do-me/EUR-LEX huggingface dataset:
Case C-482/12: Reference for a preliminary ruling from the Okresný súd Prešov (Slovakia) lodged on 29 October 2012 — Peter Macinský, Eva Macinská v Getfin s.r.o., Financreal s.r.o.
Date: 2012-10-29
Institutions: Court of Justice
Subjects: consumer protection, real property, unfair terms of contract








C_2013009EN.01003202.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/32





Reference for a preliminary ruling from the Okresný súd Prešov (Slovakia) lodged on 29 October 2012 — Peter Macinský, Eva Macinská v Getfin s.r.o., Financreal s.r.o.
(Case C-482/12)
2013/C 9/54
Language of the case: Slovak

Referring court

Okresný súd Prešov

Parties to the main proceedings


Applicants: Peter Macinský, Eva Macinská

Defendants: Getfin s.r.o., Financreal s.r.o.

Question referred







1.


Is Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts (‘Directive 93/13/EEC’) to be interpreted as precluding legislation of a Member State, such as Paragraph 151j(1) of the Občianský zákonník (Civil Code) in conjunction with the other provisions of legislation at issue in the present case, which enables a creditor to enforce the fulfilment of unfair contract terms by enforcing a lien by the sale of immovable property despite the objections of the consumer and a dispute regarding the matter and without an assessment of the contract terms by a court or other independent tribunal ?






(1)  OJ 1993 L 95, p. 29.
Council Decision of 29 October 2012 appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Denmark
Date: 2012-10-29
Institutions: Council of the European Union
Subjects: Denmark, Eurofound, appointment of members, board of directors








C_2012334EN.01000201.xml










31.10.2012   


EN


Official Journal of the European Union


C 334/2





COUNCIL DECISION
of 29 October 2012
appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Denmark
2012/C 334/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employees' and employers' organisations,
Whereas:






(1)


By its Decisions of 22 November 2010 (2), 7 March 2011 (3), 12 July 2011 (4) and 20 September 2011 (5), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2013, with the exception of certain members.










(2)


The employees' organisation ETUC has submitted a nomination for one post to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following is appointed alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2013:
REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS







Country


Member


Alternate




Denmark


 


Ms Heidi RØNNE MØLLER




Article 2
The Council will appoint the members and alternate members not yet nominated at a later date.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 29 October 2012.


For the Council


The President

E. FLOURENTZOU




(1)  OJ L 139, 30.5.1975, p. 1.

(2)  OJ C 322, 27.11.2010, p. 8.

(3)  OJ C 83, 17.3.2011, p. 4.

(4)  OJ C 208, 14.7.2011, p. 3.

(5)  OJ C 278, 22.9.2011, p. 2.
Case T-482/12: Action brought on 29 October 2012 — Internationaler Hilfsfonds v European Commission
Date: 2012-10-29
Institutions: General Court
Subjects: decision (EU), enforcement of ruling, infringement of EU law








C_2013026EN.01005301.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/53





Action brought on 29 October 2012 — Internationaler Hilfsfonds v European Commission
(Case T-482/12)
2013/C 26/106
Language of the case: German

Parties


Applicant: Internationaler Hilfsfonds eV (Rosbach, Germany) (represented by: H.-H. Heyland, lawyer)

Defendant: European Commission

Form of order sought







—


Annul the defendant’s implicit decision by which it rejected the applicant’s second application of 4 October 2012;










—


In the alternative, annul the defendant’s decision of 28 August 2012 on account of its failure to take into account the requirements arising from the judgment of the General Court of 22 May 2012 in Case T-300/10;










—


Order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant argues essentially that in its decision the Commission partially failed to take into account the requirements arising from the judgment of the General Court of 22 May 2012 in Case T-300/10 Internationaler Hilfsfonds v Commission, not yet published in the ECR.
2012/675/EU: Council Decision of 29 October 2012 appointing three United Kingdom members and two United Kingdom alternate members of the Committee of the Regions
Date: 2012-10-29
Institutions: Council of the European Union
Subjects: European Committee of the Regions, United Kingdom, appointment of members








L_2012305EN.01002501.xml










1.11.2012   


EN


Official Journal of the European Union


L 305/25








            COUNCIL DECISION
         
of 29 October 2012
         
appointing three United Kingdom members and two United Kingdom alternate members of the Committee of the Regions
(2012/675/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 United Kingdom 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)


Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Jonathan BELL, Mr Iain MALCOLM and Ms Irene OLDFATHER. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Ted BROCKLEBANK and Mr Nicol STEPHEN,





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:






—


Ms Patricia FERGUSON MSP, Member of the Scottish Parliament,










—


Mr Paul WATSON, Councillor,










—


Mr Trevor CUMMINGS, Councillor,




and










(b)


as alternate members:






—


Mr Jim HUME MSP, Member of the Scottish Parliament,










—


Mr Jamie McGRIGOR MSP, Member of the Scottish Parliament.










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




Done at Luxembourg, 29 October 2012.


For the Council


The President

E. FLOURENTZOU
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
2012/674/EU: Commission Decision of 29 October 2012 on extending the availability period of the European Union macro-financial assistance to Bosnia and Herzegovina
Date: 2012-10-29
Institutions: European Commission
Subjects: Bosnia and Herzegovina, EU aid, economic stabilisation, financial aid, macroeconomics, reflation








L_2012302EN.01001301.xml










31.10.2012   


EN


Official Journal of the European Union


L 302/13








            COMMISSION DECISION
         
of 29 October 2012
         
on extending the availability period of the European Union macro-financial assistance to Bosnia and Herzegovina
(2012/674/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Decision 2009/891/EC of 30 November 2009 providing macro-financial assistance to Bosnia and Herzegovina (1), and in particular to Article 1(4),

Whereas:







(1)


The availability of the European Union macro-financial assistance to Bosnia and Herzegovina, according to the above mentioned Decision 2009/891/EC, expires on 7 November 2012.












(2)


Article 1(4) of Decision 2009/891/EC foresees the possibility for the Commission to extend the availability period by a maximum of one year.












(3)


The availability period should be extended by one year in order to complete the financial assistance programme.












(4)


The Economic and Financial Committee has been duly consulted on this extension,





HAS ADOPTED THIS DECISION:



Article 1
The availability period of the macro-financial assistance to Bosnia and Herzegovina is extended by one additional year, until 7 November 2013.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 29 October 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 320, 5.12.2009, p. 6.
Case C-483/12: Reference for a preliminary ruling from the Grondwettelijk Hof (Belgium) lodged on 29 October 2012 — Pelckmans Turnhout NV v Walter Van Gastel Balen NV and Others
Date: 2012-10-29
Institutions: Court of Justice
Subjects: airport, distance selling, equal treatment, harbour installation, interpretation of the law, means of public conveyance, railway station, small retailer, trading hours, weekly rest period








C_2013026EN.01002203.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/22





Reference for a preliminary ruling from the Grondwettelijk Hof (Belgium) lodged on 29 October 2012 — Pelckmans Turnhout NV v Walter Van Gastel Balen NV and Others
(Case C-483/12)
2013/C 26/42
Language of the case: Dutch

Referring court

Grondwettelijk Hof

Parties to the main proceedings


Applicant: Pelckmans Turnhout NV

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

Questions referred

Must the principle of equality, which is enshrined in Article 6(3) of the Treaty on the European Union and in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, in conjunction with Articles 15 and 16 of that Charter and Articles 34 to 36, 56 and 57 of the Treaty on the Functioning of the European Union, be interpreted as precluding rules such as those contained in Articles 8, 9, 16 and 17 of the Law of 10 November 2006 on opening hours in commerce, crafts and services, in so far as the obligation contained in those articles that a weekly closing day be provided for:






(i)


does not apply to traders established in railway stations or in units of establishment of public transport companies, to sales in airports and port areas open to international travel or to sales in petrol stations or units of establishment located in motorway areas, but does apply to traders established in other locations,










(ii)


does not apply to traders engaged in the sale of goods such as newspapers, magazines, tobacco products and smoking accessories, telephone cards and National Lottery products, the sale of audiovisual media and video games and the sale of ice cream, but does apply to traders who offer other goods for sale,










(iii)


applies only to the retail trade, namely to undertakings which are engaged in sales to consumers, whilst it does not apply to other traders,










(iv)


entails, at least for traders who carry out their activity by means of a physical sales point and who are in direct contact with consumers, a significantly larger restriction than for traders who carry out their activity via an online shop or possibly via other forms of distance selling?
2012/676/EU: Council Decision of 29 October 2012 appointing a Greek member and a Greek alternate member of the Committee of the Regions
Date: 2012-10-29
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Greece, appointment of members








L_2012305EN.01002601.xml










1.11.2012   


EN


Official Journal of the European Union


L 305/26








            COUNCIL DECISION
         
of 29 October 2012
         
appointing a Greek member and a Greek alternate member of the Committee of the Regions
(2012/676/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 Greek 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)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Panagiotis PSOMIADIS. An alternate member’s seat will become vacant following the appointment of Mr Spyridon SPYRIDON as a member of the Committee of the Regions,





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 member:






—


Mr Spyridon SPYRIDON, Περιφερειακός Σύμβουλος Αττικής;




and










(b)


as alternate member:






—


Mr Dimitrios PETROVITS, Περιφερειακός Σύμβουλος Ανατολικής Μακεδονίας-Θράκης.










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




Done at Luxembourg, 29 October 2012.


For the Council


The President

E. FLOURENTZOU
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case F-128/12: Action brought on 29 October 2012 — ZZ v Parliament
Date: 2012-10-29
Institutions: Civil Service Tribunal
Subjects: European civil service, application of EU law, family benefit, fraud, redemption








C_2013026EN.01007301.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/73





Action brought on 29 October 2012 — ZZ v Parliament
(Case F-128/12)
2013/C 26/150
Language of the case: French

Parties


Applicant: ZZ (represented by: A. Salerno and B. Cortese, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application for annulment of the decision to recover, pursuant to Article 85(2) of the Staff Regulations, all of the dependent child allowance wrongly received by the applicant and not only the allowance that the applicant wrongly received during the past five years.

Form of order sought







—


annul the decision of the appointing authority of 9 December 2011 in so far as it seeks, pursuant to the second subparagraph of Article 85(2) of the Staff Regulations, to recover the full amount wrongly received since September 1999 and not only the amount wrongly received during the past five years on the ground that the appointing authority found that the applicant had deliberately misled the administration;










—


where necessary, annul the decision rejecting the complaint;










—


order the Parliament to pay the costs.
Case T-475/12: Action brought on 29 October 2012 — LaserSoft Imaging v OHIM (WorkflowPilot)
Date: 2012-10-29
Institutions: General Court
Subjects: EU trade mark, registered trade mark, scanner, software, trade-mark law








C_2013009EN.01004101.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/41





Action brought on 29 October 2012 — LaserSoft Imaging v OHIM (WorkflowPilot)
(Case T-475/12)
2013/C 9/73
Language of the case: German

Parties


Applicant: LaserSoft Imaging AG (Kiel, Germany) (represented by J. Hunnekuhl, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decisions of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 January 2012 and 6 August 2012 (Case R 480/2012-4) in so far as they rejected the applicant’s trade mark application of 29 August 2011 and order the defendant to register the word mark ‘WorkflowPilot’ in the trade mark register of the Office for Harmonisation for the Internal Market in accordance with the application.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘WorkflowPilot’ for goods and services in Classes 9, 41 and 42 — Community trade mark application No 10 223 774

Decision of the Examiner: the application was rejected in part

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) and of Article 7(2) of Regulation No 207/2009