do-me/EUR-LEX huggingface dataset:
Case F-156/12: Action brought on 20 December 2012 — ZZ v Committee of the Regions
Date: 2012-12-20
Institutions: Civil Service Tribunal
Subjects: damages, electronic mail, fine, indemnification








C_2013071EN.01003101.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/31





Action brought on 20 December 2012 — ZZ v Committee of the Regions
(Case F-156/12)
2013/C 71/55
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi, lawyer)

Defendant: Committee of the Regions of the European Union

Subject-matter and description of the proceedings

Annulment of the decision refusing to award damages for wrongful conduct on the part of the Committee of the Regions and application for compensation for material and non-material damage.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of 17 February 2012 dismissing his application of 19 October 2011 for damages for wrongful conduct on the part of the Committee of the Regions;










—


where necessary, annul the decision of the Committee of the Regions of 10 September 2012, notified the same day by email and on 12 September 2012 by letter sent by registered delivery with acknowledgement of receipt, rejecting the applicant’s complaint;










—


order the Committee of the Regions to pay the sum of EUR 354 000 as compensation for material damage, that amount being determined on a provisional basis, and the sum of EUR 100 000 as compensation for non-material damage, that amount being determined on a equitable basis;










—


order the Committee of the Regions to pay the costs.
Information communicated by Member States regarding closure of fisheries
Date: 2012-12-20
Institutions: European Commission
Subjects: Atlantic Ocean, Spain, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012394EN.01002601.xml










20.12.2012   


EN


Official Journal of the European Union


C 394/26





Information communicated by Member States regarding closure of fisheries
2012/C 394/10
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


26.11.2012




Duration


26.11.2012-31.12.2012




Member State


Spain




Stock or group of stocks


BUM/ATLANT




Species


Blue marlin (Makaira nigricans)




Zone


Atlantic Ocean




Type(s) of fishing vessels


—




Reference number


FS77TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
2013/33/EU: Council Decision of 20 December 2012 appointing four members of the Management Board of the European Medicines Agency (EMA)
Date: 2012-12-20
Institutions: Council of the European Union
Subjects: European Medicines Agency, appointment of members, board of directors








L_2013014EN.01001801.xml










18.1.2013   


EN


Official Journal of the European Union


L 14/18








            COUNCIL DECISION
         
of 20 December 2012
         
appointing four members of the Management Board of the European Medicines Agency (EMA)
(2013/33/EU)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 65(1) and (4) thereof,


Having regard to the list of candidates drawn up by the Commission on 8 August 2012,


Having regard to the opinion of the European Parliament,

HAS ADOPTED THIS DECISION:



Article 1
Nikolaos DEDES, born on 15 December 1966, Christophe HUGNET, born on 1 February 1971, Wolf-Dieter LUDWIG, born on 31 January 1952, and Wim WIENTJES, born on 16 September 1937 shall be appointed as members of the Management Board of the European Medicines Agency for a period of three years.


Article 2
The date on which the three-year period referred to in Article 1 will commence shall be determined by the Management Board of the European Medicines Agency.




Done at Brussels, 20 December 2012.


For the Council


The President

E. FLOURENTZOU
            





(1)  
            OJ L 136, 30.4.2004, p. 1.
Council Decision 2012/810/CFSP of 20 December 2012 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
Date: 2012-12-20
Institutions: Council of the European Union
Subjects: Iran, international sanctions, repression, trade restriction




L_2012352EN.01004901.xml










21.12.2012   


EN


Official Journal of the European Union


L 352/49








            COUNCIL DECISION 2012/810/CFSP
of 20 December 2012
         
amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).












(2)


It should be specified that the prohibition to sell, supply, transfer or export equipment which might be used for internal repression in Iran does not apply if the sale, supply, transfer or export of such equipment is intended solely for the protective use of the personnel of the Union and its Member States in Iran, nor to the provision of technical assistance, brokering services and other services or of financing and financial assistance related to such equipment.












(3)


Decision 2011/235/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following paragraph is added to Article 2b of Decision 2011/235/CFSP:

‘3.   Paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of equipment which is intended solely for the protective use of the personnel of the Union and its Member States in Iran, or to the provision of technical assistance, brokering services and other services or of financing and financial assistance related to such equipment, as approved in advance by the relevant competent authority.’.



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




Done at Brussels, 20 December 2012.


For the Council


The President

E. FLOURENTZOU
            





(1)  
            OJ L 100, 14.4.2011, p. 51.
Information communicated by Member States regarding closure of fisheries
Date: 2012-12-20
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, United Kingdom, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2012394EN.01002502.xml










20.12.2012   


EN


Official Journal of the European Union


C 394/25





Information communicated by Member States regarding closure of fisheries
2012/C 394/09
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


19.8.2012




Duration


19.8.2012-31.12.2012




Member State


United Kingdom




Stock or group of stocks


WHG/56-14




Species


Whiting (Merlangius merlangus)




Zone


VI; EU and international waters of Vb; international waters of XII and XIV




Type(s) of fishing vessels


—




Reference number


FS79TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2012-12-20
Institutions: European Commission
Subjects: EU waters, Germany, North Sea, Norwegian Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012394EN.01002602.xml










20.12.2012   


EN


Official Journal of the European Union


C 394/26





Information communicated by Member States regarding closure of fisheries
2012/C 394/11
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


29.11.2012




Duration


29.11.2012-31.12.2012




Member State


Germany




Stock or group of stocks


HKE/2AC4-C.




Species


Hake (Merluccius merluccius)




Zone


EU waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


FS78TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Notice of open competition
Date: 2012-12-20
Institutions: European Personnel Selection Office
Subjects: EPSO, accounting, assistant, audit, competition (EU), statistics








C_2012394EN.01004001.xml










20.12.2012   


EN


Official Journal of the European Union


C 394/40





NOTICE OF OPEN COMPETITION
2012/C 394/15
The European Personnel Selection Office (EPSO) is organising open competition:
EPSO/AST/125/12 — Assistants (AST 3) in the following fields:






1.


Audit










2.


Finance/Accounting










3.


Economics/Statistics




The competition notice is published in 23 languages in Official Journal C 394 A of 20 December 2012.
Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/
Call for applications 2013 — Second programme of Community action in the field of health (2008-2013)  Text with EEA relevance
Date: 2012-12-20
Institutions: European Commission
Subjects: EU programme, invitation to tender, public health








C_2012394EN.01003601.xml










20.12.2012   


EN


Official Journal of the European Union


C 394/36





Call for applications 2013
Second programme of Community action in the field of health (2008-2013)
(Text with EEA relevance)
2012/C 394/13
A call for applications ‘Health — 2013’ is launched today within the framework of the second programme of Community action in the field of health (2008-2013) (1).
This call for applications consists of the following parts:






—


a call for proposals for the award of a financial contribution to specific actions in the form of projects,










—


a call for proposals for the award of a financial contribution to specific actions in the form of conferences,










—


a call for proposals for the award of a financial contribution to the functioning of non-governmental bodies and specialised networks (operating grants),










—


an invitation to Member States and participating countries for submission of joint actions.




The deadline for submissions of the proposals under each call is 22 March 2013.
All the information, including the Commission Decision of 28 November 2012 on the adoption of the work plan for 2013 for the implementation of the second programme of Community action in the field of health (2008-2013), and on the selection, award and other criteria for financial contributions to the actions of this programme, are available on the website of the Executive Agency for Health and Consumers at the following address:
http://ec.europa.eu/eahc


(1)  Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a Second Programme of Community action in the field of Health (2008-2013) (OJ L 301, 20.11.2007, p. 3).
Case C-596/12: Action brought on 20 December 2012 — European Commission v Italian Republic
Date: 2012-12-20
Institutions: Court of Justice
Subjects: Italy, approximation of laws, collective dismissal, infringement of EU law, manager, worker consultation, worker information, works council








C_2013071EN.01000801.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/8





Action brought on 20 December 2012 — European Commission v Italian Republic
(Case C-596/12)
2013/C 71/13
Language of the case: Italian

Parties


Applicant: European Commission (represented by: J. Enegren and C. Cattabriga, Agents)

Defendant: Italian Republic

Form of order sought







—


Declare that, by excluding the category of managers from the scope of the redundancy process laid down in Article 4 of Law No 223/1991, in conjunction with Article 24 of that Law, the Italian Republic has failed to fulfil its obligations under Article 1(1) and (2) of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies; (1)











—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The Commission submits that, by excluding the category of managers from the scope of the redundancy process (procedura di mobilità) laid down in Article 4 of Law No 223/1991, in conjunction with Article 24 of that Law, the Italian Republic has failed to fulfil its obligations under Article 1(1) and (2) of Directive 98/59/EC.
That directive regulates the procedure for informing and consulting with the workers’ representatives which must be followed by an employer where he is contemplating collective redundancies, as well as the procedure for collective redundancies itself.
Pursuant to Article 1(1) and (2) of the directive, such procedures apply to dismissals effected by an employer for one or more reasons not related to the individual workers concerned, where the number of redundancies is above a certain threshold set by reference to the number of workers in the undertaking. In calculating the number of workers employed by the undertaking and also the number of redundancies effected, all workers are included, regardless of their qualifications or duties, the only exceptions being those with contracts of employment concluded for limited periods of time, public employees and the crews of seagoing vessels.
In implementing Directive 98/59/EC, the Italian legislature excluded from the scope of the information and consultation procedures established by it in the case of collective redundancies the category of managers, which, according to the Italian Civil Code, is included within the concept of a worker. Such an exclusion is not only contrary to the general scope of the directive, but is also wholly unjustified. The category of managers in Italian law is, indeed, very broad and even includes workers not entrusted with particular management powers in the context of the undertaking and defined as managers only in that they possesses a high level of professional qualifications.


(1)  OJ 1998 L 225, p. 16.
Case C-598/12: Action brought on 20 December 2012 — European Commission v Republic of Poland
Date: 2012-12-20
Institutions: Court of Justice
Subjects: Poland, domestic market, electrical energy, infringement of EU law, national implementing measure, periodic penalty payment








C_2013079EN.01000801.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/8





Action brought on 20 December 2012 — European Commission v Republic of Poland
(Case C-598/12)
2013/C 79/14
Language of the case: Polish

Parties


Applicant: European Commission (represented by: P. Hetsch, O. Beynet and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Article 2(1), (22), (32) and (33), Article 3(7), (8) and (13), Article 6(1) and (3), Article 9 as well as Articles 13 to 14 and Articles 17 to 23, Articles 10 and 11, Article 16(1) and (2), Article 26(2)(b), (c) and (d), third and fourth sentences, Article 29, Article 38(1) to (4), Article 39(1) to (4) and Article 40(1) to (3) and (5) to (7) of, and points 1 and 2 of Annex I to, Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, (1) and in any event by not notifying the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 49(1) of that directive;










—


impose upon the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2009/72/EC at the daily rate of EUR 84 378,24 from the day on which judgment is delivered in the present case;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period for transposing Directive 2009/72/EC expired on 3 March 2011.


(1)  OJ 2009 L 211, p. 55.
Euro exchange rates
Date: 2012-12-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2012394EN.01001701.xml










20.12.2012   


EN


Official Journal of the European Union


C 394/17





Euro exchange rates (1)

19 December 2012
2012/C 394/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3302




JPY


Japanese yen


112,36




DKK


Danish krone


7,4608




GBP


Pound sterling


0,81610




SEK


Swedish krona


8,6662




CHF


Swiss franc


1,2096




ISK


Iceland króna


 




NOK


Norwegian krone


7,3755




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,254




HUF


Hungarian forint


286,81




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,0736




RON


Romanian leu


4,4755




TRY


Turkish lira


2,3682




AUD


Australian dollar


1,2667




CAD


Canadian dollar


1,3126




HKD


Hong Kong dollar


10,3092




NZD


New Zealand dollar


1,5889




SGD


Singapore dollar


1,6212




KRW


South Korean won


1 426,11




ZAR


South African rand


11,2696




CNY


Chinese yuan renminbi


8,2902




HRK


Croatian kuna


7,5355




IDR


Indonesian rupiah


12 836,19




MYR


Malaysian ringgit


4,0618




PHP


Philippine peso


54,493




RUB


Russian rouble


40,7900




THB


Thai baht


40,717




BRL


Brazilian real


2,7678




MXN


Mexican peso


16,8993




INR


Indian rupee


72,5690






(1)  Source: reference exchange rate published by the ECB.
Case C-599/12: Request for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge (Belgium) lodged on 20 December 2012 — JETAIR NV, BTW-eenheid BTWE Travel4you v FOD FINANCIËN
Date: 2012-12-20
Institutions: Court of Justice
Subjects: Belgium, VAT, equal treatment, free movement of persons, interpretation of the law, principle of proportionality, tax, tax exemption, tax system, travel, travel agency








C_2013086EN.01000901.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/9





Request for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge (Belgium) lodged on 20 December 2012 — JETAIR NV, BTW-eenheid BTWE Travel4you v FOD FINANCIËN
(Case C-599/12)
2013/C 86/13
Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Brugge

Parties to the main proceedings


Applicants: JETAIR NV, BTW-eenheid BTWE Travel4you

Defendant: FOD FINANCIËN

Questions referred







1.


Was Belgium entitled to amend its legislation by taxing an exempt service — in this case, journeys outside the EU — at a point in time (1 December 1977) just before the introduction of the Sixth VAT Directive (1) (1 January 1978) and thus circumvent the standstill provision in Article 28(3) of the Sixth Directive (now Article 370 of Council Directive 2006/112/EC), (2) which provides that the journeys referred to may continue to be taxed only if they were already taxed prior to the adoption of the Sixth Directive?










2.


Should Belgium have refrained from taxing journeys outside the EU as of 13 June 1977 (the date of publication of the Sixth Directive)?










3.


Does Belgium infringe Article 309 of Council Directive 2006/112/EC by not treating travel agents, as regards their services outside the Community, as intermediaries and continuing nevertheless to tax those services?










4.


Do Articles 309, 153 and 370 of, and Annex X to, Council Directive 2006/112/EC infringe the general principles of Community law, the principle of equality, the principle of proportionality and the provisions concerning the free movement of persons, goods and services, inter alia, Articles 43 and 56 of the EC Treaty, by giving Member States the right to choose whether or not to tax services relating to journeys outside the Community?










5.


Is it contrary to the principles of Community law, in particular the principles of equality and proportionality and the principle of neutrality with regard to VAT, for the Belgian State, by Royal Decree of 28 November 1999, to have made only travel agents, but not intermediaries, taxable with regard to journeys outside the EU?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Information communicated by Member States regarding closure of fisheries
Date: 2012-12-20
Institutions: European Commission
Subjects: EU waters, English Channel, Netherlands, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012394EN.01002501.xml










20.12.2012   


EN


Official Journal of the European Union


C 394/25





Information communicated by Member States regarding closure of fisheries
2012/C 394/08
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


30.11.2012




Duration


30.11.2012-31.12.2012




Member State


The Netherlands




Stock or group of stocks


SRX/07D.




Species


Skates and rays (rajiformes)




Zone


EU waters of VIId




Type(s) of fishing vessels


—




Reference number


FS80TQ43






(1)  OJ L 343, 22.12.2009, p. 1.