do-me/EUR-LEX huggingface dataset:
Case T-143/13: Action brought on 13 March 2013 — Zhejiang Heda Solar Technology v Commission
Date: 2013-03-13
Institutions: General Court
Subjects: China, dumping, import (EU), market economy, originating product, principle of legal certainty, solar energy, third country








C_2013123EN.01002302.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/23





Action brought on 13 March 2013 — Zhejiang Heda Solar Technology v Commission
(Case T-143/13)
2013/C 123/40
Language of the case: French

Parties


Applicant: Zhejiang Heda Solar Technology Co. Ltd (Fuyang, China) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: European Commission

Form of order sought







—


Annul, pursuant to Article 263 of the Treaty on the Functioning of the European Union, the decision of the European Commission communicated by letter of 3 January 2013, No H4/JN/Ref.t13.000011, informing the applicant that it would not examine the applicant’s request to be granted the status of undertaking operating under market economy conditions, filed pursuant to Article 2(7)(b) of Council Regulation (EC) No 1225/2009, in the antidumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components originating in the People’s Republic of China, opened on 6 September 2012 (AD 590);










—


Declare inapplicable to the applicant as regards the present application, by virtue of Article 277 of the Treaty on the Functioning of the European Union, Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (OJ 2012 L 344, p. 1);










—


And, consequently, order the Commission and any interveners to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging breach of the principles of legal certainty, legitimate expectations and proportionality, in that the contested decision withdrew, with retroactive effect, the applicant’s previously acquired right to have its request for the status of undertaking operating under market economy conditions examined by the Commission without there being an overriding interest to justify that withdrawal.
Case T-553/10: Judgment of the General Court of 13 March 2013 — Biodes v OHIM — Manasul Internacional (FARMASUL) (Community trade mark — Opposition proceedings — Application for the Community figurative mark FARMASUL — Earlier Spanish figurative mark MANASUL — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-03-13
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013123EN.01001601.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/16





Judgment of the General Court of 13 March 2013 — Biodes v OHIM — Manasul Internacional (FARMASUL)
(Case T-553/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark FARMASUL - Earlier Spanish figurative mark MANASUL - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 123/26
Language of the case: Spanish

Parties


Applicant: Biodes, SL (Madrid, Spain) (represented by: E. Manresa Medina, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Manasul Internacional, SL (Ponferrada, Spain) (represented by: M.I. Escudero Pérez, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 1034/2009-1), relating to opposition proceedings between Manasul Internacional, SL and Biodes, SL

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders Biodes, SL to pay the costs.






(1)  OJ C 30, 29.1.2011.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2013-03-13
Institutions: European Commission
Subjects: Portugal, State aid, competition, control of State aid, regional development








C_2013073EN.01000101.xml










13.3.2013   


EN


Official Journal of the European Union


C 73/1





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2013/C 73/01






Date of adoption of the decision


7.11.2012




Reference number of State Aid


SA.34576 (12/N)




Member State


Portugal




Region


Alto Trás-os-Montes




Title (and/or name of the beneficiary)


Unidade de cuidados continuados Jean Piaget/Nordeste




Legal basis


Texto do Programa Operacional Temático Valorização do Território
Endereço http://www.povt.qren.pt/cs2.asp?idcat=1120; Regulamento Geral FEDER e Fundo de Coesão (documento normativo sobre as modalidades de aplicação a Portugal dos fundos FEDER e Fundo de Coesão), em coerência com as disposições regulamentares comunitárias aplicáveis);
Texto do Programa Operacional Temático Valorização do Território
Endereço http://www.povt.qren.pt/cs2.asp?idcat=1120 — Regulamento Geral FEDER e Fundo de Coesão (documento normativo sobre as modalidades de aplicação a Portugal dos fundos FEDER e Fundo de Coesão), em coerência com as disposições regulamentares comunitárias aplicáveis); Regulamento Específico para o Domínio dos «Equipamentos Estruturantes do Sistema Urbano Nacional» (estabelece as condições de acesso e as regras gerais de atribuição de co-financiamento comunitário do FEDER às operações apresentadas no âmbito deste domínio de intervenção).




Type of measure


Individual aid




Objective


Regional development




Form of aid


—




Budget


Overall budget: EUR 1,897 million




Intensity


Measure does not constitute aid




Duration (period)


—




Economic sectors


Service activities




Name and address of the granting authority







Programa Operacional Temático Valorização do Território




Av. D. João II, Lote 1.07.2.1 — 2.o





1998-014 Lisboa




PORTUGAL








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Case T-147/13: Action brought on 13 March 2013 — Zhejiang Yuhui Solar Energy Source v Commission
Date: 2013-03-13
Institutions: General Court
Subjects: China, dumping, import (EU), market economy, originating product, principle of legal certainty, solar energy, third country








C_2013123EN.01002502.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/25





Action brought on 13 March 2013 — Zhejiang Yuhui Solar Energy Source v Commission
(Case T-147/13)
2013/C 123/44
Language of the case: French

Parties


Applicant: Zhejiang Yuhui Solar Energy Source Co. Ltd (Jiashan, China) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: European Commission

Form of order sought







—


Annul, pursuant to Article 263 of the Treaty on the Functioning of the European Union, the decision of the European Commission communicated by letter of 3 January 2013, No H4/JN/Ref.t13.000011, informing the applicant that it would not examine the applicant’s request to be granted the status of undertaking operating under market economy conditions, filed pursuant to Article 2(7)(b) of Council Regulation (EC) No 1225/2009, in the antidumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components originating in the People’s Republic of China, opened on 6 September 2012 (AD 590);










—


Declare inapplicable to the applicant as regards the present application, by virtue of Article 277 of the Treaty on the Functioning of the European Union, Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (OJ 2012 L 344, p. 1);










—


And, consequently, order the Commission and any interveners to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law identical to that raised in Case T-143/13 Zhejiang Heda Solar Technology v Commission.
Case F-125/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 March 2013 — Mendes v Commission (Civil service — Open competition — Non-admission to the assessment tests — Administration’s duty to interpret complaints in a spirit of openness — Amendment to the vacancy notice after holding the admission tests — Principle of legitimate expectations — Legal certainty)
Date: 2013-03-13
Institutions: Civil Service Tribunal
Subjects: EPSO, admission to examinations, appeal to an administrative authority, assistant, competition (EU), principle of legal certainty








C_2013123EN.01002801.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/28





Judgment of the Civil Service Tribunal (Second Chamber) of 13 March 2013 — Mendes v Commission
(Case F-125/11) (1)

(Civil service - Open competition - Non-admission to the assessment tests - Administration’s duty to interpret complaints in a spirit of openness - Amendment to the vacancy notice after holding the admission tests - Principle of legitimate expectations - Legal certainty)
2013/C 123/49
Language of the case: French

Parties


Applicant: Isabel Mendes (Brussels, Belgium) (represented by: S. Rogrigues and A. Blot, lawyers)

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Application to annul the decision not to admit the applicant to the assessment tests in competition EPSO/AST/111/10

Operative part of the judgment

The Tribunal:






1.


annuls the decision of the selection board of open competition EPSO/AST/111/10 of 7 April 2011 not to admit the applicant to the assessment tests;










2.


orders the European Commission to pay EUR 2 000 to the applicant;










3.


dismisses the application as to the remainder;










4.


orders each party to bear its own costs.






(1)  OJ C 65, 3.3.2012, p. 21.
Case T-145/13: Action brought on 13 March 2013 — Ningbo Qixin Solar Electrical Appliance v Commission
Date: 2013-03-13
Institutions: General Court
Subjects: China, dumping, import (EU), market economy, originating product, principle of legal certainty, solar energy, third country








C_2013123EN.01002402.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/24





Action brought on 13 March 2013 — Ningbo Qixin Solar Electrical Appliance v Commission
(Case T-145/13)
2013/C 123/42
Language of the case: French

Parties


Applicant: Ningbo Qixin Solar Electrical Appliance Co. Ltd (Zhejiang, China) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: European Commission

Form of order sought







—


Annul, pursuant to Article 263 of the Treaty on the Functioning of the European Union, the decision of the European Commission communicated by letter of 3 January 2013, No H4/JN/Ref.t13.000011, informing the applicant that it would not examine the applicant’s request to be granted the status of undertaking operating under market economy conditions, filed pursuant to Article 2(7)(b) of Council Regulation (EC) No 1225/2009, in the antidumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components originating in the People’s Republic of China, opened on 6 September 2012 (AD 590);










—


Declare inapplicable to the applicant as regards the present application, by virtue of Article 277 of the Treaty on the Functioning of the European Union, Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (OJ 2012 L 344, p. 1);










—


And, consequently, order the Commission and any interveners to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law identical to that raised in Case T-143/13 Zhejiang Heda Solar Technology v Commission.
Case T-142/13: Action brought on 13 March 2013 — Jinko Solar and Others v Parliament and Others
Date: 2013-03-13
Institutions: General Court
Subjects: China, dumping, import (EU), market economy, originating product, principle of legal certainty, solar energy, third country








C_2013123EN.01002301.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/23





Action brought on 13 March 2013 — Jinko Solar and Others v Parliament and Others
(Case T-142/13)
2013/C 123/39
Language of the case: English

Parties


Applicants: Jinko Solar Co. Ltd (Shangrao, China); Zhejiang Jinko Solar Co. Ltd (Haining City, China); Jiangxi Jinko Photovoltaic Materials Co. Ltd (Shangrao); Jinko Solar Import and Export Co. Ltd (Shangrao, China); and Zhejiang Jinko Trading Co. Ltd (Haining City) (represented by: K. Adamantopoulos and J. Cornelis, lawyers)

Defendants: European Parliament, European Commission, Council of the European Union

Form of order sought

The applicants claim that the Court should:






—


Annul Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (OJ 2012 L 344, p. 1), insofar as it was applied to the applicants,










—


Annul the Commission's Decision of 3 January 2013 by which it refused to consider the applicants' market economy treatment claims; and










—


Order the defendants to pay the applicants’ costs.





Pleas in law and main arguments

In support of the action, the applicants rely on one plea in law alleging that Regulation (EU) No 1168/2012, as applied by the Commission to the applicants in the 3 January 2013 Decision, and the 3 January 2013 Decision stating that the Commission would not consider the applicants' market economy treatment claims, frustrate the legitimate expectations of the applicants and are applied retroactively to the detriment of the applicants without valid justifications. As a result, Regulation (EU) No 1168/2012, as applied by the Commission to the applicants by the 3 January 2013 Decision, and the 3 January 2013 Decision, manifestly violate the basic principles of legal certainty and good faith.
Case F-91/10: Judgment of the Civil Service Tribunal (Third Chamber) of 13 March 2013 — AK v Commission (Civil Service — Officials — First paragraph of Article 43 of the Staff Regulations — Delay in drawing up career development reports — Non-pecuniary damage — Loss of the opportunity to be promoted)
Date: 2013-03-13
Institutions: Civil Service Tribunal
Subjects: European official, damages, indemnification, promotion








C_2013147EN.01003102.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/31





Judgment of the Civil Service Tribunal (Third Chamber) of 13 March 2013 — AK v Commission
(Case F-91/10) (1)

(Civil Service - Officials - First paragraph of Article 43 of the Staff Regulations - Delay in drawing up career development reports - Non-pecuniary damage - Loss of the opportunity to be promoted)
2013/C 147/56
Language of the case: French

Parties


Applicant: AK (Esbo, Finland) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: G. Berscheid and J. Baquero Cruz, acting as Agents)

Re:

Application for annulment of the decision rejecting the applicant’s claim for compensation for the loss suffered by reason of the failure to establish career development reports and for the opening of an administrative inquiry to establish the facts of harassment and application for compensation for the damage suffered.

Operative part of the judgment

The Tribunal:






1.


Orders the European Commission to pay the sum of EUR 15 000 to AK as compensation for non-pecuniary damage;










2.


Orders the European Commission to pay the sum of EUR 4 000 to AK as compensation for the loss of opportunity to be promoted to a grade higher than A 5 or equivalent before 1 March 2008;










3.


Dismisses the remainder of the action;










4.


Orders the European Commission to bear its own costs and to pay those incurred by AK.






(1)  OJ C 13, 15.1.2011, p. 40.
Action brought on 13 March 2013 by Bentzen Transport AS against the EFTA Surveillance Authority (Case E-2/13)
Date: 2013-03-13
Institutions: EFTA Court
Subjects: Norway, award of contract, infringement of EU law, public contract, waste management








C_2013174EN.01001001.xml










20.6.2013   


EN


Official Journal of the European Union


C 174/10





Action brought on 13 March 2013 by Bentzen Transport AS against the EFTA Surveillance Authority
(Case E-2/13)
2013/C 174/06
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 13 March 2013 by Bentzen Transport AS, represented by Line Voldstad, Lawyer, Advokatfirma DLA Piper Norway DA, Postboks 1364 Vika, 0114 Oslo, Norway.
The Applicant requests the EFTA Court to:






1.


Annul the EFTA Surveillance Authority Decision of 19 December 2012, Case No 71620, concerning closing a case against Norway commenced following receipt of a complaint against the State in the field of public procurement;










2.


Order the EFTA Surveillance Authority to pay the costs of the proceedings.





Legal and factual background and pleas in law adduced in support:







—


The Applicant is a local Norwegian company operating in the waste-management business since 1992.










—


The basis for the application is the EFTA Surveillance Authority’s Decision in Case No 71620, not to initiate procedure against Norway when requested by the applicant to assess whether the Norwegian Government’s management of a tender process was in compliance with the directives under the EEA Agreement.




The Applicant claims, inter alia, that:






—


the EFTA Surveillance Authority has not assessed whether the awarding of the public contract was in compliance with Directive 2004/18/EC and thus infringed its duty to uphold Article 2 of Directive 2004/18/EC and the fundamental rules of the EEA Agreement applicable to public procurement and asserts that the principle of equal treatment has been violated;










—


the EFTA Surveillance Authority infringed its special duty under Article 23 of the Surveillance and Court Agreement to ensure that the regulations in the EEA Agreement relating to public procurement are upheld by the EFTA States; and










—


the EFTA Surveillance Authority has infringed its duty to state reasons, cf. Article 16 SCA.
Case C-148/12: Order of the President of the Court of 13 March 2013 — European Commission v Federal Republic of Germany, supported by: Republic of France, Romania, Kingdom of the Netherlands, Slovak Republic
Date: 2013-03-13
Institutions: Court of Justice
Subjects: disclosure of information, national implementing measure, rail transport, transport safety








C_2013156EN.01002503.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/25





Order of the President of the Court of 13 March 2013 — European Commission v Federal Republic of Germany, supported by: Republic of France, Romania, Kingdom of the Netherlands, Slovak Republic
(Case C-148/12) (1)

2013/C 156/42
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 138, 12.5.2012.
Case T-144/13: Action brought on 13 March 2013 — Hanzhou Zhejiang University Sunny Energy Science and Technology v Commission
Date: 2013-03-13
Institutions: General Court
Subjects: China, dumping, import (EU), market economy, originating product, principle of legal certainty, solar energy, third country








C_2013123EN.01002401.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/24





Action brought on 13 March 2013 — Hanzhou Zhejiang University Sunny Energy Science and Technology v Commission
(Case T-144/13)
2013/C 123/41
Language of the case: French

Parties


Applicant: Hanzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd (Hangzhou, China) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: European Commission

Form of order sought







—


Annul, pursuant to Article 263 of the Treaty on the Functioning of the European Union, the decision of the European Commission communicated by letter of 3 January 2013, No H4/JN/Ref.t13.000011, informing the applicant that it would not examine the applicant’s request to be granted the status of undertaking operating under market economy conditions, filed pursuant to Article 2(7)(b) of Council Regulation (EC) No 1225/2009, in the antidumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components originating in the People’s Republic of China, opened on 6 September 2012 (AD 590);










—


Declare inapplicable to the applicant as regards the present application, by virtue of Article 277 of the Treaty on the Functioning of the European Union, Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (OJ 2012 L 344, p. 1);










—


And, consequently, order the Commission and any interveners to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law identical to that raised in Case T-143/13 Zhejiang Heda Solar Technology v Commission.