do-me/EUR-LEX huggingface dataset:
Case F-64/13: Action brought on 28 June 2013 — ZZ v Court of Justice
Date: 2013-06-28
Institutions: Civil Service Tribunal
Subjects: damages, staff assessment








C_2013274EN.01003001.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/30





Action brought on 28 June 2013 — ZZ v Court of Justice
(Case F-64/13)
2013/C 274/48
Language of the case: French

Parties


Applicant: ZZ (represented by: F. Rollinger, lawyer)

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Annulment of the applicant’s staff report concerning the period from 1 January 2008 until 31 December 2008, and order that the defendant pay compensation for non-material damage.

Form of order sought







—


annul the applicant’s staff report for the period 1 January 2008 to 31 December 2008;










—


annul the decision rejecting the complaint of 21 March 2013;










—


order the defendant to pay EUR 58 000 for non-material damage










—


order the Court of Justice to pay the costs.
2013/414/EU: Council Decision of 28 June 2013 appointing a Spanish member of the European Economic and Social Committee
Date: 2013-06-28
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Spain, appointment of members








L_2013206EN.01000601.xml










2.8.2013   


EN


Official Journal of the European Union


L 206/6








            COUNCIL DECISION
         
of 28 June 2013
         
appointing a Spanish member of the European Economic and Social Committee
(2013/414/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Spanish Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Alberto NADAL BELDA,





HAS ADOPTED THIS DECISION:



Article 1
Mr Eduardo del PUEYO PÉREZ is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 28 June 2013.


For the Council


The President

E. GILMORE
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case C-363/13: Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 28 June 2013 — Leonardo Zappalà v Rete Ferroviaria Italiana SpA
Date: 2013-06-28
Institutions: Court of Justice
Subjects: crew, ferryboat, interpretation of the law, national law, temporary employment, work contract








C_2013260EN.01002902.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/29





Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 28 June 2013 — Leonardo Zappalà v Rete Ferroviaria Italiana SpA
(Case C-363/13)
2013/C 260/53
Language of the case: Italy

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings


Appellant: Leonardo Zappalà

Respondent: Rete Ferroviaria Italiana SpA

Questions referred







1.


Are the clauses of the framework agreement on fixed-term work implemented by Directive 1999/70 (1) applicable to maritime labour and, in particular, does clause 2(1) thereof also cover workers engaged for a fixed term on ferries making daily crossings?










2.


Does the framework agreement implemented by Directive 1999/70, in particular clause 3(1), preclude national legislation (Article 332 of the Navigation Code) that provides that the ‘duration’ of the contract, rather than its ‘term’, is to be indicated, and is it compatible with that directive to provide for the duration of the contract by indicating a terminating point that is definite as regards the question whether it exists (‘a maximum of 78 days’) but indefinite as regards the question of when it occurs?










3.


Does the framework agreement implemented by Directive 1999/70, in particular clause 3(1), preclude national legislation (Articles 325, 326 and 332 of the Navigation Code) in which the objective reasons for a fixed-term contract are expressed simply in terms of the voyage or voyages to be made, in essence equating the purpose of the contract (the service provided) with its cause (the reasons for fixing a term)?










4.


Does the framework agreement implemented by the directive preclude national legislation (in the present case the rules of the Navigation Code) that, in the event of the use of successive contracts (in such a way as to be considered abusive for the purposes of clause 5) excludes the transformation of those contracts into contracts of indefinite duration (as provided by Article 326 of the Navigation Code only in situations in which the seaman works continuously for more than a year and in situations in which the period between the ending of one contract and the drawing up of the following contract is no more than 60 days)?






(1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).
Prior notification of a concentration (Case COMP/M.6965 — Carlyle/AlpInvest Group) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-06-28
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, private investment








C_2013183EN.01003101.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/31





Prior notification of a concentration
(Case COMP/M.6965 — Carlyle/AlpInvest Group)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 183/13






1.


On 20 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 the Carlyle Group (‘Carlyle’, United States of America), acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of AlpInvest Partners BV (‘AlpInvest’, the Netherlands), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Carlyle: the provision of alternative asset management services, through the management of funds that invest globally across four investment disciplines: corporate private equity (buyout and growth capital), real assets (real estate, infrastructure and energy), global market strategies (structured credit, mezzanine, distressed, hedge funds, and middle market debt) and solutions (private equity fund of funds program and related co-investment and secondary activities),










—


for AlpInvest: the provision of fund management services, covering in particular fund investments, co-investments (direct minority shareholdings), secondary fund investments and investments in mezzanine debt.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6965 — Carlyle/AlpInvest Group, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Non-opposition to a notified concentration (Case COMP/M.6928 — Conagra Foods/Cargill/CHS/Ardent Mills JV)  Text with EEA relevance
Date: 2013-06-28
Institutions: European Commission
Subjects: North America, economic concentration, food industry, merger control








C_2013183EN.01001402.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/14





Non-opposition to a notified concentration
(Case COMP/M.6928 — Conagra Foods/Cargill/CHS/Ardent Mills JV)
(Text with EEA relevance)
2013/C 183/06
On 24 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 32013M6928. EUR-Lex is the on-line access to the European law.
Corrigendum to Council Recommendation of 21 June 2013 with a view to bringing an end to the situation of an excessive government deficit in Malta ( OJ C 180, 26.6.2013 )
Date: 2013-06-28
Institutions: Council of the European Union
Subjects: Malta, budget deficit, budgetary equilibrium, gross domestic product, stability pact








C_2013183EN.01003501.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/35





Corrigendum to Council Recommendation of 21 June 2013 with a view to bringing an end to the situation of an excessive government deficit in Malta
(
Official Journal of the European Union C 180 of 26 June 2013
)
2013/C 183/17
The publication of Council Recommendation 2013/C 180/01 is to be considered null and void.
Non-opposition to a notified concentration (Case COMP/M.6943 — Triton/Befesa)  Text with EEA relevance
Date: 2013-06-28
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, waste recycling








C_2013183EN.01001401.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/14





Non-opposition to a notified concentration
(Case COMP/M.6943 — Triton/Befesa)
(Text with EEA relevance)
2013/C 183/05
On 17 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 32013M6943. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6977 — OMERS/AIMCo/VUE)  Text with EEA relevance
Date: 2013-06-28
Institutions: European Commission
Subjects: digital technology, economic concentration, investment company, merger control, processing industry








C_2013183EN.01003301.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/33





Prior notification of a concentration
(Case COMP/M.6977 — OMERS/AIMCo/VUE)
(Text with EEA relevance)
2013/C 183/15






1.


On 21 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 the undertakings Omers Administration Corporation (‘OMERS’, Canada) and Alberta Investment Management Corporation (‘AIMCo’, Canada), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Vue Entertainment International Ltd (‘VUE’, United Kingdom), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


OMERS administers a leading Canadian pension fund, managing a diversified global portfolio of stocks and bonds as well as real estate, infrastructure and private equity investments,










—


AIMCo is an institutional investment fund manager investing globally on behalf of its clients, various pension, endowment and government funds in the Canadian province of Alberta,










—


VUE operates cinemas in the United Kingdom, Ireland, Germany, Denmark, Portugal and Taiwan.














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.6977 — OMERS/AIMCo/VUE, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Non-opposition to a notified concentration (Case COMP/M.6952 — Goldman Sachs/THL/CTI Foods)  Text with EEA relevance
Date: 2013-06-28
Institutions: European Commission
Subjects: North America, bank, consumer goods, economic concentration, financial services, food processing, investment company, means of communication, merger control








C_2013183EN.01001302.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/13





Non-opposition to a notified concentration
(Case COMP/M.6952 — Goldman Sachs/THL/CTI Foods)
(Text with EEA relevance)
2013/C 183/04
On 21 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 32013M6952. EUR-Lex is the on-line access to the European law.
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: 2013-06-28
Institutions: European Commission
Subjects: Italy, Sardinia, State aid, air transport, control of State aid, inland transport, invitation to tender, public service








C_2013183EN.01001801.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/18





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 183/09






Member State


Italy




Route concerned


Cagliari–Rome Fiumicino 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
Corrigendum to the statement of revenue and expenditure of the Office of the Body of European Regulators for Electronic Communications (BEREC Office) for the financial year 2012 — Amending Budget No 1 ( OJ C 52, 22.2.2013 )
Date: 2013-06-28
Institutions: Agency for Support for BEREC
Subjects: EU expenditure, EU office or agency, amending budget, budgetary resources, financial year, publication of accounts, telecommunications








C_2013185EN.01005901.xml










28.6.2013   


EN


Official Journal of the European Union


C 185/59





Corrigendum to the statement of revenue and expenditure of the Office of the Body of European Regulators for Electronic Communications (BEREC Office) for the financial year 2012 — Amending Budget No 1

(
Official Journal of the European Union C 52 of 22 February 2013
)

(2013/C 185/13)
On page 42, in the table, the following Title 3 must be added between Titles 2 and 4:

‘TITLE 3 — EUROPEAN FREE TRADE ASSOCIATION (EFTA) CONTRIBUTION


CHAPTER 3 0 — EUROPEAN FREE TRADE ASSOCIATION (EFTA) CONTRIBUTION


Figures








Budget 2012


Amending budget No 1/2012


New amount




111 616


– 111 616


p.m’
Case C-362/13: Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 28 June 2013 — Maurizio Fiamingo v Rete Ferroviaria Italiana SpA
Date: 2013-06-28
Institutions: Court of Justice
Subjects: Italy, crew, interpretation of the law, maritime transport, temporary employment








C_2013260EN.01002901.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/29





Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 28 June 2013 — Maurizio Fiamingo v Rete Ferroviaria Italiana SpA
(Case C-362/13)
2013/C 260/52
Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings


Appellant: Maurizio Fiamingo

Respondent: Rete Ferroviaria Italiana SpA

Questions referred







1.


Are the clauses of the framework agreement on fixed-term work implemented by Directive 1999/70 (1) applicable to maritime labour and, in particular, does clause 2(1) thereof also cover workers engaged for a fixed term on ferries making daily crossings?










2.


Does the framework agreement implemented by Directive 1999/70, in particular clause 3(1), preclude national legislation (Article 332 of the Navigation Code) that provides that the ‘duration’ of the contract, rather than its ‘term’, is to be indicated, and is it compatible with that directive to provide for the duration of the contract by indicating a terminating point that is definite as regards the question whether it exists (‘a maximum of 78 days’) but indefinite as regards the question of when it occurs?










3.


Does the framework agreement implemented by Directive 1999/70, in particular clause 3(1), preclude national legislation (Articles 325, 326 and 332 of the Navigation Code) in which the objective reasons for a fixed-term contract are expressed simply in terms of the voyage or voyages to be made, in essence equating the purpose of the contract (the service provided) with its cause (the reasons for fixing a term)?










4.


Does the framework agreement implemented by the directive preclude national legislation (in the present case the rules of the Navigation Code) that, in the event of the use of successive contracts (in such a way as to be considered abusive for the purposes of clause 5) excludes the transformation of those contracts into contracts of indefinite duration (as provided by Article 326 of the Navigation Code only in situations in which the seaman works continuously for more than a year and in situations in which the period between the ending of one contract and the drawing up of the following contract is no more than 60 days)?






(1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).
Non-opposition to a notified concentration (Case COMP/M.6543 — Ahold/Flevo)  Text with EEA relevance
Date: 2013-06-28
Institutions: European Commission
Subjects: audiovisual equipment, economic concentration, electronic commerce, foodstuff, merger control








C_2013183EN.01001301.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/13





Non-opposition to a notified concentration
(Case COMP/M.6543 — Ahold/Flevo)
(Text with EEA relevance)
2013/C 183/03
On 7 May 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 32012M6543. EUR-Lex is the on-line access to the European law.