do-me/EUR-LEX huggingface dataset:
Case T-354/13: Action brought on 4 July 2013 — Zentralverband des Deutschen Bäckerhandwerks v Commission
Date: 2013-07-04
Institutions: General Court
Subjects: Germany, bakery, designation of origin, fundamental rights, infringement of EU law, legal basis








C_2013260EN.01004302.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/43





Action brought on 4 July 2013 — Zentralverband des Deutschen Bäckerhandwerks v Commission
(Case T-354/13)
2013/C 260/78
Language of the case: German

Parties


Applicant: Zentralverband des Deutschen Bäckerhandwerks e.V. (Berlin, Germany) (represented by: I. Jung, M. Teworte-Vey, A. Renvert and J. T. Saatkamp, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul the defendant’s decision of 8 April 2013 in the cases ‘Kołocz śląski/Kołacz śląski’ — Schlesischer Streuselkuchen (Ref. Ares [2013] 619104 — 10 April 2013).





Pleas in law and main arguments

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






1.


First plea in law: incorrect legal basis






—


The applicant claims that the defendant erred in law in basing its decision concerning the applicant’s request for cancellation of the registration of ‘Kołocz śląski/Kołacz śląski’ as a protected geographical indication on the new version of Regulation (EU) No 1151/2012, (1) in force at the time of the defendant’s decision, instead of on the old Regulation (EC) No 510/2006, (2) in force at the time when the applicant submitted its request. The defendant thereby infringed the principle of tempus regit actum.










—


The applicant further claims that the request for cancellation of the registration under Regulation No 510/2006 is admissible and well founded. In this connection, it maintains, inter alia, that there are two grounds for cancellation (the generic nature of the contested indication within the meaning of Article 3(1) of Regulation No 510/2006, and the erroneous delimitation of the geographic zone of Silesia in the registration specifications) for the purpose of Article 12(2) of Regulation No 510/2006, and that any different interpretation and application of that provision would infringe the fundamental rights of bakeries in the Federal Republic of Germany.














2.


Second plea in law: breach of Regulation No 1151/2012






—


The applicant claims that its request would be admissible and well founded even if it were assessed on the basis of Regulation No 1151/2012.










(1)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1).

(2)  Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 2006 L 93, p. 12).
Commission Implementing Regulation (EU) No 648/2013 of 4 July 2013 entering a name in the register of protected designations of origin and protected geographical indications (Prés-salés de la baie de Somme (PDO))
Date: 2013-07-04
Institutions: European Commission
Subjects: France, designation of origin, meat, product designation








L_2013188EN.01000301.xml










9.7.2013   


EN


Official Journal of the European Union


L 188/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 648/2013
of 4 July 2013
         
entering a name in the register of protected designations of origin and protected geographical indications (Prés-salés de la baie de Somme (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Prés-salés de la baie de Somme’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the name ‘Prés-salés de la baie de Somme’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 July 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ C 257, 25.8.2012, p. 10.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

FRANCE
Prés-salés de la baie de Somme (PDO)
Case F-66/13: Action brought on 4 July 2013 — ZZ v Europol
Date: 2013-07-04
Institutions: Civil Service Tribunal
Subjects: severance pay, temporary employment, unfair dismissal








C_2013274EN.01003002.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/30





Action brought on 4 July 2013 — ZZ v Europol
(Case F-66/13)
2013/C 274/49
Language of the case: French

Parties


Applicant: ZZ (represented by: J.-J. Ghosez, lawyer)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of the decision not to renew the applicant’s fixed-term contract.

Form of order sought







—


Annul the decision taken by the defendant on 28 September 2012 by which the defendant informed the applicant that her fixed-term contract expiring on 31 December 2012 would not be renewed, as well as the confirmatory decision rejecting the applicant’s complaint, taken on 9 April 2013;










—


order the defendant to pay the applicant the difference between (i) the amount of the remuneration to which she would have been entitled had she remained in her post with the defendant and (ii) the amount of the remuneration, fees, unemployment benefits and any other compensation actually received by her since 1 January 2013 by way of replacement for the remuneration she was receiving as a temporary agent;










—


order Europol to pay the costs.
Case C-520/12 P: Order of the Court (Seventh Chamber) of 4 July 2013 — Diadikasia Symvouloi Epicheiriseon AE v European Commission, EU Delegation to Turkey, Central Finance & Contracts Unit (CFCU) (Appeals — Instrument for Pre-Accession Assistance — Public procurement — Project for the enlargement of the European Turkish Business Centres Network — Decision not to award the project — Application for damages for the alleged losses — National decision — No involvement by European Union bodies)
Date: 2013-07-04
Institutions: Court of Justice
Subjects: Türkiye, administrative contract, indemnification, pre-accession aid








C_2013304EN.01000302.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/3





Order of the Court (Seventh Chamber) of 4 July 2013 — Diadikasia Symvouloi Epicheiriseon AE v European Commission, EU Delegation to Turkey, Central Finance & Contracts Unit (CFCU)
(Case C-520/12 P) (1)

(Appeals - Instrument for Pre-Accession Assistance - Public procurement - Project for the enlargement of the European Turkish Business Centres Network - Decision not to award the project - Application for damages for the alleged losses - National decision - No involvement by European Union bodies)
2013/C 304/05
Language of the case: English

Parties


Appellant: Diadikasia Symvouloi Epicheiriseon AE (represented by: A. Krystallidis, avocat)

Other party to the proceedings: European Commission (represented by: A. Aresu and F. Erlbacher, acting as Agents), EU Delegation to Turkey, Central Finance & Contracts Unit (CFCU)

Re:

Appeal brought against the order of the General Court (Fourth Chamber) of 13 September 2012 in Case T-369/11 Diadikasia Symbouloi Epicheiriseon AE v European Commission, Central Finance & Contracts Unit (CFCU) and Delegation of the European Union to Turkey, by which the General Court dismissed an application for damages seeking compensation for harm allegedly suffered by the applicant following a decision by the Delegation of the European Union to Turkey not to award the applicant the contract to carry out the project ‘Enlargement of the European Turkish Business Centers Network to Sivas, Antakya, Batman and Van’ (EuropeAid/128621/D/SER/TR) — Inadmissibility — Lack of jurisdiction

Operative part of the order







1.


The appeal is dismissed.










2.


Diadikasia Symvouloi Epicheiriseon AE to pay the costs.






(1)  OJ C 26, 26.1.2013.
Case T-301/12: Judgment of the General Court of 4 July 2013 — Laboratoires CTRS v Commission (Medicinal products for human use — Application for authorisation to market the medicinal product Orphacol — Commission decision refusing to grant authorisation — Regulation (EC) No 726/2004 — Directive 2001/83/EC — Well-established medicinal use — Exceptional circumstances)
Date: 2013-07-04
Institutions: General Court
Subjects: drug surveillance, market approval, medicinal product, public health








C_2013233EN.01000902.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/9





Judgment of the General Court of 4 July 2013 — Laboratoires CTRS v Commission
(Case T-301/12) (1)

(Medicinal products for human use - Application for authorisation to market the medicinal product Orphacol - Commission decision refusing to grant authorisation - Regulation (EC) No 726/2004 - Directive 2001/83/EC - Well-established medicinal use - Exceptional circumstances)
2013/C 233/16
Language of the case: English

Parties


Applicant: Laboratoires CTRS (Boulogne-Billancourt, France) (represented by: K. Bacon, Barrister, M. Utges Manley and M. Barnden, Solicitors)

Defendant: European Commission (represented by: E. White, M. Šimerdová and L. Banciella, acting as Agents)

Interveners in support of the applicant: Czech Republic (represented by: M. Smolek and D. Hadroušek, acting as Agents); Kingdom of Denmark (represented by: V. Pasternak Jørgensen and C. Thorning, acting as Agents); French Republic (represented by: D. Colas, F. Gloaguen and S. Menez, acting as Agents); Republic of Austria (represented by: C. Pesendorfer and A. Posch, acting as Agents); United Kingdom of Great Britain and Northern Ireland (represented: initially by S. Behzadi-Spencer, acting as Agent, and subsequently by C. Murrel, and finally by L. Christie, acting as Agents, and by J. Holmes, Barrister)

Intervener in support of the defendant: Republic of Poland (represented: initially by B. Majczyna and M. Szpunar, and subsequently by B. Majczyna, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision C(2012) 3306 final of 25 May 2012 refusing a marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council for ‘Orphacol — Cholic acid’, an orphan medicinal product for human use.

Operative part of the judgment

The Court:






1.


Annuls Commission Implementing Decision C(2012) 3306 final of 25 May 2012 refusing a marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council for ‘Orphacol — Cholic acid’, an orphan medicinal product for human use;










2.


Orders the European Commission to bear its own costs and those incurred by Laboratoires CTRS;










3.


Orders the Czech Republic, the Kingdom of Denmark, the French Republic, the Republic of Austria, the Republic of Poland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 250, 18.8.2012.
Case T-356/13 P: Appeal brought on 4 July 2013 by Giorgio Lebedef against the judgment of the Civil Service Tribunal of 24 April 2013 in Case F-56/11, Lebedef v Commission
Date: 2013-07-04
Institutions: General Court
Subjects: European civil service, disciplinary proceedings, rights of the defence








C_2013298EN.01000802.xml










12.10.2013   


EN


Official Journal of the European Union


C 298/8





Appeal brought on 4 July 2013 by Giorgio Lebedef against the judgment of the Civil Service Tribunal of 24 April 2013 in Case F-56/11, Lebedef v Commission
(Case T-356/13 P)
2013/C 298/14
Language of the case: French

Parties


Appellant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by F. Frabetti, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the Court should:






—


set aside the judgment of the Civil Service Tribunal of 24 April 2013 in Case F-56/11 Lebedef v Commission, in respect of an application for annulment of the decision in disciplinary proceedings of 6 July 2010 downgrading the appellant by two grades in the same function group;










—


grant the appellant’s form of order sought at first instance;










—


in the alternative, refer the case back to the Civil Service Tribunal;










—


make an order as to costs and order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the appeal, the appellant relies on a certain number of grounds of appeal relating to paragraphs 35, 36, 44, 45, 56, 57, 69, 70, 71, 77, 78, 86, 95 and 96 of the judgment under appeal, alleging breach of the rights of the defence and infringement of the principle of prohibition of arbitrary action, since the Civil Service Tribunal distorted and misinterpreted the facts and misread and misinterpreted the application at first instance and the contested decision.
Case C-287/11 P: Judgment of the Court (Third Chamber) of 4 July 2013 — European Commission v Aalberts Industries NV, Comap SA, formerly Aquatis France SAS, Simplex Armaturen + Fittings GmbH & Co. KG (Appeals — Agreements, decisions and concerted practices — European market — Copper and copper alloy fittings sector — Commission decision — Finding of an infringement of Article 101 TFEU — Fines — Single, complex and continuous infringement — Cessation of the infringement — Continuation of the infringement by certain participants — Repeated infringement)
Date: 2013-07-04
Institutions: Court of Justice
Subjects: fine, piping, price agreement, trade information, unlawful agreement








C_2013245EN.01000201.xml










24.8.2013   


EN


Official Journal of the European Union


C 245/2





Judgment of the Court (Third Chamber) of 4 July 2013 — European Commission v Aalberts Industries NV, Comap SA, formerly Aquatis France SAS, Simplex Armaturen + Fittings GmbH & Co. KG
(Case C-287/11 P) (1)

(Appeals - Agreements, decisions and concerted practices - European market - Copper and copper alloy fittings sector - Commission decision - Finding of an infringement of Article 101 TFEU - Fines - Single, complex and continuous infringement - Cessation of the infringement - Continuation of the infringement by certain participants - Repeated infringement)
2013/C 245/02
Language of the case: English

Parties


Appellant: European Commission (represented by: F. Castillo de la Torre, V. Bottka and R. Sauer, acting as Agents)

Other parties to the proceedings: Aalberts Industries NV, Comap SA, formerly Aquatis France SAS, Simplex Armaturen + Fittings GmbH & Co. KG (represented by: R. Wesseling, advocaat)

Re:

Appeal brought against the judgment delivered by the General Court (Eighth Chamber) on 24 March 2011 in Case T-385/06 Aalberts Industries NV and Others v European Commission by which the Court annulled, in part, Commission Decision C(2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) in respect of a cartel involving price-fixing and agreement on discounts and rebates, the creation of mechanisms for coordinating price increases, allocation of customers and exchange of commercial information in the European market for copper and copper alloy fittings, and also, in the alternative, a reduction in the fine imposed on the applicants

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Declares that there is no need to examine the cross-appeal;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 238, 13.8.2011.