do-me/EUR-LEX huggingface dataset:
Eligibility for membership of the bureau of a committee (interpretation of Rule 191(1)) European Parliament decision of 23 October 2012 concerning eligibility for membership of the bureau of a committee (interpretation of Rule 191(1) of Parliament's Rules of Procedure)
Date: 2012-10-23
Institutions: European Parliament
Subjects: European Commissioner, appointment of members, candidate, committee (EU), interpretation of the law








CE2014068EN.01007701.xml










7.3.2014   


EN


Official Journal of the European Union


CE 68/77





Tuesday 23 October 2012Eligibility for membership of the bureau of a committee (interpretation of Rule 191(1))
P7_TA(2012)0363
European Parliament decision of 23 October 2012 concerning eligibility for membership of the bureau of a committee (interpretation of Rule 191(1) of Parliament's Rules of Procedure)
2014/C 68 E/10

The European Parliament,







—


having regard to the letter of 18 September 2012 from the Chair of the Committee on Constitutional Affairs,










—


having regard to Rule 211 of its Rules of Procedure,










1.


Decides to append the following interpretation to Rule 191(1) of its Rules of Procedure:
"Only full members of a committee who have been elected in accordance with Rule 186 may be elected to the bureau of that committee.";










2.


Instructs its President to forward this decision to the Council and the Commission, for information.
Case T-14/09: Judgment of the General Court of 23 October 2012 — Vanhecke v Parliament (Privileges and immunities — Member of the Parliament — Waiver of immunity — Action for annulment — No further interest in bringing proceedings — No need to adjudicate)
Date: 2012-10-23
Institutions: General Court
Subjects: Member of the European Parliament, parliamentary immunity, privilege








C_2012373EN.01000401.xml










1.12.2012   


EN


Official Journal of the European Union


C 373/4





Judgment of the General Court of 23 October 2012 — Vanhecke v Parliament
(Case T-14/09) (1)

(Privileges and immunities - Member of the Parliament - Waiver of immunity - Action for annulment - No further interest in bringing proceedings - No need to adjudicate)
2012/C 373/04
Language of the case: Dutch

Parties


Applicant: Frank Vanhecke (Bruges, Belgium) (represented by: R. Tournicourt, B. Siffert and S. Lippens, lawyers)

Defendant: European Parliament (represented by: initially H. Krück, A. Baas and E. Waldherr and subsequently H. Krück, E. Waldherr and G. Corstens, acting as Agents)

Re:

Application for annulment of the Decision of the European Parliament of 18 November 2008 waiving the parliamentary immunity of the applicant

Operative part of the judgment

The Court:






1.


declares that there is no need to adjudicate on the present action;










2.


orders each party to bear its own costs.






(1)  OJ C 69, 21.3.2009.
Case F-123/12: Action brought on 23 October 2012 — ZZ v Commission
Date: 2012-10-23
Institutions: Civil Service Tribunal
Subjects: labour law, servant (EU), work contract








C_2012389EN.01000901.xml










15.12.2012   


EN


Official Journal of the European Union


C 389/9





Action brought on 23 October 2012 — ZZ v Commission
(Case F-123/12)
2012/C 389/14
Language of the case: French

Parties


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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to reject the applicant’s request that her contract as a member of the contract staff for auxiliary tasks be reclassified as a temporary contract for an indefinite period.

Form of order sought







—


Annul the decision of 4 January 2012 of the AECE to reject the applicant’s request that her contract as a member of the contract staff for auxiliary tasks be reclassified as a temporary contract for an indefinite period;










—


In so far as necessary, annul the decision rejecting her claim of 12 July 2012;










—


Order the Commission to pay the costs.
Appointment of a member of the Court of Auditors (Leonard Orban) European Parliament decision of 23 October 2012 on the appointment of Leonard Orban as a Member of the Court of Auditors (C7-0153/2012 – 2012/0805(NLE))
Date: 2012-10-23
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, dissemination of EU information, member of the Court of Auditors (EU)








CE2014068EN.01008602.xml










7.3.2014   


EN


Official Journal of the European Union


CE 68/86





Tuesday 23 October 2012Appointment of a member of the Court of Auditors (Leonard Orban)
P7_TA(2012)0374
European Parliament decision of 23 October 2012 on the appointment of Leonard Orban as a Member of the Court of Auditors (C7-0153/2012 – 2012/0805(NLE))
2014/C 68 E/16
(Consultation)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0153/2012),










—


having regard to Rule 108 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0296/2012),










A.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










B.


whereas at its meeting of 26 September 2012 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;










1.


Delivers a negative opinion on the Council’s appointment of Leonard Orban as a Member of the Court of Auditors;










2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
Euro exchange rates
Date: 2012-10-23
Institutions: European Commission
Subjects: euro, exchange rate








C_2012320EN.01000101.xml










23.10.2012   


EN


Official Journal of the European Union


C 320/1





Euro exchange rates (1)

22 October 2012
2012/C 320/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3063




JPY


Japanese yen


104,27




DKK


Danish krone


7,4588




GBP


Pound sterling


0,81450




SEK


Swedish krona


8,5924




CHF


Swiss franc


1,2097




ISK


Iceland króna


 




NOK


Norwegian krone


7,3865




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,899




HUF


Hungarian forint


279,57




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6964




PLN


Polish zloty


4,1058




RON


Romanian leu


4,5770




TRY


Turkish lira


2,3449




AUD


Australian dollar


1,2657




CAD


Canadian dollar


1,2987




HKD


Hong Kong dollar


10,1242




NZD


New Zealand dollar


1,5972




SGD


Singapore dollar


1,5962




KRW


South Korean won


1 441,87




ZAR


South African rand


11,2708




CNY


Chinese yuan renminbi


8,1705




HRK


Croatian kuna


7,5605




IDR


Indonesian rupiah


12 552,67




MYR


Malaysian ringgit


3,9868




PHP


Philippine peso


53,982




RUB


Russian rouble


40,4252




THB


Thai baht


40,156




BRL


Brazilian real


2,6498




MXN


Mexican peso


16,8251




INR


Indian rupee


69,8540






(1)  Source: reference exchange rate published by the ECB.
European Year of Citizens (2013) ***I European Parliament legislative resolution of 23 October 2012 on the proposal for a decision of the European Parliament and of the Council on the European Year of Citizens (2013) (COM(2011)0489 – C7-0217/2011 – 2011/0217(COD))#P7_TC1-COD(2011)0217 Position of the European Parliament adopted at first reading on 23 October 2012 with a view to the adoption of Decision No …/2012/EU of the European Parliament and of the Council on the European Year of Citizens (2013)
Date: 2012-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Constitutional Affairs, Committee on Culture and Education, Committee on Employment and Social Affairs, European Parliament
Subjects: EU national, European cultural event, proposal (EU)








CE2014068EN.01008502.xml










7.3.2014   


EN


Official Journal of the European Union


CE 68/85





Tuesday 23 October 2012European Year of Citizens (2013) ***I
P7_TA(2012)0368
European Parliament legislative resolution of 23 October 2012 on the proposal for a decision of the European Parliament and of the Council on the European Year of Citizens (2013) (COM(2011)0489 – C7-0217/2011 – 2011/0217(COD))
2014/C 68 E/15
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0489),










—


having regard to Article 294(2) and Article 21(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0217/2011),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Culture and Education, the Committee on Constitutional Affairs and the Committee on Petitions (A7-0271/2012),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


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






(1)  OJ C 181, 21.6.2012, p. 137.


Tuesday 23 October 2012P7_TC1-COD(2011)0217
Position of the European Parliament adopted at first reading on 23 October 2012 with a view to the adoption of Decision No …/2012/EU of the European Parliament and of the Council on the European Year of Citizens (2013)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 1093/2012/EU.)
Case F-44/05 RENV: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Strack v Commission (Civil Service — Officials — Referral to the Tribunal following annulment — Waiver of immunity of the servants of an institution in respect of words spoken and documents written in the course of legal proceedings — Appointment to a post of Head of Unit — Rejection of an application — Action for annulment — Unsuccessful candidate’s interest in bringing proceedings — Authority of res judicata — Procedural defect — Balancing of the interests at stake — Action for damages — Non-material damage suffered by reason of an irregularity)
Date: 2012-10-23
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, indemnification, invitation to tender, job vacancy








C_2013046EN.01002501.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/25





Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Strack v Commission
(Case F-44/05 RENV)
(Civil Service - Officials - Referral to the Tribunal following annulment - Waiver of immunity of the servants of an institution in respect of words spoken and documents written in the course of legal proceedings - Appointment to a post of Head of Unit - Rejection of an application - Action for annulment - Unsuccessful candidate’s interest in bringing proceedings - Authority of res judicata - Procedural defect - Balancing of the interests at stake - Action for damages - Non-material damage suffered by reason of an irregularity)
2013/C 46/44
Language of the case: German

Parties


Applicant: Guido Strack (Cologne, Germany) (represented by: N.A. Lödler and H. Tettenborn, lawyers)

Defendant: European Commission (represented by: H. Krämer and B. Eggers, Agents)

Re:

Referral following annulment — Civil Service — First, annulment of the Commission’s decision to reject the applicant’s application for the post of Head of the ‘Tenders and contracts’ Unit and to appoint another candidate to that post and, second, a claim for damages (formerly Case T-225/05).

Operative part of the judgment

The Tribunal:






1.


Rejects the request for a waiver of the immunity given to the servants of the Commission of the European Communities in Case F-44/05 Strack v Commission as being inadmissible;










2.


Rejects the claim for compensation in respect of the excessive duration of the administrative procedure for filling the post and in respect of the excessive duration of the pre-litigation procedure as being unfounded;










3.


Annuls the decision appointing Mr A and the decision of the Commission of the European Communities of 19 November 2004 rejecting Mr Strack’s application to be appointed to the post of Head of the ‘Tenders and contracts’ Unit of the Office for Official Publications of the European Communities;










4.


Dismisses the remainder of the action;










5.


Orders the European Commission to bear its own costs in Cases F-44/05 Strack v Commission, T-526/08 P Commission v Strack and F-44/05 RENV Strack v Commission and to pay the costs incurred by Mr Strack in those cases.
Case F-61/11: Order of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Possanzini v Frontex (Civil service — Temporary staff — Procedure relating to the renewal of a temporary staff contract — Communication to the staff member of the negative opinion of the reporting officer as regards renewal — Act adversely affecting an official — None — Application for annulment of unfavourable comments on performance in annual appraisal reports — Action manifestly inadmissible)
Date: 2012-10-23
Institutions: Civil Service Tribunal
Subjects: servant (EU), staff assessment, work contract








C_2013046EN.01003102.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/31





Order of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Possanzini v Frontex
(Case F-61/11) (1)

(Civil service - Temporary staff - Procedure relating to the renewal of a temporary staff contract - Communication to the staff member of the negative opinion of the reporting officer as regards renewal - Act adversely affecting an official - None - Application for annulment of unfavourable comments on performance in annual appraisal reports - Action manifestly inadmissible)
2013/C 46/61
Language of the case: French

Parties


Applicant: Daniele Possanzini (Warsaw, Poland)) (represented by: S. Pappas, lawyer)

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: S. Vuorensola and H. Caniard, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Civil Service — Application for annulment of the decision to revoke the decision to renew the applicant’s contract of employment as a member of the temporary staff and for annulment of some parts of his assessment reports for the period from August 2006 to December 2009

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mr Possanzini shall bear his own costs and pay the costs incurred by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.






(1)  OJ C 226, 30.7.2011, p. 32.
Case T-530/11: Order of the General Court of 23 October 2012 — Chivas v OHIM — Glencairn Scotch Whisky (CHIVALRY) (Community trade mark — Opposition — Opposition withdrawn — No need to adjudicate)
Date: 2012-10-23
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2012399EN.01002203.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/22





Order of the General Court of 23 October 2012 — Chivas v OHIM — Glencairn Scotch Whisky (CHIVALRY)
(Case T-530/11) (1)

(Community trade mark - Opposition - Opposition withdrawn - No need to adjudicate)
2012/C 399/42
Language of the case: English

Parties


Applicant: Chivas Holdings (IP) Ltd (Paisley, Renfrewshire, United Kingdom) (represented by: A. Carboni, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Glencairn Scotch Whisky Co. Ltd (Glasgow, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 July 2011 (Case R-2334/2010-1) concerning opposition proceedings between Glencairn Scotch Whisky Co. Ltd and Chivas Holdings (IP) Ltd.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant is ordered to bear its own costs and to pay the costs incurred by the defendant.






(1)  OJ C 362, 10.12.2011.
Case T-466/12: Action brought on 23 October 2012 — RFA International v Commission
Date: 2012-10-23
Institutions: General Court
Subjects: Canada, anti-dumping duty, iron ore








C_2012389EN.01000702.xml










15.12.2012   


EN


Official Journal of the European Union


C 389/7





Action brought on 23 October 2012 — RFA International v Commission
(Case T-466/12)
2012/C 389/12
Language of the case: English

Parties


Applicant: RFA International, LP (Calgary, Canada) (represented by: B. Evtimov, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul partially Commission Decisions C(2012) 5577 final, C(2012) 5585 final, C(2012) 5588 final, C(2012) 5595 final, C(2012) 5596 final, C(2012) 5598 final and C(2012) 5611 final of 10 August 2012, insofar as they refuse to reimburse the amounts of anti-dumping duties applied for, save for those amounts, the applications for which had been found inadmissible as lodged after the expiry of a statutory time limit;










—


Order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging






—


an error in law and manifest error of assessment in the Commission’s finding that a full deduction for SG&A and profit from the export price of the CHEMK Group was warranted, and in the Commission’s related finding that a single economic entity is irrelevant for the calculation of export price (including adjustments to export price) pursuant to Article 2(9) of the Basic Regulation (1). To the extent the Commission may have relied on the rejection of the applicant’s claim of existence of a single economic entity, the applicant contends that such rejection is also vitiated by an error in law and/or a manifest error of assessment.














2.


Second plea in law, alleging






—


a manifest error of assessment in the Commission’s finding that there was a changed circumstance in the sense of Article 11(9) of the Basic Regulation, which warranted the application of a different methodology for the calculation of the final dumping margin. The applicant also invokes a consequential breach of Article 11(9) of the Basic Regulation in the Commission’s application of the new methodology, which is different from the respective methodology used in the original investigation.










(1)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, p. 51)
Case T-181/11: Order of the General Court of 23 October 2012 — Chivas v OHIM — Glencairn Scotch Whisky (LIVE WITH CHIVALRY) (Community trade mark — Opposition — Opposition withdrawn — No need to adjudicate)
Date: 2012-10-23
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2012399EN.01002201.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/22





Order of the General Court of 23 October 2012 — Chivas v OHIM — Glencairn Scotch Whisky (LIVE WITH CHIVALRY)
(Case T-181/11) (1)

(Community trade mark - Opposition - Opposition withdrawn - No need to adjudicate)
2012/C 399/40
Language of the case: English

Parties


Applicant: Chivas Holdings (IP) Ltd (Paisley, Renfrewshire, United Kingdom) (represented by: A. Carboni, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party/parties to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Glencairn Scotch Whisky Co. Ltd (Glasgow, United Kingdom) (represented by: K. Lumsdaine, lawyer)

Re:

Action brought against the decision of the Frist Board of Appeal of OHIM of 12 January 2011 (Case R-1263/2010-1) concerning opposition proceedings between Glencairn Scotch Whisky Co. Ltd and Chivas Holdings (IP) Ltd.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant and the intervener are each ordered to bear their own costs and to pay half the costs incurred by the defendant.






(1)  OJ C 152, 21.5.2011.
Case F-57/11: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Eklund v Commission (Civil service — Recruitment — Open competition — Inclusion on the reserve list — Offer of employment made to a person on a reserve list — Conditions of admission — Professional experience acquired after graduation — Respective powers of the selection board and the Appointing Authority — Acceptance of the offer of employment — Withdrawal of the offer of employment)
Date: 2012-10-23
Institutions: Civil Service Tribunal
Subjects: assistant, competition (EU), damages, indemnification, job vacancy, probationary period, professional experience








C_2013046EN.01002902.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/29





Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Eklund v Commission
(Case F-57/11) (1)

(Civil service - Recruitment - Open competition - Inclusion on the reserve list - Offer of employment made to a person on a reserve list - Conditions of admission - Professional experience acquired after graduation - Respective powers of the selection board and the Appointing Authority - Acceptance of the offer of employment - Withdrawal of the offer of employment)
2013/C 46/56
Language of the case: Italian

Parties


Applicant: Gustav Eklund (Taino, Italy) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: European Commission (represented by: B. Eggers. A. Aresu and P. Pecho, acting as Agents, then B. Eggers and G. Gattinara, acting as Agents and A. Dal Ferro, lawyer)

Re:

Civil service — Application for annulment of the Commission’s decision not to give effect to the applicant’s acceptance of the post of probationary official (assistant) with the Joint Research Centre as technical assistant and to withdraw that offer, and also a claim for compensation for material and non-material damage.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Eklund to bear his own costs and to pay those incurred by the European Commission.






(1)  OJ C 211, 16.7.2011, p. 33.