do-me/EUR-LEX huggingface dataset:
Case T-85/12: Order of the General Court of 12 December 2012 — Lilleborg v OHIM — Hardford Sweden (Pierre Robert)
Date: 2012-12-12
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2013032EN.01002606.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/26





Order of the General Court of 12 December 2012 — Lilleborg v OHIM — Hardford Sweden (Pierre Robert)
(Case T-85/12) (1)

2013/C 32/46
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 118, 21.4.2012.
Case T-86/12: Order of the General Court of 12 December 2012 — Robert Group v OHIM — Hardford Sweden (Pierre Robert)
Date: 2012-12-12
Institutions: General Court
Subjects: EU trade mark, clothing industry, cosmetic product, registered trade mark, trade-mark law








C_2013032EN.01002701.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/27





Order of the General Court of 12 December 2012 — Robert Group v OHIM — Hardford Sweden (Pierre Robert)
(Case T-86/12) (1)

2013/C 32/47
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 118, 21.4.2012.
Case F-109/11: Order of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Lebedef v Commission (Civil service — Officials — Appraisal procedure for 2009 — Half -time secondment for the purposes of union representation — Staff report covering the tasks carried out in the service to which he was assigned — Designation under the Staff Regulations — Designation for union purposes — Action manifestly lacking any foundation in law)
Date: 2012-12-12
Institutions: Civil Service Tribunal
Subjects: European official, job description, legal basis, union representative








C_2013038EN.01003203.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/32





Order of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Lebedef v Commission
(Case F-109/11) (1)

(Civil service - Officials - Appraisal procedure for 2009 - Half -time secondment for the purposes of union representation - Staff report covering the tasks carried out in the service to which he was assigned - Designation under the Staff Regulations - Designation for union purposes - Action manifestly lacking any foundation in law)
2013/C 38/63
Language of the case: French

Parties


Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission (represented by: C Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Application for annulment of the applicant’s staff report for the period from 1 January 2008 to 31 December 2009.

Operative part of the order







1.


The action is dismissed as manifestly lacking any foundation in law.










2.


Mr Lebedef must bear her own costs and is ordered pay the costs incurred by the European Commission.






(1)  OJ C 6, 7.1.2012, p. 26.
Case T-400/09: Judgment of the General Court of 12 December 2012 — Ecka Granulate and non ferrum Metallpulver v European Commission (Competition — Cartels — Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Fines — Principle of the legality of criminal offences and penalties — 2006 guidelines for the calculation of the amount of fines — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Ability to pay)
Date: 2012-12-12
Institutions: General Court
Subjects: European Economic Area, competition, equal treatment, fine, fixing of prices, gas, infringement of EU law, market-sharing agreement, metallurgical industry, principle of proportionality








C_2013032EN.01001602.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/16





Judgment of the General Court of 12 December 2012 — Ecka Granulate and non ferrum Metallpulver v European Commission
(Case T-400/09) (1)

(Competition - Cartels - Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - Fines - Principle of the legality of criminal offences and penalties - 2006 guidelines for the calculation of the amount of fines - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Ability to pay)
2013/C 32/24
Language of the case: German

Parties


Applicants: Ecka Granulate GmbH & Co. KG (Fürth, Germany); non ferrum Metallpulver GmbH & Co. KG (St. Georgen bei Salzburg, Austria) (represented initially by: H. Janssen and M. Franz, and subsequently by: H. Janssen and P. Homann, lawyers)

Defendant: European Commission (represented by: A. Antoniadis, K. Mojzesowicz and N. von Lingen, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and G. Kimberley, acting as Agents)

Re:

Action for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicants and, in the alternative, reduction of the fine imposed on the applicants in that decision

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ecka Granulate GmbH & Co. KG and non ferrum Metallpulver GmbH & Co. KG to pay the costs incurred by the European Commission and to bear their own costs;










3.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 297, 5.12.2009.
Case T-231/00: Order of the General Court of 12 December 2012 — Adriatica di Navigazione and Comitato ‘Venezia Vuole Vivere’ v Commission (Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Date: 2012-12-12
Institutions: General Court
Subjects: Italy, State aid, Veneto, control of State aid, social-security contribution, type of business








C_2013038EN.01002102.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/21





Order of the General Court of 12 December 2012 — Adriatica di Navigazione and Comitato ‘Venezia Vuole Vivere’ v Commission
(Case T-231/00) (1)

(Action for annulment - State aid - Relief from social security contributions for firms in Venice and Chioggia - Decision declaring the aid scheme incompatible with the common market and requiring recovery of aid paid - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
2013/C 38/37
Language of the case: Italian

Parties


Applicants: Adriatica di Navigazione SpA (Venice, Italy) and Comitato ‘Venezia Vuole Vivere’ (Venice) (represented by: M. Siragusa and F. Moretti, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, agent, and A. Dal Ferro, lawyer)

Intervener in support of the applicants: Italian Republic (represented: initially by U. Leanza, then by I. Braguglia, then by R. Adam, and lastly by I. Bruni, agents, and by G. Aiello and P. Gentili, avvocati dello Stato)

Re:

Action for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws 30/1997 and 206/1995 (OJ 2000 L 150, p. 50)

Operative part of the order







1.


The plea of inadmissibility raised by the European Commission is considered with the substance of the case.










2.


The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law.










3.


Adriatica di Navigazione SpA and the Comitato ‘Venezia vuole vivere’ shall bear their own costs and pay those of the Commission.










4.


The Italian Republic shall bear its own costs.






(1)  OJ C 316, 4.11.2000.
Case F-106/12: Order of the Civil Service Tribunal of 12 December 2012 — Goddijn v Europol
Date: 2012-12-12
Institutions: Civil Service Tribunal
Subjects: European civil service, contract staff, right of action, work contract








C_2013046EN.01003307.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/33





Order of the Civil Service Tribunal of 12 December 2012 — Goddijn v Europol
(Case F-106/12)
2013/C 46/73
Language of the case: Dutch
The President of the First Chamber has ordered that the case be removed from the register.
Case T-392/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — 1. garantovaná v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Fines — Ceiling of 10 % of turnover — Relevant turnover — Rights of the defence — Obligation to state reasons — Proportionality — 2006 Guidelines on the method of setting fines — Ability to pay)
Date: 2012-12-12
Institutions: General Court
Subjects: European Economic Area, chemical product, equal treatment, fine, fixing of prices, free competition, gas industry, infringement of EU law, market-sharing agreement, metallurgical industry








C_2013032EN.01001601.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/16





Judgment of the General Court (Third Chamber) of 12 December 2012 — 1. garantovaná v Commission
(Case T-392/09) (1)

(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Imputability of the unlawful conduct - Fines - Ceiling of 10 % of turnover - Relevant turnover - Rights of the defence - Obligation to state reasons - Proportionality - 2006 Guidelines on the method of setting fines - Ability to pay)
2013/C 32/23
Language of the case: English

Parties


Applicant: 1. garantovaná a.s. (Bratislava, Slovakia) (represented initially by: M. Powell, Solicitor, A. Sutton and G. Forwood, Barristers, and subsequently by M. Powell, G. Forwood, M. Staroň and P. Hodál, lawyers)

Defendant: European Commission (represented by: J. Bourke, N. von Lingen and A. Tokár, acting as Agents)

Re:

Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders 1. garantovaná a.s. to pay the costs.






(1)  OJ C 297, 5.12.2009.
European Parliament legislative resolution of 12 December 2012 on the proposal for a regulation of the European Parliament and of the Council on European statistics on safety from crime (COM(2011)0335 — C7-0155/2011 — 2011/0146(COD))
Date: 2012-12-12
Institutions: Committee on Budgets, Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU national, EU statistics, delinquency, public safety, social survey








C_2015434EN.01021602.xml










23.12.2015   


EN


Official Journal of the European Union


C 434/216





P7_TA(2012)0494
European statistics on safety from crime ***I
European Parliament legislative resolution of 12 December 2012 on the proposal for a regulation of the European Parliament and of the Council on European statistics on safety from crime (COM(2011)0335 — C7-0155/2011 — 2011/0146(COD))
(Ordinary legislative procedure: first reading)
(2015/C 434/42)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0335),










—


having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0155/2011),










—


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










—


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 (A7-0365/2012),












1.


Rejects the Commission proposal;












2.


Calls on the Commission to withdraw its proposal and submit a new one;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Case T-536/12: Action brought on 12 December 2012 — Aroa Bodegas v OHIM — Bodegas Muga (aroa)
Date: 2012-12-12
Institutions: General Court
Subjects: EU trade mark, beverage industry, designs and models, registered trade mark, trade-mark law, wine








C_2013038EN.01002503.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/25





Action brought on 12 December 2012 — Aroa Bodegas v OHIM — Bodegas Muga (aroa)
(Case T-536/12)
2013/C 38/46
Language in which the application was lodged: Spanish

Parties


Applicant: Aroa Bodegas, SL (Zurukoain, Spain) (represented by: S. Alonso Maruri, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bodegas Muga, SL (Haro, Spain)

Form of order sought

The applicant claims that the General Court should:






—


annul and therefore declare inapplicable the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 October 2012 in Case R 1845/2010-4;










—


annul and therefore declare inapplicable the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2010 (opposition B1509499);










—


order the Office for Harmonisation in the Internal Market to pay the costs incurred by the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark with the word element ‘aroa’ for goods in Classes 29, 32 and 33 — Community trade mark application No 8 276 297

Proprietor of the mark or sign cited in the opposition proceedings: Bodegas Muga, SL

Mark or sign cited in opposition: National figurative mark with word element ‘aro’ for goods in Class 33

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal allowed in part

Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Notice of the expiry of certain anti-dumping measures
Date: 2012-12-12
Institutions: European Commission
Subjects: China, Taiwan, anti-dumping duty, import (EU), manufactured goods, originating product








C_2012382EN.01001201.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/12





Notice of the expiry of certain anti-dumping measures
2012/C 382/10
Further to the publication of a notice of impending expiry (1) following which no duly substantiated request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2).









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Gas-fuelled, non-refillable pocket flint lighters and certain refillable pocket flint lighters


People's Republic of China and Taiwan


Anti-dumping duty


Council Regulation (EC) No 1458/2007 (OJ L 326, 12.12.2007, p. 1)


13.12.2012






(1)  OJ C 127, 1.5.2012, p. 3.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  The measure expires at midnight of the day mentioned in this column.
Case F-43/10: Judgment of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Maria Concetta Cerafogli v ECB (Civil service — Staff of the ECB — Complaint of psychological harassment — Administrative inquiry — Access to the file of the inquiry — Report on the inquiry — Manifest error of assessment)
Date: 2012-12-12
Institutions: Civil Service Tribunal
Subjects: European civil service, access to EU information, anti-discriminatory measure, damages, freedom of self-determination, indemnification, member of the European Central Bank, psychological harassment, research report








C_2013038EN.01002902.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/29





Judgment of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Maria Concetta Cerafogli v ECB
(Case F-43/10) (1)

(Civil service - Staff of the ECB - Complaint of psychological harassment - Administrative inquiry - Access to the file of the inquiry - Report on the inquiry - Manifest error of assessment)
2013/C 38/54
Language of the case: English

Parties


Applicant: Maria Concetta Cerafogli (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented by: P. Embley and F. Feyerbacher, Agents, assisted by B. Wägenbaur, lawyer)

Re:

The annulment of the decision of the ECB rejecting the applicant’s complaints of discrimination and damage to her dignity caused by the conduct of her management and a claim for damages.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action.










2.


Declares that Mrs Cerafogli must bear her own costs and orders her to pay the costs of the European Central Bank.






(1)  OJ C 209, 31.7.2010, p. 56.
Case T-457/07: Judgment of the General Court of 12 December 2012 — Evropaïki Dynamiki v EFSA (Public procurement — Tender procedure — Provision of IT consultancy assistance services — Rejection of a tender and decision to award the contract to another tenderer — Admissibility — Obligation to state reasons — Selection criteria — Award criteria — Compliance with award criteria laid down in the tender specifications — Manifest error of assessment)
Date: 2012-12-12
Institutions: General Court
Subjects: administrative contract, award of contract, computer systems, invitation to tender, provision of services, self-employed person








C_2013032EN.01001501.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/15





Judgment of the General Court of 12 December 2012 — Evropaïki Dynamiki v EFSA
(Case T-457/07) (1)

(Public procurement - Tender procedure - Provision of IT consultancy assistance services - Rejection of a tender and decision to award the contract to another tenderer - Admissibility - Obligation to state reasons - Selection criteria - Award criteria - Compliance with award criteria laid down in the tender specifications - Manifest error of assessment)
2013/C 32/20
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by N. Korogiannakis, lawyer)

Defendant: European Food Safety Authority (EFSA) (represented initially by A. Cuvillier, subsequently by S. Gabbi and D. Detken, and finally by D. Detken, acting as Agents, assisted by J. Stuyck and A.-M. Vandromme, lawyers)

Re:

Application for annulment of the decision of EFSA of 1 October 2007 rejecting the tender submitted by the applicant in response to Call for Tenders EFSA/IT/2007/14 for IT Consultancy Assistance (OJ 2007/S 97-118626) and awarding the contract to another tenderer.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Food Safety Authority (EFSA) rejecting the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in response to Call for Tenders EFSA/IT/2007/14 for IT Consultancy Assistance and awarding the contract to another tenderer;










2.


Orders EFSA to pay the costs.






(1)  OJ C 51, 23.2.2008.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2013 under certain quotas opened by the Community for products in the poultrymeat sector
Date: 2012-12-12
Institutions: European Commission
Subjects: poultry, poultrymeat, tariff quota








C_2012382EN.01001101.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/11





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2013 under certain quotas opened by the Community for products in the poultrymeat sector
2012/C 382/09
Commission Regulation (EC) No 616/2007 (1) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of October 2012 for the subperiod 1 January to 31 March 2013 are, for quotas 09.4212, 09.4214, 09.4217 and 09.4218, for quantities smaller than those available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 April to 30 June 2013; they are set out in the Annex to this communication.


(1)  OJ L 142, 5.6.2007, p. 3.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April to 30 June 2013
(in kg)




09.4212


17 362 420




09.4214


20 980 800




09.4217


11 252 000




09.4218


9 276 800