do-me/EUR-LEX huggingface dataset:
Case F-28/12: Order of the Civil Service Tribunal (First Chamber) of 25 June 2013 — Marcuccio v Commission (Civil service — Request to remove a sentence from a medical report — Accident or occupational disease — Implied rejection of the request)
Date: 2013-06-25
Institutions: Civil Service Tribunal
Subjects: dust, medical data, newspaper, occupational accident








C_2013252EN.01005101.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/51






Order of the Civil Service Tribunal (First Chamber) of 25 June 2013 — Marcuccio v Commission
(Case F-28/12) (1)

(Civil service - Request to remove a sentence from a medical report - Accident or occupational disease - Implied rejection of the request)
(2013/C 252/93)
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents, and A. Dal Ferro, lawyer)

Re:

Application to annul the implied decision refusing the applicant’s request to remove a sentence from the medical report of 28 February 2008, to send a new report thus amended to the doctor chosen by the applicant and also in general remove from the file on the applicant’s work-related injury any information relating the claim, which the applicant maintains is incorrect, that the powder with which the applicant came into contact was ultimately shown to be the white dust of a copy of a newspaper to which the applicant subscribed.

Operative part of the order







1.


The action is dismissed as manifestly unfounded.










2.


Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission.










3.


Mr Marcuccio is ordered to pay to the Civil Service Tribunal of the European Union the sum of EUR 2 000.






(1)  
            OJ C 174, 16.6.2012, p. 31.
Council Decision of 25 June 2013 appointing a member of the Court of Auditors
Date: 2013-06-25
Institutions: Council of the European Union
Subjects: appointment of members, member of the Court of Auditors (EU)








C_2013180EN.01001201.xml










26.6.2013   


EN


Official Journal of the European Union


C 180/12





COUNCIL DECISION
of 25 June 2013
appointing a member of the Court of Auditors
2013/C 180/05
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,
Having regard to the opinion of the European Parliament (1),
Whereas:






(1)


The term of office of Mr Ovidiu ISPIR is due to expire on 30 June 2013.










(2)


A new appointment should therefore be made,




HAS ADOPTED THIS DECISION:
Article 1
Mr George PUFAN is hereby appointed member of the Court of Auditors for the period from 1 July 2013 to 30 June 2019.
Article 2
This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 25 June 2013.


For the Council


The President

E. GILMORE




(1)  Opinion of 12 June 2013 (not yet published in the Official Journal).
Case T-505/11: Judgment of the General Court of 25 June 2013 — Aldi v OHIM — Dialcos (dialdi) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark dialdi — Earlier Community word mark ALDI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-06-25
Institutions: General Court
Subjects: EU trade mark, foodstuff, registered trade mark, trade-mark law








C_2013225EN.01007102.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/71





Judgment of the General Court of 25 June 2013 — Aldi v OHIM — Dialcos (dialdi)
(Case T-505/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative trade mark dialdi - Earlier Community word mark ALDI - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/157
Language of the case: English

Parties


Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dialcos SpA (Due Carrare, Italy) (represented by: B. Saguatti, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 July 2011 (Case R 1097/2010-2), concerning opposition proceedings between Aldi GmbH & Co. KG and Dialcos SpA.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 July 2011 (Case R 1097/2010-2).










2.


Orders OHIM to pay its own costs and also those incurred by Aldi GmbH & Co. KG.










3.


Orders Dialcos SpA to pay its own costs.






(1)  OJ C 355, 3.12.2011.
Case F-61/13: Action brought on 25 June 2013 — ZZ and Others v European Investment Bank
Date: 2013-06-25
Institutions: Civil Service Tribunal
Subjects: bonus payment, damages, piece work pay








C_2013274EN.01002903.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/29





Action brought on 25 June 2013 — ZZ and Others v European Investment Bank
(Case F-61/13)
2013/C 274/47
Language of the case: French

Parties


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

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the individual decisions to award a bonus to the applications in accordance with a new performance scheme and to annul the decisions to grant the bonuses to the applicants misapplying of the new performance scheme and the subsequent request to order the EIB to pay damages.

Form of order sought







—


annul the individual decisions to apply a bonus to the applicants in so far as those decisions constitute the application of a new performance system;










—


alternatively, annul the decisions to grant the bonus to 2 applicants in so far as those decisions misapply the new performance system;










—


order the defendant to pay damages;










—


in the event that the defendant does not produce documents on its own initiative, call on the defendant to produce them under the measure of organisation of procedure;










—


order the EIB to pay the costs.
2013/336/EU: Council Decision of 25 June 2013 increasing the number of Advocates-General of the Court of Justice of the European Union
Date: 2013-06-25
Institutions: Council of the European Union
Subjects: appointment of members, member of the Court of Justice (EU)








L_2013179EN.01009201.xml










29.6.2013   


EN


Official Journal of the European Union


L 179/92








            COUNCIL DECISION
         
of 25 June 2013
         
increasing the number of Advocates-General of the Court of Justice of the European Union
(2013/336/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 252 thereof,


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


Having regard to the request of the President of the Court of Justice of 16 January 2013,

Whereas:







(1)


The first paragraph of Article 252 of the Treaty on the Functioning of the European Union establishes that the Council, acting unanimously, may increase the number of Advocates-General on the request of the Court of Justice.












(2)


On 16 January 2013, the Court of Justice requested that the number of Advocates-General of the Court of Justice be increased by three. That request was motivated by the desire to allow the Court to continue to have an Opinion delivered in every case in which it is required without thereby increasing the overall time taken to deal with the cases concerned.












(3)


According to Declaration No 38 on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General of the Court of Justice, annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, if the Court of Justice requests that the number of Advocates-General be increased by three (eleven instead of eight), the Council will, acting unanimously, agree on such an increase.












(4)


In order best to satisfy the concerns expressed in the second recital and to ensure the optimal integration of the additional Advocates-General, the Court of Justice proposed that one Advocate-General take up his duties on 1 July 2013, the planned date of Croatia’s accession, provided that all of the instruments of ratification have been lodged before this date, and that the two other Advocates-General take up their duties on 7 October 2015, on the occasion of the partial replacement of the Members of the Court,





HAS ADOPTED THIS DECISION:



Article 1
The number of Advocates-General of the Court of Justice of the European Union shall be increased to:






—


nine, with effect from 1 July 2013;










—


eleven, with effect from 7 October 2015.






Article 2
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.




Done at Luxembourg, 25 June 2013.


For the Council


The President

E. GILMORE