNCIL IMPLEMENTING REGULATION (EU) No 1345/2011
of 19 December 2011
         
implementing Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar (1), and in particular Article 18(5) thereof,

Whereas:







(1)


On 25 February 2008, the Council adopted Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar.












(2)


In accordance with Council Decision 2011/859/CFSP of 19 December 2011 amending Decision 2010/232/CFSP renewing restrictive measures against Burma/Myanmar (2), the information relating to one entity on the list in Annex V to Regulation (EC) No 194/2008 should be updated.












(3)


Annex V to Regulation (EC) No 194/2008 should be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
In Annex V to Regulation (EC) No 194/2008, the entry for Mayar (H.K) Ltd shall be replaced by the following:






                     ‘Mayar India Ltd (Yangon Branch)




37, Rm (703/4), Level (7), Alanpya Pagoda Rd, La Pyayt Wun Plaza, Dagon, Yangon.’
                  






Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.


For the Council


The President

M. KOROLEC
            





(1)  
            OJ L 66, 10.3.2008, p. 1.

(2)  See page 55 of this Official Journal.
2011/865/EU: Council Decision of 19 December 2011 appointing a member of the Scientific and Technical Committee
Date: 2011-12-19
Institutions: Council of the European Union
Subjects: appointment of members, scientific committee (EU), technical committee (EU)








L_2011341EN.01005301.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/53








            COUNCIL DECISION
         
of 19 December 2011
         
appointing a member of the Scientific and Technical Committee
(2011/865/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,


Having regard to the opinion of the European Commission,

Whereas:







(1)


By its Decision of 22 January 2008 (1), the Council appointed the members of the Scientific and Technical Committee (‘the Committee’) for the period 22 January 2008 to 22 January 2013.












(2)


Following the death of Mr Juan Antonio RUBIO RODRÍGUEZ, a seat on the Committee has become vacant. A new member should therefore be appointed,





HAS ADOPTED THIS DECISION:



Article 1
Mr Cayetano LÓPEZ is hereby appointed member of the Scientific and Technical Committee to replace Mr Juan Antonio RUBIO RODRÍGUEZ for the remainder of his term of office, which runs until 22 January 2013.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 19 December 2011.


For the Council


The President

M. KOROLEC
            





(1)  
            OJ C 21, 26.1.2008, p. 2.
2012/2/EU: Council Decision of 19 December 2011 appointing a Danish member of the Committee of the Regions
Date: 2011-12-19
Institutions: Council of the European Union
Subjects: Denmark, European Committee of the Regions, appointment of members








L_2012002EN.01000601.xml










5.1.2012   


EN


Official Journal of the European Union


L 2/6








            COUNCIL DECISION
         
of 19 December 2011
         
appointing a Danish member of the Committee of the Regions
(2012/2/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Danish Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. On 25 May 2010, Mr Jan BOYE was appointed as member until 25 January 2015 by Council Decision 2010/303/EU (3), following the resignation of Mr Jens Jørgen NYGAARD.












(2)


A member’s seat has become vacant following the death of Mr Jan BOYE,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






—


Mr Søren Pape POULSEN, borgmester, Viborg Kommune.






Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 19 December 2011.


For the Council


The President

M. KOROLEC
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.

(3)  
            OJ L 129, 28.5.2010, p. 69.
Council Decision No 895/2011/EU of 19 December 2011 amending Decision 2002/546/EC as regards its period of application
Date: 2011-12-19
Institutions: Council of the European Union
Subjects: Canary Islands, Spain, indirect tax, national tax, tax exemption, tax system








L_2011345EN.01001701.xml










29.12.2011   


EN


Official Journal of the European Union


L 345/17








            COUNCIL DECISION No 895/2011/EU
of 19 December 2011
         
amending Decision 2002/546/EC as regards its period of application


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof,


Having regard to the proposal from the European Commission,


After transmission of the draft legislative act to the national parliaments,


Having regard to the opinion of the European Parliament (1),


Acting in accordance with a special legislative procedure,

Whereas:







(1)


Council Decision 2002/546/EC (2) authorises Spain, up to 31 December 2011, to apply exemptions from or reductions in the tax known as ‘Arbitrio sobre las Importaciones y Entregas de Mercancías en las islas Canarias’ (hereinafter ‘the AIEM tax’) to certain products produced locally in the Canary Islands. The Annex to that Decision contains a list of products to which exemptions and reductions from the AIEM tax may be applied. The difference between the taxation of locally produced products and the taxation of other products may not exceed 5, 15 or 25 %, depending on the product.












(2)


It is justified to extend the period of application of Decision 2002/546/EC for two years, since the basic elements justifying the authorisation provided under that Decision have remained unchanged. In this regard, the report from the Commission to the Council of 28 August 2008 on the application of the special arrangements concerning the AIEM tax applicable in the Canary Islands confirmed that the AIEM tax was functioning in a satisfactory manner and without the need for any amendments to Decision 2002/546/EC.












(3)


Moreover, the report received by the Commission from the Spanish authorities confirms that the handicaps that justified the authorisation of total exemptions and partial reductions of the AIEM tax to a list of products produced locally in the Canary Islands are still valid.












(4)


Decision 2002/546/EC should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In the first sentence of Article 1(1) of Decision 2002/546/EC, the date ‘31 December 2011’ is replaced by that of ‘31 December 2013’.


Article 2
This Decision shall enter into force on the day of its adoption.


Article 3
This Decision is addressed to the Kingdom of Spain.




Done at Brussels, 19 December 2011.


For the Council


The President

M. KOROLEC
            





(1)  Opinion of 1 December 2011 (not yet published in the Official Journal).

(2)  
            OJ L 179, 9.7.2002, p. 22.
Commission Implementing Regulation (EU) No 1365/2011 of 19 December 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Carne De Vacuno Del País Vasco/Euskal Okela (PGI)]
Date: 2011-12-19
Institutions: European Commission
Subjects: Basque Country, Spain, beef, designation of origin, fresh meat, product designation








L_2011341EN.01002701.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/27








            COMMISSION IMPLEMENTING REGULATION (EU) No 1365/2011
of 19 December 2011
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Carne De Vacuno Del País Vasco/Euskal Okela (PGI)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Spain's application for the approval of amendments to the specification for the protected designation of origin ‘Carne De Vacuno Del País Vasco / Euskal Okela’ registered under Commission Regulation (EC) No 2400/96 (2), as amended by Commission Regulation (EC) No 1483/2004 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union, as required by the first subparagraph of Article 6(2) of that Regulation (4). As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 273, 21.8.2004, p. 3.

(4)  
            OJ C 96, 29.3.2001, p. 13.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

SPAIN
Carne De Vacuno Del País Vasco/Euskal Okela (PGI)
2012/1/EU: Council Decision of 19 December 2011 appointing a German member of the European Economic and Social Committee
Date: 2011-12-19
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Germany, appointment of members








L_2012002EN.01000501.xml










5.1.2012   


EN


Official Journal of the European Union


L 2/5








            COUNCIL DECISION
         
of 19 December 2011
         
appointing a German member of the European Economic and Social Committee
(2012/1/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the German Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Joachim WUERMELING,





HAS ADOPTED THIS DECISION:



Article 1
Dr Jörg FREIHERR FRANK VON FÜRSTENWERTH, Gesamtverband der Deutschen Versicherungswirtschaft e.V., is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 19 December 2011.


For the Council


The President

M. KOROLEC
            





(1)  
            OJ L 251, 25.9.2010, p. 8.