do-me/EUR-LEX huggingface dataset:
Case C-332/13: Request for a preliminary ruling from the Kúria (Hungary) lodged on 19 June 2013 — Ferenc Weigl v Nemzeti Innovációs Hivatal
Date: 2013-06-19
Institutions: Court of Justice
Subjects: EU law - national law, Hungary, application of EU law, civil servant, dismissal, interpretation of the law








C_2013274EN.01000301.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/3





Request for a preliminary ruling from the Kúria (Hungary) lodged on 19 June 2013 — Ferenc Weigl v Nemzeti Innovációs Hivatal
(Case C-332/13)
2013/C 274/05
Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings


Applicant: Ferenc Weigl

Defendant: Nemzeti Innovációs Hivatal

Questions referred







1.


Must the Charter of Fundamental Rights of the European Union be considered applicable to the legal status of government officials and public officials?










2.


Must Article 30 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that the provision thereof concerning protection against unjustified termination of employment must be applied regardless of whether or not the Member State recognises Article 24 of the Revised European Social Charter as being binding upon it?










3.


If that is the case, must Article 30 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that a national provision under which, when the employment of a government official is terminated, it is not necessary to disclose to him the reasons for termination, corresponds to the concept of ‘unjustified dismissal’?










4.


Is it appropriate to interpret the expression ‘in accordance with Union law and national laws and practices’ contained in Article 30 of the Charter of Fundamental Rights of the European Union as meaning that the Member State may define by legislation a special category of persons to whom it is not necessary to apply Article 30 of the Charter if their legal relationship is brought to an end?










5.


Having regard to the answer to questions 2 to 4, is it appropriate to interpret Article 51(1) of the Charter of Fundamental Rights of the European Union as meaning, with regard to government officials, that the national courts must disapply national provisions that are contrary to Article 30 of that Charter?
Case F-40/12: Judgment of the Civil Service Tribunal (Third Chamber) of 19 June 2013 — CF v EASA (Civil service — Former member of the temporary staff — Fixed-term contract — Dismissal during sick leave — Article 16 of the CEOS — Article 48(b)of the CEOS — Psychological harassment)
Date: 2013-06-19
Institutions: Civil Service Tribunal
Subjects: damages, dismissal, psychological harassment, sick leave








C_2013252EN.01004602.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/46





Judgment of the Civil Service Tribunal (Third Chamber) of 19 June 2013 — CF v EASA
(Case F-40/12) (1)

(Civil service - Former member of the temporary staff - Fixed-term contract - Dismissal during sick leave - Article 16 of the CEOS - Article 48(b)of the CEOS - Psychological harassment)
2013/C 252/80
Language of the case: French

Parties


Applicant: CF (Bierges, Belgium) (represented by: A. Schwend, lawyer)

Defendant: European Aviation Safety Agency (represented by: F. Manuhutu, Agent and D. Waelbroeck and A. Duron, lawyers)

Re:

Application to annul the decision to dismiss the applicant and application for compensation for damage claimed to be suffered because of that dismissal and alleged harassment.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 24 May 2011 whereby the authority empowered to conclude contracts of employment for the European Aviation Safety Agency terminated CF’s contract as a member of the temporary staff;










2.


Orders the European Aviation Safety Agency to pay CF the sum of EUR 88 189,76 by way of compensation for her non-material damage;










3.


Dismisses the action as to the remainder;










4.


Orders the European Aviation Safety Agency to bear its own costs and to pay three quarters of the costs incurred by CF;










5.


Orders CF to bear one quarter of its own costs.






(1)  OJ C 184, 23.6.2012, p.24
Case C-336/13 P: Appeal brought on 19 June 2013 by the European Commission against the judgment delivered on 10 April 2013 in Case T-671/11 IPK International — World Tourism Marketing Consultants GmbH v European Commission
Date: 2013-06-19
Institutions: Court of Justice
Subjects: European Central Bank, ecological tourism, financial aid, interest








C_2013260EN.01002501.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/25





Appeal brought on 19 June 2013 by the European Commission against the judgment delivered on 10 April 2013 in Case T-671/11 IPK International — World Tourism Marketing Consultants GmbH v European Commission
(Case C-336/13 P)
2013/C 260/43
Language of the case: German

Parties


Appellant: European Commission (represented by: F. Dintilhac, G. Wilms, G. Zavvos, Agents)

Other party to the proceedings: IPK International — World Tourism Marketing Consultants GmbH

Form of order sought

The Appellant claims that the Court should






—


set aside the judgment of the General Court (First Chamber) of 10 April 2013 in Case T-671/11;










—


dismiss the claim by IPK International — World Tourism Marketing Consultants GmbH against the Commission of 22 December 2011










—


order IPK International — World Tourism Marketing Consultants GmbH to pay the costs at both instances.





Pleas in law and main arguments

The Appellant argues that the judgment under appeal is legally defective in numerous respects:






(a)


It fails to take account of the case-law of the Court of Justice according to which equalisation interest serves to compensate for inflation.










(b)


Contrary to the case-law of the Court of Justice, it fails to make a distinction between equalisation interest and interest for delay, and sets both interest rates at two percentage points above the main refinancing interest rate of the European Central Bank.










(c)


It contains a calculation error, in that it capitalises the equalisation interest and calculates the interest for delay from 15 April 2011.










(d)


It misinterprets the contested decision and its own judgment in Case T-297/05 (1) and distorts the facts.










(e)


It contains an insufficient statement of reasons: It is not possible to determine the reasons for the amount of the interest calculation and the beginning of the calculation of interest for delay and the reasoning is inherently contradictory.










(f)


It infringes the principles of EU law on enrichment.






(1)  [2011] ECR II-1859
Euro exchange rates
Date: 2013-06-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2013173EN.01000901.xml










19.6.2013   


EN


Official Journal of the European Union


C 173/9





Euro exchange rates (1)

18 June 2013
2013/C 173/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3374




JPY


Japanese yen


127,55




DKK


Danish krone


7,4595




GBP


Pound sterling


0,85620




SEK


Swedish krona


8,6753




CHF


Swiss franc


1,2315




ISK


Iceland króna


 




NOK


Norwegian krone


7,6935




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,680




HUF


Hungarian forint


293,62




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7016




PLN


Polish zloty


4,2554




RON


Romanian leu


4,4998




TRY


Turkish lira


2,5167




AUD


Australian dollar


1,4131




CAD


Canadian dollar


1,3635




HKD


Hong Kong dollar


10,3762




NZD


New Zealand dollar


1,6756




SGD


Singapore dollar


1,6855




KRW


South Korean won


1 517,03




ZAR


South African rand


13,4148




CNY


Chinese yuan renminbi


8,1963




HRK


Croatian kuna


7,4855




IDR


Indonesian rupiah


13 246,45




MYR


Malaysian ringgit


4,2195




PHP


Philippine peso


57,790




RUB


Russian rouble


42,8540




THB


Thai baht


41,259




BRL


Brazilian real


2,9203




MXN


Mexican peso


17,2832




INR


Indian rupee


78,6000






(1)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) No 573/2013 of 19 June 2013 on the issue of import licences for applications lodged during the first seven days of June 2013 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2013-06-19
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2013168EN.01002701.xml










20.6.2013   


EN


Official Journal of the European Union


L 168/27








            COMMISSION IMPLEMENTING REGULATION (EU) No 573/2013
of 19 June 2013
         
on the issue of import licences for applications lodged during the first seven days of June 2013 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of June 2013 for the subperiod from 1 July to 30 September 2013 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 July to 30 September 2013 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 20 June 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2013.


For the Commission, On behalf of the President,

Jerzy PLEWA
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2013-30.9.2013
(%)




1


09.4410


0,271371 




2


09.4411


0,276168 




3


09.4412


0,333671 




4


09.4420


0,373693 




6


09.4422


0,375379
Case F-81/11: Judgment of the Civil Service Tribunal (Third Chamber) of 19 June 2013 — BY v EASA (EASA staff — Temporary staff — Admissibility — Period for bringing proceedings — Unfavourable evaluation report — Reassignment — Psychological harassment — Misuse of power)
Date: 2013-06-19
Institutions: Civil Service Tribunal
Subjects: contract, disciplinary proceedings, member of the European Central Bank, probationary period








C_2013252EN.01004302.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/43





Judgment of the Civil Service Tribunal (Third Chamber) of 19 June 2013 — BY v EASA
(Case F-81/11) (1)

(EASA staff - Temporary staff - Admissibility - Period for bringing proceedings - Unfavourable evaluation report - Reassignment - Psychological harassment - Misuse of power)
2013/C 252/72
Language of the case: French

Parties


Applicant: BY (Lasne, Belgium) (represented by: B.-H. Vincent, lawyer)

Defendant: European Aviation Safety Agency (EASA) (represented by: F. Manuhutu, acting as Agent, and D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision to re-assign the applicant to a non-managerial post in the interest of the service as a result of an unfavourable evaluation report and application to pay the applicant an amount by way of compensation for the damage allegedly suffered

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders BY to bear his own costs and to pay the costs incurred by the European Aviation Safety Agency.






(1)  OJ C 340, 19.11.2011, p. 41.
Case T-337/13: Action brought on 19 July 2013 — CSF v European Commission
Date: 2013-06-19
Institutions: General Court
Subjects: Denmark, equal treatment, machinery, market approval, product safety








C_2013233EN.01001301.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/13





Action brought on 19 July 2013 — CSF v European Commission
(Case T-337/13)
2013/C 233/22
Language of the case: Italian

Parties


Applicant: CSF Srl (Grumolo delle Abbadesse, Italy) (represented by: R. Santoro, S. Armellini and R. Bugaro, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Decision 2013/173/EU published on 10 April 2013 and notified to the applicant on 16 April 2013;










—


order the Commission to pay the costs of the present proceedings.





Pleas in law and main arguments

The present action contests Commission Decision 2013/173/EU of 8 April 2013‘on a measure taken by Denmark according to Article 11 of Directive 2006/42/EC of the European Parliament and of the Council prohibiting a type of multi-purpose earthmoving machinery’. That decision found the ban imposed by the Danish authorities to be justified (OJ 2013 L 101, p. 29).
In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging breach of Articles 5, 6(1), 7 and 11 of Directive 2006/42/EC and points 1.1.2 and 3.4.4 of Annex I thereto.






—


It is submitted in that regard that the contested decision is not compatible with the above provisions since it did not take into account the fact that, in reality, the FOPS protective structures for the applicant’s Multione S630 machines are mandatory in all cases in which use of the machines exposes the operator to the risk of falling objects or material.














2.


Second plea in law, alleging breach of the principle of equal treatment.






—


It is submitted in that regard that the Danish measure which the contested decision finds to be justified imposed restrictive measures solely on the movement of multi-purpose Multione S630 machines, even though many other multi-purpose machines similar in type to the Multione S630, and used in the same way, are on the market in Denmark without being obliged to have FOPS.
Non-opposition to a notified concentration (Case COMP/M.6939 — CVC/Ista)  Text with EEA relevance
Date: 2013-06-19
Institutions: European Commission
Subjects: economic concentration, energy consumption, investment company, invoicing, merger control, water consumption








C_2013173EN.01000701.xml










19.6.2013   


EN


Official Journal of the European Union


C 173/7





Non-opposition to a notified concentration
(Case COMP/M.6939 — CVC/Ista)
(Text with EEA relevance)
2013/C 173/02
On 13 June 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6939. EUR-Lex is the on-line access to the European law.
Special Report No 4/2013 ‘EU Cooperation with Egypt in the Field of Governance’
Date: 2013-06-19
Institutions: European Court of Auditors
Subjects: Egypt, European cooperation, governance








C_2013173EN.01001001.xml










19.6.2013   


EN


Official Journal of the European Union


C 173/10





Special Report No 4/2013 ‘EU Cooperation with Egypt in the Field of Governance’
2013/C 173/05
The European Court of Auditors hereby informs you that Special Report No 4/2013 ‘EU Cooperation with Egypt in the Field of Governance’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Amendment of the Rules of Procedure of the General Court
Date: 2013-06-19
Institutions: General Court
Subjects: Croatia, General Court (EU), official language, rules of procedure




L_2013173EN.01006601.xml










26.6.2013   


EN


Official Journal of the European Union


L 173/66








            AMENDMENT OF THE RULES OF PROCEDURE OF THE GENERAL COURT
         


THE GENERAL COURT,

Having regard to the Treaty on the Functioning of the European Union, and in particular the fifth paragraph of Article 254 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,


Having regard to the second paragraph of Article 64 of the Protocol on the Statute of the Court of Justice of the European Union,


Having regard to the agreement of the Court of Justice,


Whereas, on the accession of the Republic of Croatia, Croatian becomes an official language of the European Union and should be added to the list of languages of a case set out in the Rules of Procedure,


With the approval of the Council given on 7 June 2013,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:



Article 1
The Rules of Procedure of the General Court of 2 May 1991 (OJ L 136, 30 May 1991, p. 1, with corrigendum in OJ L 317, 19 November 1991, p. 34) (1) are hereby amended as follows:
Article 35(1) shall be replaced by the following:
‘The language of a case shall be Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish or Swedish.’.


Article 2

1.   This amendment to the Rules of Procedure shall be published in the Official Journal of the European Union. It shall enter into force at the same time as the Treaty concerning the accession of the Republic of Croatia to the European Union.


2.   The text of the Rules of Procedure in Croatian shall be adopted after the entry into force of the Treaty referred to in the preceding paragraph.





Done at Luxembourg, 19 June 2013.

E. COULON
            

Registrar



M. JAEGER
            

President






(1)  Amended on 15 September 1994 (OJ L 249, 24 September 1994, p. 17), 17 February 1995 (OJ L 44, 28 February 1995, p. 64), 6 July 1995 (OJ L 172, 22 July 1995, p. 3), 12 March 1997 (OJ L 103, 19 April 1997, p. 6, corrigendum in OJ L 351, 23 December 1997, p. 72), 17 May 1999 (OJ L 135, 29 May 1999, p. 92), 6 December 2000 (OJ L 322, 19 December 2000, p. 4), 21 May 2003 (OJ L 147, 14 June 2003, p. 22), 19 April 2004 (OJ L 132, 29 April 2004, p. 3), 21 April 2004 (OJ L 127, 29 April 2004, p. 108), 12 October 2005 (OJ L 298, 15 November 2005, p. 1), 18 December 2006 (OJ L 386, 29 December 2006, p. 45), 12 June 2008 (OJ L 179, 8 July 2008, p. 12), 14 January 2009 (OJ L 24, 28 January 2009, p. 9), 16 February 2009 (OJ L 60, 4 March 2009, p. 3), 7 July 2009 (OJ L 184, 16 July 2009, p. 10), 26 March 2010 (OJ L 92, 13 April 2010, p. 14) and 24 May 2011 (OJ L 162, 22 June 2011, p. 18).
Commission Implementing Regulation (EU) No 572/2013 of 19 June 2013 on the issue of import licences for applications lodged during the first seven days of June 2013 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2013-06-19
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2013168EN.01002501.xml










20.6.2013   


EN


Official Journal of the European Union


L 168/25








            COMMISSION IMPLEMENTING REGULATION (EU) No 572/2013
of 19 June 2013
         
on the issue of import licences for applications lodged during the first seven days of June 2013 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of June 2013 for the subperiod from 1 July to 30 September 2013 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 July to 30 September 2013 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 20 June 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2013.


For the Commission, On behalf of the President,

Jerzy PLEWA
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2013-30.9.2013
(%)




P1


09.4067


2,031859 




P3


09.4069


0,379603