do-me/EUR-LEX huggingface dataset:
Case F-94/11: Judgment of the Civil Service Tribunal (2nd Chamber) of 21 March 2013 — Brune v Commission (Civil service — Open competition — Annulment of a decision not to include the applicant on the reserve list — Implementation of a judgment — Principle of legality — Plea of illegality directed against the decision to reopen the competition procedure)
Date: 2013-03-21
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, admission to examinations, competition (EU)








C_2013129EN.01003001.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/30





Judgment of the Civil Service Tribunal (2nd Chamber) of 21 March 2013 — Brune v Commission
(Case F-94/11) (1)

(Civil service - Open competition - Annulment of a decision not to include the applicant on the reserve list - Implementation of a judgment - Principle of legality - Plea of illegality directed against the decision to reopen the competition procedure)
2013/C 129/55
Language of the case: German

Parties


Applicant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Application to annul EPSO’s decision to reopen the procedure for open competition EPSO/AD/26/05 and to invite the applicant to participate again in the oral test and to annul the decision to exclude him from that competition following his absence from that test.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


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






(1)  OJ C 355, 3.12.2011, p. 30.
Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 April 2013 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))
Date: 2013-03-21
Institutions: European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2013082EN.01000201.xml










21.3.2013   


EN


Official Journal of the European Union


C 82/2





Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 April 2013
(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))
2013/C 82/02
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this Communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the Implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 58, 28.2.2013, p. 2.

































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.4.2013


…


0,66


0,66



1,30



0,66


0,88


0,66


0,85


0,66


0,66


0,66


0,66


0,66



5,57



0,66


0,66


1,12


0,66


1,32


0,66


0,66



3,90



0,66


6,18



1,60



0,66


0,66



0,99





1.3.2013


31.3.2013


0,66


0,66


1,53


0,66



0,88



0,66


0,85


0,66


0,66


0,66


0,66


0,66


6,65


0,66


0,66



1,12



0,66



1,32



0,66


0,66


4,80


0,66


6,18


1,91


0,66


0,66


1,19




1.1.2013


28.2.2013



0,66




0,66




1,53




0,66




1,09




0,66




0,85




0,66




0,66




0,66




0,66




0,66




6,65




0,66




0,66




1,37




0,66




1,58




0,66




0,66




4,80




0,66




6,18




1,91




0,66




0,66




1,19
Case C-324/12: Order of the Court (Third Chamber) of 21 March 2013 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Novontech-Zala kft v LOGICDATA Electronic & Software Entwicklungs GmbH (Article 99 of the Rules of Procedure — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Opposition lodged out of time — Article 20 — Review in exceptional cases — No  ‘extraordinary’ or ‘exceptional’ circumstances)
Date: 2013-03-21
Institutions: Court of Justice
Subjects: Austria, civil proceedings, claim, injunction, interpretation of the law, judicial cooperation in civil matters in the EU








C_2013225EN.01004502.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/45





Order of the Court (Third Chamber) of 21 March 2013 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Novontech-Zala kft v LOGICDATA Electronic & Software Entwicklungs GmbH
(Case C-324/12) (1)

(Article 99 of the Rules of Procedure - Judicial cooperation in civil matters - Regulation (EC) No 1896/2006 - European order for payment procedure - Opposition lodged out of time - Article 20 - Review in exceptional cases - No ‘extraordinary’ or ‘exceptional’ circumstances)
2013/C 225/78
Language of the case: German

Referring court

Handelsgericht Wien

Parties to the main proceedings


Applicant: Novontech-Zala kft

Defendant: LOGICDATA Electronic & Software Entwicklungs GmbH

Re:

Request for a preliminary ruling — Handelsgericht Wien — Interpretation of Article 20(1)(b) and (2) of Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ 2006 L 399, p. 1) — Opposition to a European order for payment made after the time limit as a result of an error on the part of the lawyer of the party concerned — Possible existence of a case of force majeure or of extraordinary circumstances

Operative part of the order

The failure to observe the time-limit for lodging a statement of opposition to a European order for payment, by reason of the negligence of the defendant’s representative, does not justify a review of that order for payment, since such a failure to observe the time-limit does not constitute extraordinary circumstances within the meaning of Article 20(1)(b) or exceptional circumstances within the meaning of Article 20(2) of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.


(1)  OJ C 303, 6.10.2012.
Case F-25/13: Action brought on 21 March 2013 — ZZ v Commission
Date: 2013-03-21
Institutions: Civil Service Tribunal
Subjects: European official, rights of civil servants, transfer of pension rights








C_2013156EN.01005503.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/55





Action brought on 21 March 2013 — ZZ v Commission
(Case F-25/13)
2013/C 156/103
Language of the case: French

Parties


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

Defendant: Commission

Subject-matter and description of the proceedings

The annulment of the decisions transferring pensions acquired before entry into service at the Commission on the basis of the Paymaster Office (PMO).

Form of order sought







—


Annul the decision adopted by the Appointing Authority on 11 December 2012, rejecting the claims made by the applicant on 16 August 2012 and 28 August 2012 against the decisions of the PMO.4 on 21 May 2012, 31 May 2012 and 2 July 2012;










—


In so far as necessary, annul in addition those decisions of 21 May 2012, 31 May 2012 and 2 July 2012 adopted by the PMO.4, against which the applicant’s claims were brought;










—


Declare the general implementing provisions of Articles I1 and 12 of Annex VII to the Staff Regulations, pursuant to Article 277 of the EC Treaty of 25 March 1957, as adopted on 3 March 2011, unlawful and inapplicable to the present case, particularly Article 9 thereof;










—


Order the defendant to pay the costs of the proceedings in accordance with Article 87 of the Rules of Procedure and the expenses necessarily incurred for the purpose of the proceedings, in particular the cost of having an address for service, travel and subsistence expenses and lawyers’ fees in accordance with Article 91(b) of those Rules.
Council Recommendation of 21 March 2013 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2011
Date: 2013-03-21
Institutions: Council of the European Union
Subjects: ACP countries, European Commission, European Development Fund, implementation of the budget








C_2013088EN.01000101.xml










26.3.2013   


EN


Official Journal of the European Union


C 88/1





COUNCIL RECOMMENDATION
of 21 March 2013
concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2011
2013/C 88/01
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the fourth ACP-EEC Convention, signed at Lomé on 15 December 1989 (1) and amended by the Agreement signed in Mauritius on 4 November 1995 (2),
Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3) (the ‘Internal Agreement’) setting up, amongst others, the eighth European Development Fund (eighth EDF), and in particular Article 33(3) thereof,
Having regard to the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (4), and in particular Articles 66 to 74 thereof,
Having examined the revenue and expenditure account and the balance sheet relating to the operations of the eighth EDF as at 31 December 2011, and the Annual Report of the Court of Auditors on the activities funded by the eighth, ninth and tenth European Development Funds (EDFs) (5), concerning the financial year 2011, together with the Commission's replies contained in that Annual Report,
Whereas:






(1)


Pursuant to Article 33(3) of the Internal Agreement, the discharge for the financial management of the eighth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.










(2)


The overall implementation by the Commission of the operations of the eighth EDF during the financial year 2011 has been satisfactory,




HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the eighth EDF for the financial year 2011.

Done at Brussels, 21 March 2013.


For the Council


The President

P. HOGAN




(1)  OJ L 229, 17.8.1991, p. 3.

(2)  OJ L 156, 29.5.1998, p. 3.

(3)  OJ L 156, 29.5.1998, p. 108.

(4)  OJ L 191, 7.7.1998, p. 53.

(5)  OJ C 344, 12.11.2012, p. 243.
Case C-197/12: Judgment of the Court (Tenth Chamber) of 21 March 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Article 148 — Exemption of certain transactions intended for vessels carrying passengers for reward or used for the purpose of commercial activities — Condition that the vessels must be used for navigation on the high seas)
Date: 2013-03-21
Institutions: Court of Justice
Subjects: France, VAT, carriage of passengers, infringement of EU law, maritime transport, tax exemption








C_2013156EN.01001402.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/14





Judgment of the Court (Tenth Chamber) of 21 March 2013 — European Commission v French Republic
(Case C-197/12) (1)

(Failure of a Member State to fulfil obligations - Taxation - VAT - Directive 2006/112/EC - Article 148 - Exemption of certain transactions intended for vessels carrying passengers for reward or used for the purpose of commercial activities - Condition that the vessels must be used for navigation on the high seas)
2013/C 156/22
Language of the case: French

Parties


Applicant: European Commission (represented by: F. Dintilhac and C. Soulay, Agents)

Defendant: French Republic (represented by: G. de Bergues, J.-S. Pilczer and D. Colas, Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Article 148(a), (c) and (d) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Exemption of certain transactions intended for vessels carrying passengers for reward or used for the purpose of commercial activities — Condition that the vessels must be used for navigation on the high seas — Compatibility of a national measure which impermissibly extends the exemptions provided for by the directive

Operative part of the judgment

The Court:






1.


Declares that, by not making the exemption from value added tax of transactions referred to in Article 262, Part II(2), (3), (6) and (7), of the Code général des impôts conditional on the requirement of use for navigation on the high seas, in respect of vessels carrying passengers for reward and those used for the purpose of commercial activities, the French Republic has failed to fulfil its obligations under Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, in particular Article 148(a), (c) and (d) thereof;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 217, 21.7.2012.
Case C-405/11 P: Judgment of the Court (Sixth Chamber) of 21 March 2013 — European Commission v Buczek Automotive sp. z o.o., Republic of Poland (Appeal — State aid — Restructuring of the Polish steel industry — Concept of State aid — Recovery of public debts — Classification as State aid of the failure to request the liquidation of the debtor undertaking — Private creditor test — Allocation of the burden of proof — Limits of judicial review)
Date: 2013-03-21
Institutions: Court of Justice
Subjects: Poland, State aid, aid for restructuring, bankruptcy, iron and steel industry, proof








C_2013156EN.01000801.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/8





Judgment of the Court (Sixth Chamber) of 21 March 2013 — European Commission v Buczek Automotive sp. z o.o., Republic of Poland
(Case C-405/11 P) (1)

(Appeal - State aid - Restructuring of the Polish steel industry - Concept of State aid - Recovery of public debts - Classification as State aid of the failure to request the liquidation of the debtor undertaking - Private creditor test - Allocation of the burden of proof - Limits of judicial review)
2013/C 156/11
Language of the case: Polish

Parties


Appellant: European Commission (represented by: A. Stobiecka-Kuik and T. Maxian Rusche, acting as Agents)

Other parties to the proceedings: Buczek Automotive sp. z o.o. (represented by: J. Jurczyk, radca prawny), Republic of Poland (represented by: M. Krasnodębska-Tomkiel, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T-1/08 Buczek Automotive v Commission by which the General Court partially annulled Commission Decision 2008/344/EC of 23 October 2007 on State Aid C-23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (OJ 2008 L 116, p. 26) — Classification as State aid of the failure to request the liquidation of the debtor undertaking — Error of law in the assessment of the Commission’s application of the hypothetical private creditor test and in the allocation of the burden of proof

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders the European Commission to pay the costs.










3.


Orders the Republic of Poland to bear its own costs.






(1)  OJ C 311, 22.10.2011.
Case T-171/13: Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI B PESARO)
Date: 2013-03-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, two-wheeled vehicle








C_2013147EN.01002801.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/28





Action brought on 21 March 2013 — Benelli Q.J./OHIM — Demharter (MOTOBI B PESARO)
(Case T-171/13)
2013/C 147/50
Language in which the application was lodged: English

Parties


Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi, lawyer)

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

Other party to the proceedings before the Board of Appeal: Demharter GmbH (Dillingen, Germany)

Form of order sought

The applicant claims that the Court should:






—


Alter the defendant’s decision and order the dismissal of the application for revocation filed by the cancellation applicant;










—


Annul the defendant’s decision and remit the case to OHIM for further examination and a new decision should the Court consider that it is inevitable to conduct another thorough analysis of the evidence of genuine use;










—


Order the defendant to pay the applicant’s costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark ‘MOTOBI B PESARO’ for goods in classes 9, 12 and 25 — Community trade mark registration No 2 262 269

Proprietor of the Community trade mark: The applicant

Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Revoked the Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.
Corrigendum to Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) ( OJ L 159, 30.4.2004 . Corrected version in OJ L 184, 24.5.2004 )
Date: 2013-03-21
Institutions: Council of the European Union, European Parliament
Subjects: Cenelec, electromagnetic interference, health control, health risk, occupational health, worker information








L_2013079EN.01003601.xml










21.3.2013   


EN


Official Journal of the European Union


L 79/36







Corrigendum to Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
(
Official Journal of the European Union L 159 of 30 April 2004
. Corrected version in 
Official Journal of the European Union L 184 of 24 May 2004
)

In the following Act, page 9, note 4, second paragraph:
for:

               ‘… values for the field strengths are calculated by multiplying the relevant rms by 10, where a = …’,
read:

               ‘… values for the field strengths are calculated by multiplying the relevant rms by 10a, where a = …’.
Case C-341/12 P: Order of the Court (Tenth Chamber) of 21 March 2013 — Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Figurative mark including the letter ‘G’ and the two symbols of gender — Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ — Refusal of registration by the Board of Appeal)
Date: 2013-03-21
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, sports equipment, textile industry, trade-mark law








C_2013225EN.01004601.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/46





Order of the Court (Tenth Chamber) of 21 March 2013 — Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-341/12 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Community trade mark - Figurative mark including the letter ‘G’ and the two symbols of gender - Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ - Refusal of registration by the Board of Appeal)
2013/C 225/79
Language of the case: German

Parties


Appellant: Mizuno KK (represented by: T. Raab and H. Lauf, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Re:

Appeal brought against the judgment delivered by the General Court (Fourth Chamber) on 8 May 2012 in Case T-101/11 Mizuno v OHIM — GOLFINO (G), whereby the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 15 December 2010 (Case R 821/2010-1) relating to opposition proceedings between Mizuno KK and Golfino AG — Figurative sign comprising the letter ‘G’ and the two symbols of gender — Likelihood of confusion with a figurative mark comprising the letter ‘G’ and the symbol ‘+’ — Breach of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)

Operative part of the order







1.


The appeal is dismissed.










2.


Mizuno KK shall pay the costs.






(1)  OJ C 287, 22.9.2012.
Case C-393/12 P: Order of the Court (Sixth Chamber) of 21 March 2013 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark HELLIM — Opposition by the proprietor of the Community word mark HALLOUMI — Opposition dismissed)
Date: 2013-03-21
Institutions: Court of Justice
Subjects: Cyprus, EU trade mark, cheese, registered trade mark, trade-mark law








C_2013225EN.01004902.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/49





Order of the Court (Sixth Chamber) of 21 March 2013 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-393/12 P) (1)

(Appeal - Community trade mark - Word mark HELLIM - Opposition by the proprietor of the Community word mark HALLOUMI - Opposition dismissed)
2013/C 225/87
Language of the case: German

Parties


Appellant: Organismos Kypriakis Galaktokomikis Viomichanias (represented by: C. Milbradt and A. Schwarz, Rechtsanwältinnen)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 June 2012 in Case T-534/10 Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (HELLIM) by which the General Court dismissed an action against the decision of the Fourth Board of Appeal of OHIM of 20 September 2010 relating to opposition proceedings between Organismos Kypriakis Galaktokomikis Viomichanias and Garmo AG — Likelihood of confusion — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)

Operative part of the order







1.


The appeal is dismissed.










2.


The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi is ordered to pay the costs.






(1)  OJ C 343, 10.11.2012.