do-me/EUR-LEX huggingface dataset:
2012/717/: Council Decision of 20 November 2012 appointing a Spanish member of the Committee of the Regions
Date: 2012-11-20
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2012326EN.01001601.xml










24.11.2012   


EN


Official Journal of the European Union


L 326/16








            COUNCIL DECISION
         
of 20 November 2012
         
appointing a Spanish member of the Committee of the Regions
(2012/717/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 Spanish 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 Ms Esperanza AGUIRRE GIL DE BIEDMA,





HAS ADOPTED THIS DECISION:



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






—


Mr Ignacio GONZÁLEZ GONZÁLEZ, Presidente de la Comunidad Autónoma de Madrid.







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




Done at Brussels, 20 November 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Non-opposition to a notified concentration (Case COMP/M.6686 — Terex/GAZ/JV)  Text with EEA relevance
Date: 2012-11-20
Institutions: European Commission
Subjects: Russia, construction equipment, economic concentration, industrial equipment, merger control








C_2012356EN.01000101.xml










20.11.2012   


EN


Official Journal of the European Union


C 356/1





Non-opposition to a notified concentration
(Case COMP/M.6686 — Terex/GAZ/JV)
(Text with EEA relevance)
2012/C 356/01
On 9 November 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6686. EUR-Lex is the on-line access to the European law.
Case C-527/12: Action brought on 20 November 2012 — European Commission v Federal Republic of Germany
Date: 2012-11-20
Institutions: Court of Justice
Subjects: Germany, State aid, infringement of EU law, reimbursement of aid








C_2013026EN.01003601.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/36





Action brought on 20 November 2012 — European Commission v Federal Republic of Germany
(Case C-527/12)
2013/C 26/68
Language of the case: German

Parties


Applicant: European Commission (represented by: T. Maxian Rusche and F. Erlbacher, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing to adopt all the measures necessary to ensure the immediate and effective implementation of the Commission’s decision by recovering granted aid, the Federal Republic of Germany has failed to fulfil its obligations resulting from Article 288 TFEU, Article 108(2) TFEU, the principle of effectiveness, Article 14(3) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1) and Articles 1, 2 and 3 of Commission Decision 2011/471/EU of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)); (2)











—


order the defendant to pay the costs.





Pleas in law and main arguments

The Commission claims that the Federal Republic of Germany has failed to comply with its obligations resulting from Article 288 TFEU, Article 108(2) TFEU, the principle of effectiveness, Article 14(3) of Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty and Articles 1, 2 and 3 of Commission Decision 2011/471/EU of 14 December 2010 on State aid granted by Germany to the Biria group (C 38/05 (ex NN 52/04)) by failing to adopt all the measures necessary to ensure the immediate and effective implementation of the Commission’s decision by recovering granted aid.
The Commission takes the view that the instrument chosen by the defendant to recover the aid, namely the granting of civil law claim and a corresponding action for enforcement before the German civil law courts, is not appropriate to ensure the immediate and effective implementation of the Commission’s decision. In the alternative, it submits that, on the day the action was lodged, the defendant had not made use of the provisional basis provided to it by the judgment taken by default to implement the Commission’s decision.


(1)  OJ 1999 L 83, p. 1.

(2)  OJ 2011 L 195, p. 55.
Case T-491/11 P: Order of the General Court of 20 November 2012 — Marcuccio v Commission (Appeal — Civil service — Officials — Duration of the procedure for recognising partial permanent invalidity — Harm allegedly suffered by the appellant — Reimbursement of avoidable costs — Action at first instance dismissed as manifestly devoid of any basis in law — Article 94(a) of the Rules of Procedure of the Civil Service Tribunal)
Date: 2012-11-20
Institutions: General Court
Subjects: European official, disability insurance, redemption








C_2013026EN.01004701.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/47





Order of the General Court of 20 November 2012 — Marcuccio v Commission
(Case T-491/11 P) (1)

(Appeal - Civil service - Officials - Duration of the procedure for recognising partial permanent invalidity - Harm allegedly suffered by the appellant - Reimbursement of avoidable costs - Action at first instance dismissed as manifestly devoid of any basis in law - Article 94(a) of the Rules of Procedure of the Civil Service Tribunal)
2013/C 26/92
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Del Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Third Chamber) of 30 June 2011 in Case F-14/10 Marcuccio v Commission, not published in the ECR, seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay the costs incurred by the Commission in the appeal proceedings.






(1)  OJ C 331, 12.11.2011.
2012/730/EU: Council Decision of 20 November 2012 on the position to be taken on behalf of the European Union within the International Jute Study Group regarding the negotiation of new Terms of Reference beyond 2014
Date: 2012-11-20
Institutions: Council of the European Union
Subjects: commodity agreement, international negotiations, jute, world organisation








L_2012328EN.01001801.xml










28.11.2012   


EN


Official Journal of the European Union


L 328/18








            COUNCIL DECISION
         
of 20 November 2012
         
on the position to be taken on behalf of the European Union within the International Jute Study Group regarding the negotiation of new Terms of Reference beyond 2014
(2012/730/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(3) and (4), in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


By Council Decision 2002/312/EC (1), the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 (‘the Agreement’) was approved on behalf of the European Community.












(2)


The current Terms of Reference expire on 30 April 2014 and the question of opening negotiations for the renewal of these Terms of Reference will be discussed in the 15th session of the International Jute Study Group Council meeting in December 2012.












(3)


Renewal of the Agreement is not in the interest of the Union,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken on behalf of the European Union, represented by the Commission, within the International Jute Study Group shall be to vote against the opening of negotiations for the renewal of the Terms of Reference beyond 2014.


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




Done at Brussels, 20 November 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 112, 27.4.2002, p. 34.
Case T-138/12: Order of the General Court of 20 November 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2012-11-20
Institutions: General Court
Subjects: EU trade mark, foodstuff, nutrition, registered trade mark, sport, trade-mark law








C_2013026EN.01004901.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/49





Order of the General Court of 20 November 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION)
(Case T-138/12) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
2013/C 26/98
Language of the case: German

Parties


Applicant: Yves Geipel (Auerbach, Germany) (represented by: J. Sachs, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Marten and R. Pethke, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Jörg Reeh (Buxtehude, Germany)

Re:

Action brought against the decision of the Board of Appeal of OHIM of 12 January 2012 (Case R 2433/2010-1) relating to opposition proceedings between Jörg Reeh and Yves Geipel.

Operative part of the order







1.


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










2.


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






(1)  OJ C 157, 2.6.2012.
Case F-1/11: Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Soukup v Commission (Civil service — Open competition — Non-inclusion on the reserve list — Evaluation of the oral test)
Date: 2012-11-20
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, competition (EU), indemnification








C_2013046EN.01002702.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/27





Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Soukup v Commission
(Case F-1/11) (1)

(Civil service - Open competition - Non-inclusion on the reserve list - Evaluation of the oral test)
2013/C 46/50
Language of the case: French

Parties


Applicant: Zdenek Soukup (Luxembourg, Luxembourg) (represented: initially by É. Boigelot and S. Woog, lawyers, and subsequently by É. Boigelot, lawyer)

Defendant: European Commission (represented: initially by B. Eggers and P. Pecho, acting as Agents, and subsequently by B. Eggers, acting as Agent)

Re:

Civil service — Application for annulment of the decision of the selection board of Open Competition EPSO/AD/144/09 not to enter the applicant on the reserve list and the decision to enter another candidate on that list, and compensation for the material and non-material damage thereby suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


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






(1)  OJ C 72, 5.3.2011, p. 36.
Draft amending budget No 5 of the European Union for the financial year 2012 — Council Position
Date: 2012-11-20
Institutions: Council of the European Union
Subjects: amending budget, draft budget (EU), financial year, general budget (EU)








C_2012363EN.01000401.xml










23.11.2012   


EN


Official Journal of the European Union


C 363/4





Draft amending budget No 5 of the European Union for the financial year 2012 — Council Position
2012/C 363/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic and Energy Community, and in particular Article 106a thereof,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,
Whereas:






—


the Union’s budget for the financial year 2012 was definitively adopted on 1 December 2011 (3),










—


on 19 September 2012, the Commission submitted a proposal containing draft amending budget No 5 to the general budget for the financial year 2012,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council’s position on draft amending budget No 5 of the European Union for the financial year 2012 was adopted on 20 November 2012.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, 20 November 2012.


For the Council


The President

A. D. MAVROYIANNIS




(1)  OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

(2)  OJ L 311, 26.11.2010, p. 9.

(3)  OJ L 56, 29.2.2012, with corrigendum in OJ L 79, 19.3.2012.
Decision of the Court of Justice of 20 November 2012 on official holidays and judicial vacations
Date: 2012-11-20
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, operation of the Institutions, public holiday








C_2012389EN.01000201.xml










15.12.2012   


EN


Official Journal of the European Union


C 389/2





DECISION OF THE COURT OF JUSTICE
of 20 November 2012
on official holidays and judicial vacations
2012/C 389/02
THE COURT
having regard to Article 24(2), (4) and (6) of the Rules of Procedure,
whereas, following the entry into force of the Rules of Procedure of the Court of Justice on 1 November 2012, it is necessary to establish the list of official holidays and to set the dates of the judicial vacations,
HAS ADOPTED THIS DECISION:
Article 1
The list of official holidays within the meaning of Article 24(4) and (6) of the Rules of Procedure is established as follows:






—


New Year’s Day,










—


Easter Monday,










—


1 May,










—


Ascension,










—


Whit Monday,










—


23 June,










—


15 August,










—


1 November,










—


25 December,










—


26 December.




Article 2
For the period from 1 November 2012 to 31 October 2013, the dates of the judicial vacations within the meaning of Article 24(2) and (6) of the Rules of Procedure are as follows:






—


Christmas 2012: from Monday 17 December 2012 to Sunday 6 January 2013 inclusive,










—


Easter 2013: from Monday 25 March 2013 to Sunday 7 April 2013 inclusive,










—


Summer 2013: from Monday 15 July 2013 to Sunday 1 September 2013 inclusive.




Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.


Luxembourg, 20 November 2012.


Registrar

A. CALOT ESCOBAR



President

V. SKOURIS
Prior notification of a concentration (Case COMP/M.6765 — Precision Castparts Corp./Titanium Metals Corporation)  Text with EEA relevance
Date: 2012-11-20
Institutions: European Commission
Subjects: economic concentration, merger control, metallurgical industry








C_2012356EN.01000301.xml










20.11.2012   


EN


Official Journal of the European Union


C 356/3





Prior notification of a concentration
(Case COMP/M.6765 — Precision Castparts Corp./Titanium Metals Corporation)
(Text with EEA relevance)
2012/C 356/03






1.


On 14 November 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Precision Castparts Corp. (‘PCC’, USA) will acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of Titanium Metals Corporation (‘Timet’, USA), by way of public bid announced on 9 November 2012.










2.


The business activities of the undertakings concerned are:






—


for PCC: manufacturer of complex metal components and products, including investment castings, forgings and fasteners/fastener systems, for various applications mainly in the aerospace industry but also industrial gas turbine applications, aerostructures, industrial, armament, medical and other applications,










—


for Timet: worldwide producer of titanium melted and mill products which are used in various industries.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6765 — Precision Castparts Corp./Titanium Metals Corporation, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).