do-me/EUR-LEX huggingface dataset:
Case F-113/10: Judgment of the Civil Service Tribunal (Second Chamber) of 15 February 2012 — AT v EACEA (Civil service — Member of the temporary staff — Evaluation report — Definitive nature — Time-limit for bringing an action — Out of time — Early termination of fixed-term employment contract on ground of incompetence — Review by the courts — Manifest error of assessment)
Date: 2012-02-15
Institutions: Civil Service Tribunal
Subjects: European civil service, contract, judicial review, professional qualifications, servant (EU), temporary employment








C_2012138EN.01002601.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/26






Judgment of the Civil Service Tribunal (Second Chamber) of 15 February 2012 — AT v EACEA
(Case F-113/10) (1)

(Civil service - Member of the temporary staff - Evaluation report - Definitive nature - Time-limit for bringing an action - Out of time - Early termination of fixed-term employment contract on ground of incompetence - Review by the courts - Manifest error of assessment)
(2012/C 138/52)
Language of the case: French

Parties


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

Defendant: EACEA (represented by: F. Couplan and D. Homann, acting as Agents, B. Wägenbaur, lawyer)

Re:

Application, first, for annulment of the applicant’s career development report for the period from 1 June to 31 December 2008; second, for annulment of the contracting authority’s decision to terminate the applicant’s fixed-term employment contract before its due date; and, third, for compensation for damage suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders AT to pay all the costs.






(1)  OJ 2011 C 72, p. 35.
Case F-21/12: Action brought on 15 February 2012 — ZZ v European Economic and Social Committee
Date: 2012-02-15
Institutions: Civil Service Tribunal
Subjects: appointment of members, expatriate worker, indemnification








C_2012133EN.01003003.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/30





Action brought on 15 February 2012 — ZZ v European Economic and Social Committee
(Case F-21/12)
2012/C 133/61
Language of the case: French

Parties


Applicant: ZZ (represented by: N. Lhoëst, lawyer)

Defendant: European Economic and Social Committee

Subject-matter and description of the proceedings

Annulment of the decision withdrawing the award of expatriation allowance to the applicant and retroactively seeking to recover that allowance.

Form of order sought







—


Annul the decision of the Appointing Authority (‘AA’) of the EESC of 9 June 2011 withdrawing the award of expatriation allowance to the applicant with effect from 1 July 2010 and seeking to recover the expatriation allowance paid to him since that date;










—


Insofar as it is necessary, annul the implied decision of the AA of the EESC rejecting the claim brought by the applicant on 9 September 2011 under Article 90(2) of the Staff Regulations;










—


Order the EESC to reimburse the applicant for the expatriation allowance recovered with effect from 1 July 2010 and to pay expatriation allowance which has not been paid since 9 June 2011, all together with late payment interest at the rate of the European Central Bank increased by two points;










—


Order the EESC to pay the costs.
Euro exchange rates
Date: 2012-02-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2012042EN.01000101.xml










15.2.2012   


EN


Official Journal of the European Union


C 42/1





Euro exchange rates (1)

14 February 2012
2012/C 42/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3169




JPY


Japanese yen


102,85




DKK


Danish krone


7,4333




GBP


Pound sterling


0,83765




SEK


Swedish krona


8,7814




CHF


Swiss franc


1,2075




ISK


Iceland króna


 




NOK


Norwegian krone


7,5350




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,097




HUF


Hungarian forint


291,58




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6988




PLN


Polish zloty


4,1910




RON


Romanian leu


4,3488




TRY


Turkish lira


2,3307




AUD


Australian dollar


1,2298




CAD


Canadian dollar


1,3162




HKD


Hong Kong dollar


10,2107




NZD


New Zealand dollar


1,5822




SGD


Singapore dollar


1,6650




KRW


South Korean won


1 481,62




ZAR


South African rand


10,1800




CNY


Chinese yuan renminbi


8,2900




HRK


Croatian kuna


7,5821




IDR


Indonesian rupiah


11 856,43




MYR


Malaysian ringgit


4,0073




PHP


Philippine peso


56,260




RUB


Russian rouble


39,5780




THB


Thai baht


40,613




BRL


Brazilian real


2,2633




MXN


Mexican peso


16,7766




INR


Indian rupee


65,0610






(1)  Source: reference exchange rate published by the ECB.
Case T-64/12: Action brought on 15 February 2012 — Henkel and Henkel France v Commission
Date: 2012-02-15
Institutions: General Court
Subjects: France, competition, polishing and scouring preparations, rights of the defence








C_2012098EN.01002801.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/28





Action brought on 15 February 2012 — Henkel and Henkel France v Commission
(Case T-64/12)
2012/C 98/45
Language of the case: English

Parties


Applicants: Henkel AG & Co. KGaA (Düsseldorf, Germany) and Henkel France (Boulogne-Billancourt, France) (represented by: R. Polley, T. Kuhn, F. Brunet and E. Paroche, lawyers)

Defendant: European Commission

Form of order sought







—


Annul the Decision of the European Commission of 7 December 2011 in Case ‘COMP/39579 — Consumer Detergents’, pursuant to which the defendant has dismissed the applicants’ request to transfer documents produced in case COMP/39579 to the French Autorité de la Concurrence with respect to its case 09/0007F concerning the French detergents sector;










—


Order the defendant to allow the applicants to rely on the requested documents in the proceedings before the Paris Court of Appeals in which the applicants challenge the decision of the French Autorité de la Concurrence of 8 December 2011 (or in proceedings before the Autorité de la Concurrence, should the latter decide to reopen its case);










—


Order the defendant to pay the applicants’ legal and other costs and expenses in relation to this matter; and










—


Take any other measures as the Court may consider appropriate.





Pleas in law and main arguments

In support of the action, the applicants rely on one plea in law, alleging that the defendant unlawfully dismissed the applicants’ request to transmit the requested documents or to allow the applicants’ use of the requested documents in the French proceedings, thereby infringing the applicants’ fundamental rights of defence, as well as its own duties under Article 4(3) TUE.
Case C-80/12: Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 15 February 2012 — Felixstowe Dock and Railway Company Ltd, Savers Health and Beauty Ltd, Walton Container Terminal Ltd, AS Watson card Services (UK) Ltd, Hutchison Whampoa (Europe) Ltd, Kruidvat UK Ltd, Superdrug Stores plc v The Commissioners for Her Majesty's Revenue & Customs
Date: 2012-02-15
Institutions: Court of Justice
Subjects: United Kingdom, financial loss, firm governed by commercial law, parent company, tax relief








C_2012184EN.01000201.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/2





Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 15 February 2012 — Felixstowe Dock and Railway Company Ltd, Savers Health and Beauty Ltd, Walton Container Terminal Ltd, AS Watson card Services (UK) Ltd, Hutchison Whampoa (Europe) Ltd, Kruidvat UK Ltd, Superdrug Stores plc v The Commissioners for Her Majesty's Revenue & Customs
(Case C-80/12)
2012/C 184/02
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicants: Felixstowe Dock and Railway Company Ltd, Savers Health and Beauty Ltd, Walton Container Terminal Ldt, AS Watson card Services (UK) Ldt, Hutchison Whampoa (Europe) Ltd, Kruidvat UK Ldt, Superdrug Stores plc

Defendant: The Commissioners for Her Majesty's Revenue & Customs

Questions referred







1.


In circumstances where:






1.


The provisions of a Member State (such as the United Kingdom) provide for a company (‘a claimant company’) to claim group relief for the losses of a company that is owned by a consortium (‘a consortium company’) on the condition that a company that is a member of the same group of companies as the claimant company is also a member of the consortium (a ‘link company’), and










2.


The parent company of the group of companies (not itself being the claimant company, the consortium company or the link company) is not a national of the United Kingdom or any other Member State,




Do Arts. 49 and 54, TFEU preclude the requirement that the ‘link company’ be either resident in the United Kingdom or carrying on a trade in the United Kingdom through a permanent establishment situated there?










2.


If the answer to question 1 is yes, is the United Kingdom required to provide a remedy to the claimant company (for example, by allowing that company to claim relief for the losses of the consortium company) in circumstances where:






1.


the ‘link company’ has exercised its freedom of establishment but the consortium company and the claimant companies have not exercised any of the freedoms protected by European Law,










2.


the link(s) between the surrendering company and the claimant company consists of companies not all of which are established in the EU/EEA.
Iceland, Liechtenstein, Norway and Switzerland and the Schengen acquis *** European Parliament legislative resolution of 15 February 2012 on the draft Council decision on the conclusion, on behalf of the Union, of the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis (07763/2010 – C7-0272/2011 – 2009/0168(NLE))
Date: 2012-02-15
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EFTA countries, Schengen Agreement, application of EU law, comitology, power of implementation








CE2013249EN.01007601.xml










30.8.2013   


EN


Official Journal of the European Union


CE 249/76





Wednesday 15 February 2012Iceland, Liechtenstein, Norway and Switzerland and the Schengen acquis ***
P7_TA(2012)0040
European Parliament legislative resolution of 15 February 2012 on the draft Council decision on the conclusion, on behalf of the Union, of the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis (07763/2010 – C7-0272/2011 – 2009/0168(NLE))
2013/C 249 E/27
(Consent)

The European Parliament,






—


having regard to the draft Council decision (07763/2010),










—


having regard to the draft Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis (07763/2010) and to the corrigendum to Article 5(1), footnote 1 of the Arrangement (13573/2011),










—


having regard to the request for consent submitted by the Council in accordance with Articles 74, 77, 79 and point (a) of the second subparagraph of Article 218(6) of the Treaty on the Functioning of the European Union (C7-0272/2011),










—


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










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0013/2012),










1.


Consents to the conclusion of the Arrangement;










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 Republic of Iceland, the Principality of Liechtenstein, the Kingdomof Norwayand the Swiss Confederation.
Case F-20/12: Action brought on 15 February 2012 — ZZ v EIGE
Date: 2012-02-15
Institutions: Civil Service Tribunal
Subjects: European civil service, demotion, indemnification, job mobility








C_2012138EN.01003501.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/35






Action brought on 15 February 2012 — ZZ v EIGE
(Case F-20/12)
(2012/C 138/80)
Language of the case: French

Parties


Applicant: ZZ (represented by: T. Bontinck and S. Woog, lawyers)

Defendant: European Institute for Gender Equality

Subject-matter and description of the proceedings

Application for the annulment of the defendant’s decision to reassign the applicant from the position of Head of Operations to a Team Leader position not requiring managerial skills.

Form of order sought







—


Annul the decision of 8 September 2011 of the Director of the EIGE to reassign the applicant to a non-management position;










—


consequently, order the applicant to be reinstated immediately to the position previously held and the management allowance to be paid with retroactive effect to 1 June 2010;










—


order the EIGE to pay the costs.
Guidelines for the employment policies of the Member States * European Parliament legislative resolution of 15 February 2012 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2011)0813 – C7-0500/2011 – 2011/0390(CNS))
Date: 2012-02-15
Institutions: Committee on Employment and Social Affairs, European Parliament
Subjects: EU employment policy, EU programme, continuing education, fight against unemployment, humanisation of work, in-service training, poverty, skilled worker, social integration, teaching quality








CE2013249EN.01007602.xml










30.8.2013   


EN


Official Journal of the European Union


CE 249/76





Wednesday 15 February 2012Guidelines for the employment policies of the Member States *
P7_TA(2012)0041
European Parliament legislative resolution of 15 February 2012 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2011)0813 – C7-0500/2011 – 2011/0390(CNS))
2013/C 249 E/28
(Special legislative procedure – consultation)

The European Parliament,







—


having regard to the Commission proposal to the Council (COM(2011)0813),










—


having regard to Article 148(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0500/2011),










—


having regard to Rules 55 and 46(1) of its Rules of Procedure,










—


having regard to the report of the Committee on Employment and Social Affairs (A7-0011/2012),










1.


Approves the Commission proposal;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;










4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Radio spectrum policy ***II European Parliament legislative resolution of 15 February 2012 on the Council position at first reading with a view to the adoption of a decision of the European Parliament and of the Council establishing a multi-annual radio spectrum policy programme (16226/1/2011 – C7-0012/2012 – 2010/0252(COD))
Date: 2012-02-15
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: radio telecommunications, regulation of telecommunications, transmission network, waveband








CE2013249EN.01007801.xml










30.8.2013   


EN


Official Journal of the European Union


CE 249/78





Wednesday 15 February 2012Radio spectrum policy ***II
P7_TA(2012)0043
European Parliament legislative resolution of 15 February 2012 on the Council position at first reading with a view to the adoption of a decision of the European Parliament and of the Council establishing a multi-annual radio spectrum policy programme (16226/1/2011 – C7-0012/2012 – 2010/0252(COD))
2013/C 249 E/30
(Ordinary legislative procedure: second reading)

The European Parliament,






—


having regard to the Council position at first reading (16226/1/2011 – C7-0012/2012),










—


having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1),










—


after consulting the Committee of the Regions,










—


having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2010)0471),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 72 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A7-0019/2012),










1.


Approves the Council position at first reading;










2.


Notes that the act is adopted in accordance with the Council position;










3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;










4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;










5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 107, 6.4.2011, p. 53.

(2)  Texts adopted of 11.5.2011, P7_TA(2011)0220.
Case T-81/12: Action brought on 15 February 2012 — Beco v Commission
Date: 2012-02-15
Institutions: General Court
Subjects: anti-dumping duty, customs drawback, export price, infringement of EU law








C_2012118EN.01003001.xml










21.4.2012   


EN


Official Journal of the European Union


C 118/30





Action brought on 15 February 2012 — Beco v Commission
(Case T-81/12)
2012/C 118/50
Language of the case: German

Parties


Applicant: Beco Metallteile-Handels GmbH (Spaichingen, Germany) (represented by: T. Pfeiffer, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission's decision of 13 December 2011 (Az. K(2011) 9112 final);










—


order the Commission to pay the costs, pursuant to Article 87(2) of the Rules of Procedure of the General Court.





Pleas in law and main arguments

In support of its action, the applicant claims that its application for a refund of anti-dumping duties, which was refused by the Commission's decision of 13 December 2011, was, contrary to the Commission's view, not lodged out of time and was therefore admissible.
The applicant states in this respect that the application was lodged within the 6-month period, in accordance with Article 11(8) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community. (1) According to the wording of Article 11(8) of Regulation No 384/96, the application for a refund is subject to the condition that the duties determined have been paid by the applicant for a refund. Contrary to the view of the Commission, the 6-month period laid down in Article 11(8) of Regulation No 384/96 cannot expire before the application for a refund is admissible.
Furthermore, in accordance with the Commission notice concerning the reimbursement of anti-dumping duties of 29 May 2002, (2) applications for refunds can ‘only be submitted in respect of transactions for which anti-dumping duties have been fully paid’ (point 2.1(b)). That notice also states expressly that an importer may apply for a refund only if he ‘can demonstrate that he has paid anti-dumping duties either directly or indirectly for a specific importation’ (point 2.2(a)).
The applicant further claims that the decision of 13 December 2011 infringes the applicant's legitimate expectation based on the Commission notice of 29 May 2002 as well as the principle of good faith.
The applicant further submits that the decision of 13 December 2011 infringes the principle of legal certainty.


(1)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1).

(2)  Commission notice concerning the reimbursement of anti-dumping duties (2002/C 127/06) of 29 May 2002 (OJ 2002 C 127, p. 10).