do-me/EUR-LEX huggingface dataset:
Case C-629/11 P: Judgment of the Court (Seventh Chamber) of 4 October 2012 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission (Appeal — Public contract awarded by the Commission — Rejection of the tender — Obligation to state the reasons on which the decision is based — Regulation (EC, Euratom) No 1605/2002 — Article 100(2) — Time-limit for replying to a request for information — Regulation (EC, Euratom) No 2342/2002 — Article 149(2))
Date: 2012-10-04
Institutions: Court of Justice
Subjects: award of contract, invitation to tender, services contract, teaching curriculum








C_2012366EN.01001602.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/16





Judgment of the Court (Seventh Chamber) of 4 October 2012 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission
(Case C-629/11 P) (1)

(Appeal - Public contract awarded by the Commission - Rejection of the tender - Obligation to state the reasons on which the decision is based - Regulation (EC, Euratom) No 1605/2002 - Article 100(2) - Time-limit for replying to a request for information - Regulation (EC, Euratom) No 2342/2002 - Article 149(2))
2012/C 366/27
Language of the case: English

Parties


Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis (represented by: N. Korogiannakis, dikigoros)

Other party to the proceedings: European Commission (represented by: D. Calciu and S. Delaude, Agents, and P. Wytinck, advocaat)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 20 September 2011 in Case T-298/09 Evropaïki Dynamiki v Commission dismissing an application first, for annulment of the Commission decision of 12 May 2009 rejecting the tender submitted by the applicant in response to call for tenders EAC/01/2008 for external service provision for educational programmes (ESP-ISEP) (OJ 2008/S 158-212752) and of the decision to award the contract to another tenderer and, second, for damages — Article 93(1)(f) of the Financial Regulation — Period of validity of tenders — Non-contractual liability

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.






(1)  OJ C 49, 18.2.2012.
Case C-559/11: Order of the Court (First Chamber) of 4 October 2012 (reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen — Belgium) — Pelckmans Turnhout NV v Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Schoten NV, Walter Van Gastel Lifestyle NV (Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure — Directive 2005/29/EC — Unfair commercial practices — National legislation prohibiting the opening of an establishment seven days a week)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: advertising, advertising malpractice, consumer protection, trading hours, weekly rest period








C_2013009EN.01002302.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/23





Order of the Court (First Chamber) of 4 October 2012 (reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen — Belgium) — Pelckmans Turnhout NV v Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Schoten NV, Walter Van Gastel Lifestyle NV
(Case C-559/11) (1)

(Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting the opening of an establishment seven days a week)
2013/C 9/38
Language of the case: Dutch

Referring court

Rechtbank van koophandel te Antwerpen

Parties to the main proceedings


Applicant: Pelckmans Turnhout NV

Defendants: Walter Van Gastel Balen NV, Walter Van Gastel NV, Walter Van Gastel Schoten NV, Walter Van Gastel Lifestyle NV

Re:

Reference for a preliminary ruling — Rechtbank van koophandel te Antwerpen — Interpretation of Articles 34 TFEU, 35 TFEU, 49 TFEU and 56 TFEU and of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) — Concept of business-to-consumer commercial practices — Opening of an establishment seven days a week and advertising of that practice.

Operative part of the order

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as meaning that it does not apply to national legislation, such as that at issue in the main proceedings, which does not pursue objectives related to consumer protection.


(1)  OJ C 32, 4.2.2012.
Case F-112/12: Action brought on 4 October 2012 — ZZ and Others v Commission
Date: 2012-10-04
Institutions: Civil Service Tribunal
Subjects: social-security benefit, transfer of pension rights








C_2012379EN.01003502.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/35





Action brought on 4 October 2012 — ZZ and Others v Commission
(Case F-112/12)
2012/C 379/59
Language of the case: French

Parties


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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of decisions on the transfer of the applicants’ pension rights under the European Union pension scheme which applies the new general implementing provisions concerning Articles 11 and 12 of Annex VIII to the Staff Regulations.

Form of order sought







—


Annul the decisions transferring the applicants’ pension rights under Article 11(2) of Annex VIII to the Staff Regulations acquired before entry into service with the European Commission;










—


where necessary, annul the decisions rejecting their complaints, which are identical, directed against the decisions transferring their pension rights;










—


order the Commission to pay the costs.
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
Date: 2012-10-04
Institutions: European Commission
Subjects: Balearic Islands, Community of Madrid, Spain, air transport, inland transport, invitation to tender, public service, transport regulations








C_2012298EN.01000901.xml










4.10.2012   


EN


Official Journal of the European Union


C 298/9





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
2012/C 298/05






Member State


Spain




Concerned routes


Menorca–Madrid




Period of validity of the contract


Two periods of eight months (October to May) from the start of the operation




Deadline for submission of tenders


Two months after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained







Ministerio de Fomento




Dirección General de Aviación Civil




Subdirección General de Transporte Aéreo




Paseo de la Castellana, 67




28071 Madrid




ESPAÑA




Tel. +34 915978454




Fax +34 915978643




E-mail: osp.dgac@fomento.es
Case T-215/10: Judgment of the General Court of 4 October 2012 — Greece v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Cotton — Aid to the least well-off — Rural development — Effectiveness of supervision — Proportionality)
Date: 2012-10-04
Institutions: General Court
Subjects: EAGGF Guarantee Section, Greece, aid to disadvantaged groups, cotton, principle of proportionality, rural development








C_2012355EN.01002402.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/24





Judgment of the General Court of 4 October 2012 — Greece v Commission
(Case T-215/10) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Cotton - Aid to the least well-off - Rural development - Effectiveness of supervision - Proportionality)
2012/C 355/51
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented: initially by I. Khalkias, G. Skiani and E. Leftheriotou, subsequently I. Khalkias, E. Leftheriotou and X. Basakou, acting as Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe and A. Markoulli, acting as Agents, assisted by N. Korogiannakis, lawyer)

Re:

Annulment of Commission Decision 2001/152/EU of 11 March 2010 excluding from Community financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGGF), Guarantee Section of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 63, p. 7) as Decision 2001/152/EU, in so far as it excludes certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 195, 17.7.2010.
Euro exchange rates
Date: 2012-10-04
Institutions: European Commission
Subjects: euro, exchange rate








C_2012298EN.01000101.xml










4.10.2012   


EN


Official Journal of the European Union


C 298/1





Euro exchange rates (1)

3 October 2012
2012/C 298/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2904




JPY


Japanese yen


101,10




DKK


Danish krone


7,4566




GBP


Pound sterling


0,80085




SEK


Swedish krona


8,6090




CHF


Swiss franc


1,2104




ISK


Iceland króna


 




NOK


Norwegian krone


7,4115




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,033




HUF


Hungarian forint


286,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6961




PLN


Polish zloty


4,0909




RON


Romanian leu


4,5337




TRY


Turkish lira


2,3127




AUD


Australian dollar


1,2625




CAD


Canadian dollar


1,2727




HKD


Hong Kong dollar


10,0073




NZD


New Zealand dollar


1,5709




SGD


Singapore dollar


1,5896




KRW


South Korean won


1 437,89




ZAR


South African rand


10,8852




CNY


Chinese yuan renminbi


8,1707




HRK


Croatian kuna


7,4625




IDR


Indonesian rupiah


12 374,75




MYR


Malaysian ringgit


3,9499




PHP


Philippine peso


53,630




RUB


Russian rouble


40,1770




THB


Thai baht


39,564




BRL


Brazilian real


2,6148




MXN


Mexican peso


16,5952




INR


Indian rupee


67,4430






(1)  Source: reference exchange rate published by the ECB.
Case C-30/12: Order of the President of the Court of 4 October 2012 (reference for a preliminary ruling from the Okresný súd Prešov — Slovakia) — Valeria Marcinová v Pohotovst’ s.r.o.
Date: 2012-10-04
Institutions: Court of Justice
Subjects: Slovakia, consumer protection, deduction at source, interpretation of the law, misuse of a right








C_2013101EN.01001402.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/14





Order of the President of the Court of 4 October 2012 (reference for a preliminary ruling from the Okresný súd Prešov — Slovakia) — Valeria Marcinová v Pohotovst’ s.r.o.
(Case C-30/12) (1)

2013/C 101/29
Language of the case: Slovak
The President of Court has ordered that the case be removed from the register.


(1)  OJ C 98, 31.3.2012.
Case C-550/11: Judgment of the Court (Seventh Chamber) of 4 October 2012 (reference for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — PIGI — Pavleta Dimova ET v Direktor na Direktsia ‘Obzhalvane I upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite (Taxation — VAT — Directive 2006/112/EC — Right to deduction — Adjustment — Theft of goods)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, purchase, tax relief, theft








C_2012366EN.01001601.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/16





Judgment of the Court (Seventh Chamber) of 4 October 2012 (reference for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — PIGI — Pavleta Dimova ET v Direktor na Direktsia ‘Obzhalvane I upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
(Case C-550/11) (1)

(Taxation - VAT - Directive 2006/112/EC - Right to deduction - Adjustment - Theft of goods)
2012/C 366/26
Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings


Applicant: PIGI — Pavleta Dimova ET

Defendant: Direktor na Direktsia ‘Obzhalvane I upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite

Re:

Reference for a preliminary ruling — Administrativen sad — Varna — Interpretation of Article 185(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — National tax practice under which the VAT deducted as input tax on the acquisition of goods must be adjusted if the goods are stolen — Concept of theft duly proved or confirmed

Operative part of the judgment

Article 185(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as not precluding national tax provisions, such as those contained in Articles 79 and 80 of the Law on value added tax (Zakon za danak varhu dobavenata stoynost), which require, where a shortfall in the goods subject to value added tax has been established, that an adjustment be made to the deduction of that input tax at the time of acquisition of those goods, where the taxable person was the victim of a theft of those goods and the perpetrator has not been identified.


(1)  OJ C 13, 14.1.2012.
2012/626/EU: Council Decision of 4 October 2012 appointing six Romanian members and five Romanian alternate members of the Committee of the Regions
Date: 2012-10-04
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Romania, appointment of members








L_2012274EN.01002901.xml










9.10.2012   


EN


Official Journal of the European Union


L 274/29








            COUNCIL DECISION
         
of 4 October 2012
         
appointing six Romanian members and five Romanian alternate members of the Committee of the Regions
(2012/626/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 Romanian 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.












(2)


Six members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Decebal ARNĂUTU, Ms Veronica DIACONU, Ms Edita Emőke LOKODI, Mr Constantin OSTAFICIUC, Mr Vasile SAVA and Mr Gheorghe Bunea STANCU. Five alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Árpád Szabolcs CSEHI, Mr Gheorghe FLUTUR, Ms Mariana MIRCEA, Mr Mircia MUNTEAN and Ms Ioana TRIFOI,





HAS ADOPTED THIS DECISION:



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






(a)


as members:






—


Mr Cristian Mihai ADOMNIȚEI, President of Iași County Council,










—


Mr Dragoș Adrian BENEA, President of Bacău County Council,










—


Mr Ovidiu BRĂILOIU, Mayor of Eforie town, Constanța County,










—


Mr Csaba BORBOLY, President of Harghita County Council,










—


Ms Mariana GÂJU, Mayor of the Cumpăna commune, Constanța County,










—


Mr Emilian OPREA, Mayor of Chitila town, Ilfov County;




and










(b)


as alternate members:






—


Mr Andrei Ioan CHILIMAN, Mayor of District 1 — Bucharest,










—


Ms Veronica DIACONU, Local Councillor, Gorgota commune Local Council, Prahova County,










—


Mr Petru Nicolae IOȚCU, President of Arad County Council,










—


Mr Marian PETRACHE, President of Ilfov County Council,










—


Mr Silviu PONORAN, Mayor of Zlatna town, Alba County.










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




Done at Luxembourg, 4 October 2012.


For the Council


The President

S. CHARALAMBOUS
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Communication from the Commission on the quantity of certain products in the milk and milk products sector available for the first half of 2013 under certain quotas opened by the Union
Date: 2012-10-04
Institutions: European Commission
Subjects: import licence, milk product, tariff quota








C_2012298EN.01000201.xml










4.10.2012   


EN


Official Journal of the European Union


C 298/2





Communication from the Commission on the quantity of certain products in the milk and milk products sector available for the first half of 2013 under certain quotas opened by the Union
2012/C 298/02
Import licences which were allocated for the second half of 2012 for certain quotas referred to in Commission Regulation (EC) No 2535/2001 (1) did not cover the full quantity available under those quotas. The remaining quantities are laid out in the Annex. They will be available as of 1 January until 30 June 2013.


(1)  OJ L 341, 22.12.2001, p. 29.


ANNEX






Products originating in any third country




Quota number


Quantity
(kg)




09.4590


68 537 000




09.4599


11 360 000




09.4591


5 360 000




09.4592


18 438 000




09.4593


5 413 000




09.4594


20 007 000




09.4595


12 027 750




09.4596


17 791 000













Products originating in Switzerland




Quota number


Quantity
(kg)




09.4155


1 700 000













Products originating in Iceland




Quota number


Quantity
(kg)




09.4205


175 000




09.4206


190 000
Case C-75/11: Judgment of the Court (Second Chamber) of 4 October 2012 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Citizenship of the Union — Right to move and reside freely — Articles 20 TFEU and 21 TFEU — Discrimination on grounds of nationality — Article 18 TFEU — Directive 2004/38/EC — Article 24 — Derogation — Scope — Member State in which reduced fares on public transport are granted only to students whose parents are in receipt of family allowances in that Member State)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: derogation from EU law, family benefit, foreign student, passenger tariff








C_2012366EN.01001001.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/10





Judgment of the Court (Second Chamber) of 4 October 2012 — European Commission v Republic of Austria
(Case C-75/11) (1)

(Failure of a Member State to fulfil obligations - Citizenship of the Union - Right to move and reside freely - Articles 20 TFEU and 21 TFEU - Discrimination on grounds of nationality - Article 18 TFEU - Directive 2004/38/EC - Article 24 - Derogation - Scope - Member State in which reduced fares on public transport are granted only to students whose parents are in receipt of family allowances in that Member State)
2012/C 366/16
Language of the case: German

Parties


Applicant: European Commission (represented by: V. Kreuschitz and D. Roussanov, Agents)

Defendant: Republic of Austria (represented by: C. Pesendorfer and M. Fruhmann, Agents)

Re:

Failure of Member State to fulfil obligations — Infringement of Articles 18, 20 and 21 TFEU and of Article 24 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC — Contracts concerning the sale of reduced-price travel tickets to students concluded between various bodies of a Member State and various public transport undertakings — Exclusion from entitlement to those reductions of students whose parents are not entitled to family benefits in that State

Operative part of the judgment

The Court:






1.


Declares that, by granting reduced fares on public transport in principle only to students whose parents are in receipt of Austrian family allowances, the Republic of Austria has failed to fulfil its obligations under the combined provisions of Articles 18 TFEU, 20 TFEU and 21 TFEU and also Article 24 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.










2.


Orders the Republic of Austria to pay the costs.






(1)  OJ C 130, 30.4.2011.
2012/625/EU: Council Decision of 4 October 2012 appointing a Cypriot member of the European Economic and Social Committee
Date: 2012-10-04
Institutions: Council of the European Union
Subjects: Cyprus, European Economic and Social Committee, appointment of members








L_2012274EN.01002801.xml










9.10.2012   


EN


Official Journal of the European Union


L 274/28








            COUNCIL DECISION
         
of 4 October 2012
         
appointing a Cypriot member of the European Economic and Social Committee
(2012/625/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 Government of the Republic of Cyprus,


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 Andreas LOUROUTZIATIS,





HAS ADOPTED THIS DECISION:



Article 1
Mr Manthos MAVROMMATIS 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 Luxembourg, 4 October 2012.


For the Council


The President

S. CHARALAMBOUS
            





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