do-me/EUR-LEX huggingface dataset:
Case T-349/13: Action brought on 1 July 2013 — Orange Business Belgium v Commission
Date: 2013-07-01
Institutions: General Court
Subjects: Belgium, award of contract, services contract, telecommunications industry








C_2013252EN.01003801.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/38





Action brought on 1 July 2013 — Orange Business Belgium v Commission
(Case T-349/13)
2013/C 252/64
Language of the case: English

Parties


Applicant: Orange Business Belgium SA (Brussels, Belgium) (represented by: B. Schutyser, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of DG DIGIT of the European Commission, notified to the applicant on 19 April 2013, rejecting the applicant's tender and awarding the contract to another tenderer;










—


In the event at the time of the rendering of the judgment the Commission would have already signed the Trans European Services for Telematics between Administrations — new generation (‘TESTA-ng’) contract, declare that this contract is null and void; and










—


Order the defendant to pay the costs of the proceedings, including the expenses for legal counsel incurred by the applicant.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging that the defendant violated the tendering specifications, Article 89(1) and Article 100(1) of the Financial Regulation 1605/2002 (1) (Article 102(1) and Article 113(1) of the Financial Regulation 966/2012) in particular the principles of transparency, equality and non-discrimination because a) some communicated evaluation rules were not applied, b) some communicated evaluation rules were wrong and others, not communicated, evaluation rules have been applied instead, and c) the method for the technical evaluation was not communicated prior to the submitting of the tenders.










2.


Second plea in law, alleging that the defendant infringed the principles of transparency and equal treatment of tenderers contained in Article 89(1) of the Financial Regulation 1605/2002 (Article 102(1) of the Financial Regulation 966/2012), which invalidate the contested decision because it held the offer of the another tenderer regular, despite fundamental non-compliant elements in breach of the technical requirements of the Tendering Specifications.






(1)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1)
Case C-366/13: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 1 July 2013 — Profit Investment Sim SpA, in liquidation v Stefano Ossi and Commerzbank AG
Date: 2013-07-01
Institutions: Court of Justice
Subjects: Italy, borrowing, civil proceedings, contract terms, free movement of capital, interpretation of the law, jurisdiction








C_2013260EN.01003002.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/30





Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 1 July 2013 — Profit Investment Sim SpA, in liquidation v Stefano Ossi and Commerzbank AG
(Case C-366/13)
2013/C 260/55
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: Profit Investment Sim SpA, in liquidation

Respondents: Stefano Ossi, Commerzbank AG

Questions referred







1.


Can the connecting link between different actions referred to in Article 6(1) of Regulation No 44/2001 (1) be said to exist where the subject-matter of the heads of claim put forward in those actions and the basis for the pleas in law raised therein are different and there is no relationship between them of subordination or logical and legal incompatibility, but the upholding of one of those actions is nonetheless potentially capable, in practice, of affecting the extent of the interest on the grounds of which the other action has been brought?










2.


Can the requirement that the agreement conferring jurisdiction be in written form, as laid down in Article 23(1)(a) of Regulation No 44/2001, be said to be satisfied where such an agreement is inserted into the document (Information Memorandum) that has been created unilaterally by a bond issuer, with the effect that the prorogation of jurisdiction is made applicable to disputes involving any future purchaser concerning the validity of those bonds? If not, can it be said that the insertion of that agreement into the document governing a bond issue which is intended for cross-border movement corresponds to a form which accords with usages in international trade or commerce within the terms of Article 23(1)(c) of that regulation?










3.


Should the expression ‘matters relating to a contract’, as used in Article 5(1) of Regulation No 44/2001, be understood to refer only to disputes in which the applicant intends to assert before the court the binding legal relationship arising from the contract and to disputes which are closely linked to that relationship, or must it be extended so as also to include disputes in which the applicant, far from invoking the contract, disputes the existence of a legally valid and binding contractual relationship and seeks to obtain a refund of the amount paid on the basis of a document which, in its view, is bereft of legal value?






(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).
2013/343/EU: Council Decision of 1 July 2013 appointing the Croatian members of the European Economic and Social Committee
Date: 2013-07-01
Institutions: Council of the European Union
Subjects: Croatia, European Economic and Social Committee, appointment of members








L_2013183EN.01000901.xml










2.7.2013   


EN


Official Journal of the European Union


L 183/9








            COUNCIL DECISION
         
of 1 July 2013
         
appointing the Croatian members of the European Economic and Social Committee
(2013/343/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 Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 23 thereof,


Having regard to the proposal of the Government of the Republic of Croatia,


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)


Following the accession of the Republic of Croatia to the European Union, the European Economic and Social Committee should be enlarged by the appointment of nine members to be chosen from among representatives of organisations of employers, of the employed and of other parties representative of civil society, notably in socio-economic, civic, professional and cultural areas,





HAS ADOPTED THIS DECISION:



Article 1
The following persons are hereby appointed as members of the European Economic and Social Committee for the period from 1 July 2013 to 20 September 2015:






—


Mr Davor MAJETIĆ, Director General HUP (Croatian Employers Association)










—


Ms Dragica MARTINOVIĆ DŽAMONJA, Director, Representative Office in Brussels, Croatian Chamber of Economy










—


Ms Violeta JELIĆ, General Secretary of the Croatian Chamber of Trades and Crafts










—


Ms Marija HANŽEVAČKI, General Secretary, Independent Trade Unions of Croatia










—


Ms Anica MILIĆEVIĆ-PEZELJ, Executive Secretary, UATUC (Union of Autonomous Trade Unions of Croatia)










—


Mr Vilim RIBIĆ, President of the Great Council of Independent Union of Research and Higher Education Employees of Croatia










—


Ms Lidija PAVIĆ-ROGOŠIĆ, Director, ODRAZ — Sustainable Community Development










—


Ms Marina ŠKRABALO, Senior advisor, GONG (Citizens Supervising Voting in an organized manner)










—


Mr Toni VIDAN, Coordinator of the Energy and Climate programme of Zelena akcija/ FoE Croatia.






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




Done at Brussels, 1 July 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case C-367/13: Request for a preliminary ruling from the Commissione tributaria provinciale di Roma (Italy) lodged on 1 July 2013 — Pier Paolo Fabretti v Agenzia delle Entrate
Date: 2013-07-01
Institutions: Court of Justice
Subjects: Italy, game of chance, tax system








C_2013260EN.01003003.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/30





Request for a preliminary ruling from the Commissione tributaria provinciale di Roma (Italy) lodged on 1 July 2013 — Pier Paolo Fabretti v Agenzia delle Entrate
(Case C-367/13)
2013/C 260/56
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Roma

Parties to the main proceedings


Applicant: Pier Paolo Fabretti

Defendants: Agenzia delle Entrate — Direzione Provinciale I di Roma — Ufficio Controlli

Question referred

Is it incompatible with Article 49 of the EC Treaty for persons resident in Italy to be required to declare for tax purposes, and be liable for tax on, winnings obtained from casinos in Member States of the European Union, as provided for by Article 67(1)(d) of Presidential Decree No 917 of 22.12.1986 (‘the TUIR’), or must this be regarded as justified on grounds of public policy, public security or public health, pursuant to Article 46 of the EC Treaty?
2013/344/EU: Council Decision taken by common accord with the President of the Commission of 1 July 2013 appointing a Member of the European Commission
Date: 2013-07-01
Institutions: Council of the European Union
Subjects: European Commission, appointment of members








L_2013183EN.01001001.xml










2.7.2013   


EN


Official Journal of the European Union


L 183/10








            COUNCIL DECISION
         
taken by common accord with the President of the Commission
of 1 July 2013
         
appointing a Member of the European Commission
(2013/344/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 21 thereof,


Having regard to the opinion of the European Parliament (1),

HAS ADOPTED THIS DECISION:



Article 1
By common accord with Mr José Manuel DURÃO BARROSO, President of the Commission, the Council hereby appoints Mr Neven MIMICA as Member of the Commission for the period from 1 July 2013 to 31 October 2014.


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




Done at Brussels, 1 July 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  Opinion of 12 June 2013 (not yet published in the Official Journal).
Case T-347/13: Action brought on 1 July 2013 — Hawe Hydraulik v OHIM — HaWi Energietechnik (HAWI)
Date: 2013-07-01
Institutions: General Court
Subjects: EU trade mark, hydrology, registered trade mark, trade-mark law








C_2013252EN.01003702.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/37





Action brought on 1 July 2013 — Hawe Hydraulik v OHIM — HaWi Energietechnik (HAWI)
(Case T-347/13)
2013/C 252/63
Language in which the application was lodged: German

Parties


Applicant: Hawe Hydraulik SE (Munich, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal: HaWi Energietechnik AG (Eggenfelden, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 April 2013 in Case R 1690/2012-4 relating to Community trade mark application No 6 558 589‘HAWI’;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: HaWi Energietechnik AG

Community trade mark concerned: the word mark ‘HAWI’ for goods and services in Classes 7, 9, 35, 37 and 42 — Community trade mark application No 6 558 589

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: the figurative mark including the word element ‘HAWE’ for goods in Classes 7 and 9

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:







—


Infringement of Article 42(2) in conjunction with Article 78(1)(f) of Regulation No 207/2009;










—


Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the declaration on oath;










—


Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the extracts from the Internet;










—


Infringement of the right to be heard regarding the assessment of the proof of use in its entirety;










—


Infringement of the right to be heard regarding the failure to take the proof of use into account;










—


Infringement of Article 76(2) of Regulation No 207/2009
2013/348/EU: Decision of the Representatives of the Governments of the Member States of 1 July 2013 appointing a Judge to the General Court
Date: 2013-07-01
Institutions: Representatives of the Governments of the Member States
Subjects: Croatia, General Court (EU), appointment of members, judge








L_2013184EN.01000501.xml










3.7.2013   


EN


Official Journal of the European Union


L 184/5








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 1 July 2013
         
appointing a Judge to the General Court
(2013/348/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,


Having regard to the Act of Accession of Croatia, and in particular Article 22(1) thereof,

Whereas:







(1)


Article 22(1) of the Act of Accession of Croatia provides for the appointment of a Croatian judge to the General Court for the period from 1 July 2013 to 31 August 2013.












(2)


Ms Vesna TOMLJENOVIĆ has been proposed as a candidate for appointment as a judge of the General Court.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Ms Vesna TOMLJENOVIĆ to perform the duties of Judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Ms Vesna TOMLJENOVIĆ is hereby appointed a judge of the General Court for the period from 1 July 2013 to 31 August 2013.


Article 2
This Decision shall enter into force on 1 July 2013.




Done at Brussels, 1 July 2013.


For the Council


The President

L. LINKEVIČIUS
Decision of the Bureau of the European Parliament of 1 July 2013 amending the Implementing Measures for the Statute for Members of the European Parliament
Date: 2013-07-01
Institutions: Bureau of the European Parliament, European Parliament
Subjects: Croatia, European Parliament, Statute for Members of the Parliament, allowances and expenses








C_2013194EN.01000601.xml










5.7.2013   


EN


Official Journal of the European Union


C 194/6





DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
of 1 July 2013
amending the Implementing Measures for the Statute for Members of the European Parliament
2013/C 194/02
THE BUREAU OF THE EUROPEAN PARLIAMENT,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(2) thereof,
Having regard to the Treaty concerning the accession of the Republic of Croatia to the European Union,
Having regard to the Statute for Members of the European Parliament (1),
Having regard to Rules 8 and 23 of the Rules of Procedure of the European Parliament,
Whereas:






(1)


According to the Treaty concerning the accession of the Republic of Croatia to the European Union, the latter will be a Member State of the European Union as of 1 July 2013. From that date, the Croatian Members will sit in the European Parliament. It is thus necessary to modify point (b) of Article 23(1) of the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’) on travel expenses incurred in the Member State of election to take account of the new Croatian Members joining the European Parliament.










(2)


Travel in the Member State of election by car is limited annually to a number of kilometres on a basis established according to the size of the Member State concerned. Considering that the area of Croatia is 56 542 km2, Croatian Members of the European Parliament should have an individual right to 8 000 km annually,




HAS ADOPTED THIS DECISION:
Article 1
In point (b) of Article 23(1) of the Implementing Measures, the third indent is replaced by the following:






‘—


8 000 km for Members elected in Belgium, Denmark, Estonia, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands or Slovenia.’.




Article 2
1.   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
2.   This Decision shall apply from 1 July 2013.


(1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

(2)  Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159, 13.7.2009, p. 1).
Case C-365/13: Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 1 July 2013 — Ordre des architectes v Belgian State
Date: 2013-07-01
Institutions: Court of Justice
Subjects: Belgium, interpretation of the law, job access, professional experience, professional qualifications, professional society, recognition of diplomas, town-planning profession, traineeship








C_2013274EN.01000601.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/6





Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 1 July 2013 — Ordre des architectes v Belgian State
(Case C-365/13)
2013/C 274/11
Language of the case: French

Referring court

Conseil d’État (Belgium)

Parties to the main proceedings


Applicant: Ordre des architectes

Defendant: Belgian State

Question referred

In so far as they oblige each Member State, for the purpose of access to and pursuit of professional activities, to give the same effect on its territory to the evidence of formal qualifications to which they refer as to the evidence of formal qualifications which it itself issues, must Articles 21 and 49 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1) be interpreted as preventing a State from requiring that, in order to be enrolled in a register of the Ordre des architectes, the holder of evidence of formal qualifications as an architect in accordance with Article 46 of that directive or the holder of evidence of formal qualifications referred to in Article 49(1) must also satisfy conditions concerning a professional traineeship or experience, equivalent to those required of the holders of diplomas issued on its territory after they have obtained those diplomas?


(1)  OJ 2005 L 255, P.22.
2013/349/EU: Decision of the Representatives of the Governments of the Member States of 1 July 2013 appointing a Judge to the Court of Justice
Date: 2013-07-01
Institutions: Representatives of the Governments of the Member States
Subjects: Croatia, appointment of members, judge, member of the Court of Justice (EU)








L_2013184EN.01000601.xml










3.7.2013   


EN


Official Journal of the European Union


L 184/6








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 1 July 2013
         
appointing a Judge to the Court of Justice
(2013/349/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 253 and 255 thereof,


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


Having regard to the Act of Accession of Croatia, and in particular Article 22(1) thereof,

Whereas:







(1)


Article 22(1) of the Act of Accession provides for the appointment of a Croatian judge to the Court of Justice for the period from 1 July 2013 to 6 October 2015.












(2)


Mr Siniša RODIN has been proposed as a candidate for appointment as a judge of the Court of Justice.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Siniša RODIN to perform the duties of Judge of the Court of Justice,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Siniša RODIN is hereby appointed a judge of the Court of Justice for the period from 1 July 2013 to 6 October 2015.


Article 2
This Decision shall enter into force on 1 July 2013.




Done at Brussels, 1 July 2013.


For the Council


The President

L. LINKEVIČIUS