do-me/EUR-LEX huggingface dataset:
Case T-279/12: Action brought on 25 June 2012 — S.I.C.O.M v Commission
Date: 2012-06-25
Institutions: General Court
Subjects: award of contract, food aid, invitation to tender, vegetable oil








C_2012243EN.01003201.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/32





Action brought on 25 June 2012 — S.I.C.O.M v Commission
(Case T-279/12)
2012/C 243/56
Language of the case: Italian

Parties


Applicant: S.I.C.O.M. Srl — Società industriale per il confezionamento degli olii meridionale (Cercola, Italy) (represented by: R. Manzi, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Declare that S.I.C.O.M. Srl, in liquidation, is owed by the Commission the sum of EUR 24 338,10 plus interest and adjustment to be calculated in accordance with Article 18(7) of Commission Regulation No 2519/1997, or such other sum as the Court may decide and, consequently, order the Commission to pay the sums thereby awarded;










—


Consequently, order the Commission to pay the costs together with any tax or contribution due.





Pleas in law and main arguments

The applicant in the present case is the successful tenderer in Action No 35 — adjudicated upon pursuant to Commission Regulation (EC) No 664/2001 of 2 April 2001 on the supply of vegetable oil as food aid (OJ 2001 L 93, p. 3) — concerning the provision of 500 tonnes of refined rapeseed oil, in 5-litre cans, which were delivered on a free-at-destination basis at Tombo PAM Warehouse in Guinea by 17 June 2001. The applicant challenges the fact that the Commission withheld part of the payment, imposing a penalty for late delivery and a further penalty for non-delivery.
In support of its action, the applicant relies on the following pleas in law.






1.


As regards the imposition of the penalty for non-delivery of goods, the applicant states that, in fact, the goods actually delivered amounted to 498,819 tonnes, namely, 1,435 tonnes less than that laid down in the call for tenders. In that connection, the applicant relies on the 1 % tolerance laid down in Article 17 of Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid (OJ 1997 L 346, p. 23). As regards Article 15 of that regulation, the applicant states that, in the present case, it is a fact that the goods actually delivered to the beneficiary amounted to 498,819 tonnes, as is apparent from the delivery certificate and, therefore, any subsequent event resulting in a reduction in the amount of goods could not have been attributable to the applicant.










2.


As regards the penalty for late delivery, the applicant invokes the force majeure exemption with regard to the sudden delay of the motor vessel involved in the operation — near to the port of landing of Naples — and, consequently, the 30-day extension laid down in Article 14(15) of Regulation No 2519/97. On that point, the applicant also invokes Articles 22(4) and 25 of that regulation.
Case F-65/12: Action brought on 25 June 2012 — ZZ v Commission
Date: 2012-06-25
Institutions: Civil Service Tribunal
Subjects: adopted child, family benefit








C_2012243EN.01003403.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/34





Action brought on 25 June 2012 — ZZ v Commission
(Case F-65/12)
2012/C 243/60
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Commission not to grant the applicant family allowance in respect of his wife’s son of a previous marriage.

Form of order sought







—


Annul the Commission’s decision of 17 August 2011 to refuse the applicant’s application of 20 July 2011, concerning his wife’s child, for family allowance and the advantages resulting therefrom and annual travel expenses;










—


Insofar as it is necessary, annul the decision rejecting his claim of 13 March 2012;










—


Order the European Commission to pay the costs.
Case C-307/12: Action brought on 25 June 2012 — European Commission v Republic of Bulgaria
Date: 2012-06-25
Institutions: Court of Justice
Subjects: environmental protection, national implementing measure, prevention of pollution, public health, waste recycling








C_2012295EN.01001701.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/17





Action brought on 25 June 2012 — European Commission v Republic of Bulgaria
(Case C-307/12)
2012/C 295/28
Language of the case: Bulgarian

Parties


Applicant: European Commission (represented by: P. Hetsch, D. Düsterhaus, S. Petrova)

Defendant: Republic of Bulgaria

Form of order sought







—


Declare that, by not adopting the legal or administrative provisions necessary in order to render national law compatible with Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, (1) or at least by not notifying those provisions to the Commission, the Republic of Bulgaria has failed to fulfil its obligations under Article 40 of that directive;










—


Order the Republic of Bulgaria, pursuant to Article 260(3) TFEU, to pay a penalty payment of EUR 15 200,80 per day, calculated from the day on which judgment is delivered in the present proceedings, on account of its failure to fulfil the obligation to notify the measures adopted in order to render its national law compatible with Directive 2008/98/EC;










—


Order the Republic of Bulgaria to pay the costs.





Pleas in law and main arguments

The period for the adoption of measures to transpose the directive expired on 12 December 2010.


(1)  OJ L 312, 22.11.2008, p. 3.
Council Decision 2012/332/CFSP of 25 June 2012 amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
Date: 2012-06-25
Institutions: Council of the European Union
Subjects: Palestine question, border control, cross-border cooperation, financing level








L_2012165EN.01007101.xml










26.6.2012   


EN


Official Journal of the European Union


L 165/71








            COUNCIL DECISION 2012/332/CFSP
of 25 June 2012
         
amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP (1).












(2)


On 19 December 2011, the Council adopted Decision 2011/857/CFSP (2) amending Joint Action 2005/889/CFSP and extending it until 30 June 2012.












(3)


On 4 May 2012, the Political and Security Committee recommended an extension of EU BAM Rafah for 12 months.












(4)


EU BAM Rafah should be further extended from 1 July 2012 until 30 June 2013 on the basis of its current mandate.












(5)


It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 July 2012 to 30 June 2013.












(6)


EU BAM Rafah will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union,





HAS ADOPTED THIS DECISION:



Article 1
Joint Action 2005/889/CFSP is hereby amended as follows:






(1)


the following subparagraph is added to Article 13(1):
‘The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 July 2012 to 30 June 2013 shall be EUR 980 000.’;










(2)


in Article 16, the second paragraph is replaced by the following:
‘It shall expire on 30 June 2013.’.






Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 July 2012.




Done at Luxembourg, 25 June 2012.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 327, 14.12.2005, p. 28.

(2)  
            OJ L 338, 21.12.2011, p. 52.
Case T-277/12: Action brought on 25 June 2012 — Bimbo v OHIM — Café do Brasil (Caffè KIMBO)
Date: 2012-06-25
Institutions: General Court
Subjects: EU trade mark, Spain, coffee, food industry, infringement of EU law, registered trade mark, trade-mark law








C_2012273EN.01001201.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/12





Action brought on 25 June 2012 — Bimbo v OHIM — Café do Brasil (Caffè KIMBO)
(Case T-277/12)
2012/C 273/20
Language in which the application was lodged: English

Parties


Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Café do Brasil SpA (Melito di Napoli, Italy)

Form of order sought







—


Modify the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1017/2011-4;










—


In the alternative and only in the case the former claim would be rejected, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1017/2011-4; and










—


Order the defendant and the other party to the proceedings to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark in black, red, gold and white ‘Caffè KIMBO’, for goods in classes 11, 21 and 30 — Community trade mark application No 3478311

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Spanish trade mark registration No 291655 of the word mark ‘BIMBO’ for goods in class 30; Earlier well-known mark in Spain ‘BIMBO’ for goods in class 30

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Board of Appeal: Partially annulled the contested decision and dismissed the appeal for the remainder

Pleas in law:







—


Infringement of Articles 64, 75 and 76 of Council Regulation (EC) No 207/2009; and










—


Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.
Council Decision 2012/324/CFSP of 25 June 2012 amending and extending Decision 2010/784/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
Date: 2012-06-25
Institutions: Council of the European Union
Subjects: EU police mission, Palestine, financing level








L_2012165EN.01004801.xml










26.6.2012   


EN


Official Journal of the European Union


L 165/48








            COUNCIL DECISION 2012/324/CFSP
of 25 June 2012
         
amending and extending Decision 2010/784/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 14 November 2005, the Council adopted Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories (1) (EUPOL COPPS) which was last extended by Council Decision 2009/955/CFSP (2) and expired on 31 December 2010.












(2)


On 17 December 2010, the Council adopted Decision 2010/784/CFSP (3) continuing EUPOL COPPS as from 1 January 2011 which was last amended by Decision 2011/858/CFSP (4). Decision 2010/784/CFSP expires on 30 June 2012.












(3)


On 4 May 2012, the Political and Security Committee (PSC) recommended an extension of EUPOL COPPS until 30 June 2013.












(4)


EUPOL COPPS should be further extended from 1 July 2012 until 30 June 2013 on the basis of its current mandate.












(5)


It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 July 2012 until 30 June 2013.












(6)


EUPOL COPPS will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2010/784/CFSP is hereby amended as follows:






(1)


the following subparagraph is added to Article 13(1):
‘The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 July 2012 until 30 June 2013 shall be EUR 9 330 000.’;










(2)


in Article 16, the second paragraph is replaced by the following:
‘It shall expire on 30 June 2013.’.






Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 July 2012.




Done at Luxembourg, 25 June 2012.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 300, 17.11.2005, p. 65.

(2)  
            OJ L 330, 16.12.2009, p. 76.

(3)  
            OJ L 335, 18.12.2010, p. 60.

(4)  
            OJ L 338, 21.12.2011, p. 54.