do-me/EUR-LEX huggingface dataset:
Case C-324/12: Reference for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 9 July 2012 — Novontech-Zala Kft v LOGICDATA Electronic & Software Entwicklungs GmbH
Date: 2012-07-09
Institutions: Court of Justice
Subjects: appeal, interpretation of the law, judicial proceedings, lawyer, payment








C_2012303EN.01001301.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/13





Reference for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 9 July 2012 — Novontech-Zala Kft v LOGICDATA Electronic & Software Entwicklungs GmbH
(Case C-324/12)
2012/C 303/24
Language of the case: German

Referring court

Handelsgericht Wien

Parties to the main proceedings


Appellant and defendant: Novontech-Zala Kft

Respondent and applicant: LOGICDATA Electronic & Software Entwicklungs GmbH

Questions referred







1.


Does the failure on the part of a party’s lawyer to comply with the time limit for opposing a European order for payment constitute fault on the part of the defendant for the purposes of Article 20(1)(b) of Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure? (1)











2.


If fault on the part of the lawyer representing the defendant is not to be regarded as fault on the part of the defendant itself, is the failure of the former to take note of the correct date of expiry of the time limit for opposing a European order for payment to be regarded as an extraordinary circumstance within the meaning of Article 20(2) of Regulation 1896/2006?






(1)  OJ 2006 L 399, p. 1.
Case F-72/12: Action brought on 9 July 2012 — ZZ v Commission
Date: 2012-07-09
Institutions: Civil Service Tribunal
Subjects: administrator, indemnification, pay, servant (EU)








C_2012258EN.01002902.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/29





Action brought on 9 July 2012 — ZZ v Commission
(Case F-72/12)
2012/C 258/54
Language of the case: French

Parties


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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision relating to the recovery of a certain amount of the remuneration of the applicant, formerly a member of the temporary staff at Grade A4 (AD12), then an official at Grade AD6, pursuant to Article 85 of the Staff Regulations.

Form of order sought







—


Annul the decision of 20 December 2011 to proceed with the recovery of the sum of EUR 172 236,42 pursuant to Article 85 of the Staff Regulations;










—


in the alternative, order the Commission to compensate the applicant in the amount of EUR 172 236,42, or, in the further alternative, in the amount of the sums overpaid until the day on which the irregularity was discovered but not corrected, or, in the further alternative, in the amount of the sums overpaid until November 2010, when the applicant’s multiplication factor was eventually corrected;










—


order the European Commission to pay the costs.