do-me/EUR-LEX huggingface dataset:
Case F-63/09: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Donati v ECB (Civil service — ECB Staff — Complaint of psychological harassment — Administrative inquiry — Access to the file of the inquiry — Transmission of the case-file to persons impugned in the complaint — Duty of confidentiality — Respect for the rights of the defence)
Date: 2012-12-13
Institutions: Civil Service Tribunal
Subjects: European civil service, confidentiality, psychological harassment, rights of the defence








C_2013046EN.01002502.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/25





Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Donati v ECB
(Case F-63/09) (1)

(Civil service - ECB Staff - Complaint of psychological harassment - Administrative inquiry - Access to the file of the inquiry - Transmission of the case-file to persons impugned in the complaint - Duty of confidentiality - Respect for the rights of the defence)
2013/C 46/45
Language of the case: French

Parties


Applicant: Paola Donati (Frankfurt-am-Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: F. Feyerbacher and N. Urban, Agents, and by B. Wägenbaur, lawyer)

Re:

Civil service — Annulment of the ECB’s decision not to take further action on claims relating to alleged psychological harassment suffered by the applicant, and compensation for the non-material harm suffered

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Donati to bear her own costs and to pay the costs incurred by the European Central Bank.






(1)  OJ C 205, 29.8.2009, p. 50.
Case T-641/11 P: Order of the General Court of 13 December 2012 — Mische v Commission (Appeal — Civil service — Officials — Appointment — Classification in grade and step — Competition published before the entry into force of the new Staff Regulations of Officials — Recruitment by the Parliament and simultaneous transfer to the Commission — No need to adjudicate in part — Appeal in part clearly unfounded)
Date: 2012-12-13
Institutions: General Court
Subjects: European official, appointment of staff, classification, regulations for civil servants








C_2013038EN.01002402.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/24





Order of the General Court of 13 December 2012 — Mische v Commission
(Case T-641/11 P) (1)

(Appeal - Civil service - Officials - Appointment - Classification in grade and step - Competition published before the entry into force of the new Staff Regulations of Officials - Recruitment by the Parliament and simultaneous transfer to the Commission - No need to adjudicate in part - Appeal in part clearly unfounded)
2013/C 38/43
Language of the case: English

Parties


Appellant: Harald Mische (Brussels, Belgium) (represented by: R. Holland, J. Mische and M. Velardo, lawyers)

Other parties to the proceedings: European Commission (represented by: J. Currall, acting as Agent); and Council of the European Union (represented by: A.F. Jensen and J. Herrmann, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 September 2011 in Case F-70/05 Mische v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000, seeking to have that judgment set aside.

Operative part of the order







1.


There is no further need to adjudicate on the appeal to the extent that it is directed against the judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2011 in Case F-70/05 Mische v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000 in so far as that judgment dismisses the claims for annulment of the decision of the Commission of the European Communities of 11 November 2004 because that decision determines Mr Harald Mische’s grade to be A*6;










2.


The appeal is dismissed as to the remainder;










3.


Mr Harald Mische shall bear his own costs and pay those incurred by the European Commission in the present proceedings;










4.


The Council of the European Union shall bear its own costs.






(1)  OJ C 49, 18.2.2012.
Case T-199/11 P: Judgment of the General Court of 13 December 2012 — Strack v Commission (Appeal — Civil Service — Officials — Articles 17, 17a, 19 and 90(1) of the Staff Regulations — Application for authorisation to disclose documents — Application for authorisation to publish a text — Application for authorisation to use findings before national judicial authorities — Inadmissibility of the action at first instance — No act adversely affecting an official — Article 90(a) of the Rules of Procedure)
Date: 2012-12-13
Institutions: General Court
Subjects: Civil Service Tribunal, European official, access to EU information, provision of documents, ruling








C_2013038EN.01002001.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/20





Judgment of the General Court of 13 December 2012 — Strack v Commission
(Case T-199/11 P) (1)

(Appeal - Civil Service - Officials - Articles 17, 17a, 19 and 90(1) of the Staff Regulations - Application for authorisation to disclose documents - Application for authorisation to publish a text - Application for authorisation to use findings before national judicial authorities - Inadmissibility of the action at first instance - No act adversely affecting an official - Article 90(a) of the Rules of Procedure)
2013/C 38/33
Language of the case: German

Parties


Appellant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and B. Eggers, Agents, and by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-132/07 Strack v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000 and seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Guido Strack to bear his own costs and to pay those incurred by the European Commission;










3.


Orders Mr Strack to pay the Civil Service Tribunal EUR 2 000 in order to reimburse part of the costs which that latter had to incur.






(1)  OJ C 232, 6.8.2011.
Case F-42/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Honnefelder v Commission (Civil service — Open competition — Annulment of the decision of a selection board — Implementation of a judgment — Principle of legality — Plea of illegality against a decision to reopen the procedure for an open competition)
Date: 2012-12-13
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, competition (EU), enforcement of ruling, legality








C_2013046EN.01002803.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/28





Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Honnefelder v Commission
(Case F-42/11) (1)

(Civil service - Open competition - Annulment of the decision of a selection board - Implementation of a judgment - Principle of legality - Plea of illegality against a decision to reopen the procedure for an open competition)
2013/C 46/54
Language of the case: German

Parties


Applicant: Stephanie Honnefelder (Brussels, Belgium) (represented by: C. Bode, lawyer)

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

Re:

Civil service — Application for annulment of the decision not to include the applicant on the reserve list for competition EPSO/AD/26/05

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Honnefelder to bear two-thirds of her own costs.










3.


Orders the European Commission to bear its own costs and to pay one third of Ms Honnefelder’s costs.






(1)  OJ C 183, 25.6.2011, p. 34.
Case C-379/11: Judgment of the Court (Second Chamber) of 13 December 2012 (request for a preliminary ruling from the Cour administrative — Luxembourg) — Caves Krier Frères SARL v Directeur de l’Administration de l’emploi (Freedom of movement for workers — Article 45 TFEU — Subsidy for the recruitment of older unemployed persons and the long-term unemployed — Condition of registration with a placement office of the national employment administration — Residence condition — Restriction — Justification)
Date: 2012-12-13
Institutions: Court of Justice
Subjects: equal treatment, free movement of workers, interpretation of the law, job creation, recruitment, reintegration into working life, residence, social-security contribution








C_2013038EN.01000702.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/7





Judgment of the Court (Second Chamber) of 13 December 2012 (request for a preliminary ruling from the Cour administrative — Luxembourg) — Caves Krier Frères SARL v Directeur de l’Administration de l’emploi
(Case C-379/11) (1)

(Freedom of movement for workers - Article 45 TFEU - Subsidy for the recruitment of older unemployed persons and the long-term unemployed - Condition of registration with a placement office of the national employment administration - Residence condition - Restriction - Justification)
2013/C 38/07
Language of the case: French

Referring court

Cour administrative

Parties to the main proceedings


Appellant: Caves Krier Frères SARL

Respondent: Directeur de l’Administration de l’emploi

Re:

Request for a preliminary ruling — Cour administrative — Interpretation of Articles 21 TFEU and 45 TFEU — National legislation making reimbursement of social security contributions to private sector employers upon the hiring of unemployed persons aged over 45 years subject to the condition that the persons be registered with a placement office of the national employment administration for at least one month — Registration condition subject to a residence condition — Obstacle to the free movement of workers — Infringement of the principle of equal treatment

Operative part of the judgment

Article 45 TFEU must be interpreted as precluding legislation of a Member State which makes the grant to employers of a subsidy for the recruitment of unemployed persons aged over 45 years subject to the condition that the unemployed person recruited has been registered as a job seeker in that same Member State, in the case where such registration is subject to a condition of residence in the national territory, this being a matter for the referring court to verify.


(1)  OJ C 298, 8.10.2011.
The EFTA Surveillance Authority’s notice on current State aid recovery interest rates and reference/discount rates for three EFTA States applicable as from 1 September 2012 (Published in accordance with Article 10 of the Authority’s Decision No 195/04/COL of 14 July 2004 )
Date: 2012-12-13
Institutions: EFTA Surveillance Authority
Subjects: EFTA countries, Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2012384EN.01001301.xml










13.12.2012   


EN


Official Journal of the European Union


C 384/13





The EFTA Surveillance Authority’s notice on current State aid recovery interest rates and reference/discount rates for three EFTA States applicable as from 1 September 2012

(Published in accordance with Article 10 of the Authority’s Decision No 195/04/COL of 14 July 2004
 (1)
)

2012/C 384/11
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of the Authority’s State aid Guidelines as amended by the Authority’s Decision No 788/08/COL of 17 December 2008 (2). To get the applicable reference rate, appropriate margins have to be added in accordance with the State aid Guidelines. For the discount rate this means that the appropriate margin of 100 basis points has to be added to the base rate. The recovery rate will also normally be calculated by adding 100 basis points to the base rate as foreseen in the Authority’s Decision No 789/08/COL of 17 December 2008 (3) amending the Authority’s Decision No 195/04/COL of 14 July 2004 (4).








 


Iceland


Liechtenstein


Norway




1.1.2012-31.5.2012


4,70


0,31


3,57




1.6.2012-31.7.2012


4,70


0,38


3,57




1.8.2012-31.8.2012


5,90


0,38


3,57




1.9.2012-


5,90


0,38


2,95






(1)  OJ L 139, 25.5.2006, p. 37 and in the EEA Supplement No 26, 25.5.2006, p. 1.

(2)  OJ L 105, 21.4.2011, p. 32 and in the EEA Supplement No 23, 21.4.2011, p. 1.

(3)  OJ L 340, 22.12.2010, p. 1 and in the EEA Supplement No 72, 22.12.2010, p. 1.

(4)  See consolidated version on: http://www.eftasurv.int/media/decisions/195-04-COL.pdf
Case F-151/12: Action brought on 13 December 2012 — ZZ v Commission
Date: 2012-12-13
Institutions: Civil Service Tribunal
Subjects: European civil service, expatriate worker, indemnification








C_2013055EN.01002602.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/26





Action brought on 13 December 2012 — ZZ v Commission
(Case F-151/12)
2013/C 55/45
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 decision refusing the applicant the benefit of the expatriation allowance.

Form of order sought







—


Annul the decision of the Office for the Administration and Payment of Individual Entitlements (PMO) refusing the applicant the benefit of the expatriation allowance in accordance with Article 4 of Annex VII of the Staff Regulations;










—


to the extent necessary, annul the decision rejecting his complaint of 31 August 2012;










—


order the Commission to pay the costs.
Case F-2/11: Judgment of the Civil Service Tribunal (Third Chamber) of 13 December 2012 — BW v Commission (Civil service — Officials — Recruitment — Probationary official — Not established at the end of the probationary period — Statement of reasons on which the decision to dismiss a probationary official is based — Rights of the defence)
Date: 2012-12-13
Institutions: Civil Service Tribunal
Subjects: European official, administrative competition, appointment of staff, indemnification, probationary period, rights of the defence








C_2013038EN.01003002.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/30





Judgment of the Civil Service Tribunal (Third Chamber) of 13 December 2012 — BW v Commission
(Case F-2/11) (1)

(Civil service - Officials - Recruitment - Probationary official - Not established at the end of the probationary period - Statement of reasons on which the decision to dismiss a probationary official is based - Rights of the defence)
2013/C 38/57
Language of the case: French

Parties


Applicant: BW (Brussels, Belgium) (represented by: L. Levi, S. Bonté and A. Blot, lawyers, subsequently by H. Soland, lawyer)

Defendant: European Commission (represented by: J. Baquero Cruz and P. Pecho, Agents, subsequently by J. Baquero Cruz, Agent)

Re:

Annulment of the decision to dismiss the applicant at the end of the probationary period and compensation for the loss suffered as a result of that decision.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


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






(1)  OJ C 72, 5.3.2011, p. 36.
Corrigendum to Decision of the EEA Joint Committee No 103/2012 of 15 June 2012 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement ( OJ L 270, 4.10.2012 )
Date: 2012-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal breeding, cattle, domestic animal, poultry, poultrymeat, rabies, revision of an agreement, vaccination, veterinary inspection








L_2012340EN.01004001.xml










13.12.2012   


EN


Official Journal of the European Union


L 340/40







Corrigendum to Decision of the EEA Joint Committee No 103/2012 of 15 June 2012 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
(
Official Journal of the European Union L 270 of 4 October 2012
)

On page 2, Article 1(2), in the first paragraph of new point 149, the words ‘supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs’ shall be added after the words ‘Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011’.
Information communicated by Member States regarding closure of fisheries
Date: 2012-12-13
Institutions: European Commission
Subjects: Germany, Norwegian Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012384EN.01000601.xml










13.12.2012   


EN


Official Journal of the European Union


C 384/6





Information communicated by Member States regarding closure of fisheries
2012/C 384/05
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


21.11.2012




Duration


21.11.2012-31.12.2012




Member State


Germany




Stock or group of stocks


HER/1/2-




Species


Herring (Clupea harengus)




Zone


EU, Norwegian and international waters of I and II




Type(s) of fishing vessels


—




Reference number


FS55TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Initiation of proceedings (Case COMP/M.6576 — Munksjö/Ahlstrom) Text with EEA relevance
Date: 2012-12-13
Institutions: European Commission
Subjects: economic concentration, merger control, pulp and paper industry








C_2012384EN.01000401.xml










13.12.2012   


EN


Official Journal of the European Union


C 384/4





Initiation of proceedings
(Case COMP/M.6576 — Munksjö/Ahlstrom)
(Text with EEA relevance)
2012/C 384/03
On 7 December 2012, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 2967244) or by post, under reference COMP/M.6576 — Munksjö/Ahlstrom, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË
Commission Regulation (EU) No 1211/2012 of 13 December 2012 establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain
Date: 2012-12-13
Institutions: European Commission
Subjects: Atlantic Ocean, Spain, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012348EN.01000501.xml










18.12.2012   


EN


Official Journal of the European Union


L 348/5








            COMMISSION REGULATION (EU) No 1211/2012
of 13 December 2012
         
establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non- EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2012.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2012.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2012 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2012.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 25, 27.1.2012, p. 55.




ANNEX






No


77/TQ44




Member State


Spain




Stock


BUM/ATLANT




Species


Blue marlin (Makaira nigricans)




Zone


Atlantic Ocean




Date


26.11.2012
Case T-424/11: Order of the General Court of 13 December 2012 — Cementos Molins v Commission
Date: 2012-12-13
Institutions: General Court
Subjects: State aid, control of State aid, shareholding, tax system








C_2013038EN.01002602.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/26





Order of the General Court of 13 December 2012 — Cementos Molins v Commission
(Case T-424/11) (1)

2013/C 38/48
Language of the case: Spanish
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 282, 24.9.2011.