do-me/EUR-LEX huggingface dataset:
Joined Cases F-135/11, F-51/12, F-110/12: Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — BU v EMA (Civil Service — Temporary staff — Non-renewal of a fixed-term contract — Act adversely affecting an official — Request within the meaning of Article 90(1) of the Staff Regulations — Request for the reclassification of a contract — Reasonable period — Complaint against the rejection of a compliant — Article 8 of the CEOS — Duty of care)
Date: 2013-06-26
Institutions: Civil Service Tribunal
Subjects: servant (EU), temporary employment, work contract








C_2013252EN.01004402.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/44





Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — BU v EMA
(Joined Cases F-135/11, F-51/12, F-110/12) (1)

(Civil Service - Temporary staff - Non-renewal of a fixed-term contract - Act adversely affecting an official - Request within the meaning of Article 90(1) of the Staff Regulations - Request for the reclassification of a contract - Reasonable period - Complaint against the rejection of a compliant - Article 8 of the CEOS - Duty of care)
2013/C 252/75
Language of the case: French

Parties


Applicant: BU (London, United Kingdom) (represented by: S. Orlandi, J.-N. Louis and D. Abreu Caldas, lawyers)

Defendant: European Medicines Agency (EMA) (represented: in Case F-135/11, by S. Vincenzo initially, then by T. Jablonski and G. Gavrilidou, Agents, and D. Waelbroeck and A. Duron, lawyers; in Case F-51/12, by T. Jablonski and G. Gavrilidou, Agents, and D. Waelbroeck and A. Duron, lawyers, and in Case F-110/12, by T. Jablonski and N. Rampal Olmedo, Agents)

Re:

Application for annulment of the decision of the European Medicines Agency not to renew the applicant’s contract as a member of the temporary staff.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the European Medicines Agency not to renew BU’s contract, notified by the letter of 30 May 2011;










2.


Dismisses the action in Case F-135/11 as to the remainder;










3.


Dismisses the actions in Cases F-51/12 and F-110/12;










4.


Orders the European Medicines Agency to bear its own costs and to pay the costs incurred by BU in Cases F-135/11 and F-51/12;










5.


Orders BU to bear his own costs and to pay the costs incurred by the European Medicines Agency in Case F-110/12.






(1)  OJ C 65, 3.3.2012, p. 24; OJ C 209, 14.7.2012, p. 14; OJ C 379, 8.12.12, p. 34.
Notice concerning the entry into force of the Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
Date: 2013-06-26
Institutions: Council of the European Union
Subjects: Bulgaria, GATT, Romania, United States, World Trade Organisation, accession to the European Union, animal product, customs territory (EU), import (EU), meat product, tariff quota








L_2013173EN.01000101.xml










26.6.2013   


EN


Official Journal of the European Union


L 173/1







Notice concerning the entry into force of the Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

The Agreement in the form of an Exchange of Letters between the European Union and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (1), signed in Geneva on 7 December 2012, will enter into force on 1 July 2013.


(1)  
            OJ L 69, 13.3.2013, p. 5.
Case C-356/13: Action brought on 26 June 2013 — European Commission v Republic of Poland
Date: 2013-06-26
Institutions: Court of Justice
Subjects: Poland, chemical salt, infringement of EU law, national implementing measure, pollution from agricultural sources, water pollution








C_2013344EN.01003802.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/38





Action brought on 26 June 2013 — European Commission v Republic of Poland
(Case C-356/13)
2013/C 344/66
Language of the case: Polish

Parties


Applicant: European Commission (represented by: E. Manhaeve and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought

The European Commission claims that the Court should:






—


declare that, by failing adequately to define the waters liable to be polluted by nitrates from agricultural sources, and by insufficiently designating vulnerable zones, the Republic of Poland has failed to meet its obligations under Article 3 of, in conjunction with Annex I to, Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources; (1)











—


declare that, by establishing action programmes, within the terms of Article 5 of Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, on the basis of inadequately designated specific vulnerable zones, and by including in those programmes measures demonstrating deficiencies in the light of Annex II, point A.2, and Annex III, point 1.1 and 1.3, the Republic of Poland has failed to meet its obligations under Article 5 of, in conjunction with Annex II, point A.2, and Annex III, point 1.1 and 1.3 to, that directive;










—


order the Republic of Poland to pay the costs of the proceedings.





Pleas in law and main arguments

The Republic of Poland was under an obligation to complete transposition of Directive 91/676/EEC and to comply with the obligations resulting therefrom from the date of its accession to the European Union on 1 May 2004.


(1)  OJ 1991 L 375, p. 1.
2013/339/EU: Decision of the Representatives of the Governments of the Member States of 26 June 2013 appointing a Judge to the General Court
Date: 2013-06-26
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, judge








L_2013179EN.01009501.xml










29.6.2013   


EN


Official Journal of the European Union


L 179/95








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 26 June 2013
         
appointing a Judge to the General Court
(2013/339/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,


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

Whereas:







(1)


Under Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Union, and following the resignation of Mr Josef AZIZI, with effect from 1 September 2013, a Judge should be appointed to the General Court for the remainder of the term of office of Mr AZIZI, which runs until 31 August 2016.












(2)


Mr Viktor KREUSCHITZ has been proposed as a candidate for the vacant post.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on Mr Viktor KREUSCHITZ's suitability to perform the duties of a Judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Viktor KREUSCHITZ is hereby appointed Judge to the General Court for the period from 1 September 2013 to 31 August 2016.


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





Done at Brussels, 26 June 2013.


The President

R. MONTGOMERY
Non-opposition to a notified concentration (Case COMP/M.6613 — Watson/Actavis)  Text with EEA relevance
Date: 2013-06-26
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2013180EN.01001101.xml










26.6.2013   


EN


Official Journal of the European Union


C 180/11





Non-opposition to a notified concentration
(Case COMP/M.6613 — Watson/Actavis)
(Text with EEA relevance)
2013/C 180/04
On 5 October 2012, 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 32012M6613. EUR-Lex is the on-line access to the European law.
Council Decision of 26 June 2013 adopting the Council's position on draft amending budget No 1 of the European Union for the financial year 2013
Date: 2013-06-26
Institutions: Council of the European Union
Subjects: amending budget, draft budget (EU), general budget (EU)








C_2013201EN.01000201.xml










13.7.2013   


EN


Official Journal of the European Union


C 201/2





COUNCIL DECISION
of 26 June 2013
adopting the Council's position on draft amending budget No 1 of the European Union for the financial year 2013
2013/C 201/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof,
Whereas:






—


the Union's budget for the financial year 2013 was definitively adopted on 12 December 2012 (2),










—


on 18 March 2013, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2013,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 1 of the European Union for the financial year 2013 was adopted on 26 June 2013.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 26 June 2013.


For the Council


The President

M. NOONAN




(1)  OJ L 298, 26.10.2012, p. 1,

(2)  OJ L 66, 8.3.2013, p. 1, with corrigendum in OJ L 134, 18.5.2013, p. 21.
Prior notification of a concentration (Case COMP/M.6607 — US Airways/American Airlines)  Text with EEA relevance
Date: 2013-06-26
Institutions: European Commission
Subjects: United States, airline, economic concentration, merger control








C_2013180EN.01001601.xml










26.6.2013   


EN


Official Journal of the European Union


C 180/16





Prior notification of a concentration
(Case COMP/M.6607 — US Airways/American Airlines)
(Text with EEA relevance)
2013/C 180/09






1.


On 18 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which US Airways Group (‘US Airways’, United States) enters into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation with AMR Corporation (‘AMR’, United States).










2.


The business activities of the undertakings concerned are:






—


for US Airways: U.S. flag commercial airline providing scheduled air passenger and air cargo transport services,










—


for AMR: scheduled air passenger and air cargo transport services under the brand name American Airlines.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6607 — US Airways/American Airlines, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Case C-361/13: Action brought on 26 June 2013 — European Commission v Slovak Republic
Date: 2013-06-26
Institutions: Court of Justice
Subjects: bonus payment, residence, social-security benefit








C_2013260EN.01002802.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/28





Action brought on 26 June 2013 — European Commission v Slovak Republic
(Case C-361/13)
2013/C 260/51
Language of the case: Slovak

Parties


Applicant: European Commission (represented by: F. Schatz and A. Tokár, Agents)

Defendant: Slovak Republic

Form of order sought







—


Declare that, by refusing to grant the allowance by reason of birth provided for by Law No 592/2006 to persons entitled to it who reside in a Member State other than the Slovak Republic, the Slovak Republic has failed to fulfil its obligations under Articles 45 and 48 of the Treaty on the Functioning of the European Union and Article 7 of Regulation (EC) No 883/2004 (1) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.










—


order the Slovak Republic to pay the costs.





Pleas in law and main arguments

The allowance by reason of birth provided for by Law No 592/2006 is an old-age benefit within the meaning of Article 3(1)(d) of Regulation No 883/2004 which must also be granted to persons entitled to it who reside outside the Member State concerned (in the present case, the Slovak Republic). A provision of domestic law may not therefore limit the right to receive the allowance by reason of birth of those entitled to it who reside outside the Slovak Republic. The provision of the domestic law of the Slovak Republic which lays down such a limitation is therefore incompatible with Articles 45 and 48 TFEU and Article 7 of Regulation No 883/2004.


(1)  OJ 2004 L 166, p. 1.
Case F-56/12: Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — Buschak v Commission (Civil Service — Temporary staff — Unemployment allowance — Pension contributions — Application out of time)
Date: 2013-06-26
Institutions: Civil Service Tribunal
Subjects: servant (EU), social-security contribution, unemployment insurance








C_2013252EN.01004701.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/47





Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — Buschak v Commission
(Case F-56/12) (1)

(Civil Service - Temporary staff - Unemployment allowance - Pension contributions - Application out of time)
2013/C 252/81
Language of the case: German

Parties


Applicant: Willy Buschak (Dresde, Germany) (represented by: T. Menssen, lawyer)

Defendant: European Commission (represented by: B. Eggers and D. Martin, acting as Agents)

Re:

Application for annulment of the Commission’s decision not to pay contributions in respect of the applicant to a national pension scheme or to the European Union pension scheme after the end of his contract as a temporary agent during the period in which he was unemployed, and application for him to be included in the European Union pension scheme or for his pension rights to be transferred to the national scheme.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


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






(1)  OJ C 243, 11.8.2012, p. 34.
Euro exchange rates
Date: 2013-06-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2013180EN.01001301.xml










26.6.2013   


EN


Official Journal of the European Union


C 180/13





Euro exchange rates (1)

25 June 2013
2013/C 180/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3134




JPY


Japanese yen


127,79




DKK


Danish krone


7,4593




GBP


Pound sterling


0,84860




SEK


Swedish krona


8,7683




CHF


Swiss franc


1,2268




ISK


Iceland króna


 




NOK


Norwegian krone


7,9800




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,788




HUF


Hungarian forint


296,85




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7019




PLN


Polish zloty


4,3190




RON


Romanian leu


4,4697




TRY


Turkish lira


2,5315




AUD


Australian dollar


1,4156




CAD


Canadian dollar


1,3770




HKD


Hong Kong dollar


10,1876




NZD


New Zealand dollar


1,6939




SGD


Singapore dollar


1,6637




KRW


South Korean won


1 513,98




ZAR


South African rand


13,1090




CNY


Chinese yuan renminbi


8,0707




HRK


Croatian kuna


7,4775




IDR


Indonesian rupiah


13 039,26




MYR


Malaysian ringgit


4,1799




PHP


Philippine peso


56,825




RUB


Russian rouble


43,0380




THB


Thai baht


40,650




BRL


Brazilian real


2,8989




MXN


Mexican peso


17,2858




INR


Indian rupee


78,3770






(1)  Source: reference exchange rate published by the ECB.
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2013-06-26
Institutions: European Commission
Subjects: Italy, air transport, inland transport, invitation to tender, public service, transport regulations








C_2013180EN.01001501.xml










26.6.2013   


EN


Official Journal of the European Union


C 180/15





Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2013/C 180/08






Member State


Italy




Route concerned


Alghero–Milan Linate and vice versa




Period of validity of the contract


A period of four years starting on 27 October 2013




Deadline for submission of tenders


Two months after the publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained


For further information, please contact:





Regione Autonoma della Sardegna




Assessorato dei trasporti




Via XXIX Novembre 41




09123 Cagliari CA




ITALIA




Tel. +39 0706067308




Fax +39 0706067338




E-mail: trasp.osp@regione.sardegna.it




Internet: http://www.regione.sardegna.it




http://www.mit.gov.it
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2013-06-26
Institutions: European Commission
Subjects: Italy, air transport, inland transport, invitation to tender, public service, transport regulations








C_2013180EN.01001401.xml










26.6.2013   


EN


Official Journal of the European Union


C 180/14





Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2013/C 180/07






Member State


Italy




Route concerned


Alghero–Rome Fiumicino and vice versa




Period of validity of the contract


A period of 4 years starting on 27 October 2013




Deadline for submission of tenders


Two months after the publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained


For further information, please contact:





Regione Autonoma della Sardegna




Assessorato dei trasporti




Via XXIX Novembre 41




09123 Cagliari CA




ITALIA




Tel. +39 0706067308




Fax +39 0706067338




E-mail: trasp.osp@regione.sardegna.it




Internet: http://www.regione.sardegna.it




http://www.mit.gov.it
Case F-21/12: Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — Achab v EESC (Civil Service — Officials — Remuneration — Expatriation allowance — Condition laid down in Article 4(1)(a) and (b) of Annex VII to the Staff Regulations — Recovery of sums unduly paid)
Date: 2013-06-26
Institutions: Civil Service Tribunal
Subjects: European civil service, expatriate worker, indemnification








C_2013252EN.01004601.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/46





Judgment of the Civil Service Tribunal (Third Chamber) of 26 June 2013 — Achab v EESC
(Case F-21/12) (1)

(Civil Service - Officials - Remuneration - Expatriation allowance - Condition laid down in Article 4(1)(a) and (b) of Annex VII to the Staff Regulations - Recovery of sums unduly paid)
2013/C 252/79
Language of the case: French

Parties


Applicant: Mohammed Achab (Brussels, Belgium) (represented by: N. Lhoest, lawyer)

Defendant: European Economic and Social Committee (EESC) (represented by: M. Arsène and G. Boudot, acting as Agents)

Re:

Application for annulment of the decision withdrawing the award of expatriation allowance to the applicant and seeking retroactively to recover that allowance.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the European Economic and Social Committee of 9 June 2011 in so far as it orders the recovery of the expatriation allowance paid to Mr Achab from 1 July 2010;










2.


Dismisses the remainder of the action;










3.


Orders the European Economic and Social Committee to bear its own costs and to pay half of the costs incurred by Mr Achab;










4.


Orders Mr Achab to bear half of his own costs.






(1)  OJ C 133, 5.5.2012, p. 30.