do-me/EUR-LEX huggingface dataset:
Case T-238/11 P: Order of the General Court of 8 July 2013 — Marcuccio vCommission (Appeal — Civil service — Officials — Invalidity allowance — Payment of arrears — Default interest due — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2013-07-08
Institutions: General Court
Subjects: European civil service, deadline for payment, disability insurance, interest








C_2013252EN.01003101.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/31





Order of the General Court of 8 July 2013 — Marcuccio vCommission
(Case T-238/11 P) (1)

(Appeal - Civil service - Officials - Invalidity allowance - Payment of arrears - Default interest due - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2013/C 252/50
Language of the case: Italian

Parties


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

Other party in the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Dal Ferro, lawyer)

Re

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 15 February 2011 in Case F-81/09 Marcuccio v Commission (not published in the ECR) seeking to have that judgment set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


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






(1)  OJ C 186, 25.6.2011.
Case C-388/13: Request for a preliminary ruling from the Kúria (Hungary) lodged on 8 July 2013 — UPC Magyarország Kft. v Nemzeti Fogyasztóvédelmi Hatóság
Date: 2013-07-08
Institutions: Court of Justice
Subjects: Hungary, advertising malpractice, consumer protection, interpretation of the law








C_2013304EN.01000402.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/4





Request for a preliminary ruling from the Kúria (Hungary) lodged on 8 July 2013 — UPC Magyarország Kft. v Nemzeti Fogyasztóvédelmi Hatóság
(Case C-388/13)
2013/C 304/07
Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings


Applicant: UPC Magyarország kft

Defendant: Nemzeti Fogyasztóvédelmi Hatóság

Questions referred







1.


Is Article 5 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘the Unfair Commercial Practices Directive’) (1) …, to be interpreted as precluding, in respect of misleading commercial practices within the meaning of Article 5(4) of that directive, a separate examination of the criteria of Article 5(2)(a) of the directive?










2.


May a communication of false information to a single consumer be regarded as a commercial practice within the meaning of that directive?






(1)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (Text with EEA relevance) (OJ 2005 L 149, p. 22).
2013/364/CFSP: Council Decision 2013/364/CFSP of 8 July 2013 amending Decision 2010/330/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ
Date: 2013-07-08
Institutions: Council of the European Union
Subjects: Iraq, fact-finding mission, judicial cooperation, rule of law, the EU's international role




L_2013188EN.01000901.xml










9.7.2013   


EN


Official Journal of the European Union


L 188/9








            COUNCIL DECISION 2013/364/CFSP
of 8 July 2013
         
amending Decision 2010/330/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 14 June 2010, the Council adopted Decision 2010/330/CFSP (1) which extended EUJUST LEX IRAQ until 30 June 2012.












(2)


On 10 July 2012, the Council adopted Decision 2012/372/CFSP (2) extending EUJUST LEX IRAQ for a further period of 18 months until 31 December 2013.












(3)


The financial reference amount covers the period until 30 June 2013. A new financial reference amount is required to cover the expenditure related to the Mission between 1 July 2013 and 31 December 2013.












(4)


EUJUST LEX-IRAQ will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty.












(5)


Decision 2010/330/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following paragraph is inserted in Article 11 of Decision 2010/330/CFSP:

‘2b.   The financial reference amount intended to cover the expenditure related to the Mission between 1 July 2013 and 31 December 2013 shall be EUR 15 400 000.’.



Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 July 2013.




Done at Brussels, 8 July 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  
            OJ L 149, 15.6.2010, p. 12.

(2)  
            OJ L 179, 11.7.2012, p. 22.
Case C-391/13 P: Appeal brought on 8 July 2013 by the Hellenic Republic against the judgment of the General Court delivered on 17 May 2013 in Case T-294/11 Greece v Commission
Date: 2013-07-08
Institutions: Court of Justice
Subjects: Greece, administrative check, common agricultural policy, infringement of EU law, interpretation of the law, olive oil, principle of proportionality








C_2013260EN.01003501.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/35





Appeal brought on 8 July 2013 by the Hellenic Republic against the judgment of the General Court delivered on 17 May 2013 in Case T-294/11 Greece v Commission
(Case C-391/13 P)
2013/C 260/64
Language of the case: Greek

Parties


Appellant: The Hellenic Republic (represented by: I. Khalkias, Agent)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


uphold the appeal;










—


set aside the judgment under appeal of the General Court of the European Union as more specifically requested;










—


order the European Commission to pay the costs.





Pleas in law and main arguments

By the first ground of appeal, in the sector of olive oil production, the Hellenic Republic submits that the judgment under appeal manifestly erred in law by reason of the misinterpretation and misapplication of the guidelines contained in the documents AGRI/VI/5330/1997, AGRI/17933/2000 and AGRI/61495/2002, then in force, since it regarded the manifest improvement of the control system in the sector of olive oil production in the 2004-2005 period, as compared with the 2003-2004 period, as repeat offending, continuing weaknesses and marked deterioration justifying an increased correction for the 2004/2005 period, although it was clearly inappropriate to increase the correction from the 10 % which was imposed for the 2003/2004 period to 15 % for the 2004/2005 period on the ground of repeat offending, given that there were numerous improvements (further updating of the Olive cultivation-GIS, improved on-the-spot checks and cross-checks which detect irregularities and impose penalties) which reinforced their control system.
By the second ground of appeal, in the sector of arable crops, it is claimed that:






1.


there is an infringement of European Union law and a breach of the principle of proportionality by reason of the misinterpretation and misapplication of the non-updated guidelines in respect of flat-rate corrections of the old CAP to the new CAP since the amounts of the flat-rate corrections related to different control rules and










2.


the statement of reasons in the judgment of the General Court is insufficient in so far as a comparison of the LPIS-GIS information which was taken into account for the 2007 reporting year with the information from the new and updated 2009 LPIS-GIS made it clear that the differences and deficiencies are minimal and did not exceed 2.4 % and consequently no reasons are stated to justify the 5 % correction, and further the material arguments of the Hellenic Republic on the quality of the administrative cross-checks were ignored.
Commission Regulation (EU) No 661/2013 of 8 July 2013 establishing a prohibition of fishing for greater forkbeard in EU and international waters of V, VI and VII by vessels flying the flag of Spain
Date: 2013-07-08
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013191EN.01000101.xml










12.7.2013   


EN


Official Journal of the European Union


L 191/1








            COMMISSION REGULATION (EU) No 661/2013
of 8 July 2013
         
establishing a prohibition of fishing for greater forkbeard in EU and international waters of V, VI and VII by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 1262/2012 of 20 December 2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels for certain deep-sea fish stocks (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 8 July 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 356, 22.12.2012, p. 22.




ANNEX






No


09/DSS




Member State


Spain




Stock


GFB/567-




Species


Greater Forkbeard (Phycis blennoides)




Zone


EU and international waters of V, VI and VII




Date


22.6.2013
Case T-56/13: Order of the General Court of 8 July 2013 — ClientEarth and Stichting BirdLife Europe v European Commission (Access to documents of the institutions — Document held by the Commission concerning European Union energy policy — Implied refusal of access — Express decision adopted after the action was brought — No need to adjudicate)
Date: 2013-07-08
Institutions: General Court
Subjects: access to EU information, bioenergy, energy policy








C_2013298EN.01000603.xml










12.10.2013   


EN


Official Journal of the European Union


C 298/6





Order of the General Court of 8 July 2013 — ClientEarth and Stichting BirdLife Europe v European Commission
(Case T-56/13) (1)

(Access to documents of the institutions - Document held by the Commission concerning European Union energy policy - Implied refusal of access - Express decision adopted after the action was brought - No need to adjudicate)
2013/C 298/10
Language of the case: English

Parties


Applicants: ClientEarth (London, United Kingdom); and Stichting BirdLife Europe (Zeist, Netherlands) (represented by: O. Brouwer, lawyer)

Defendant: European Commission (represented by: F. Clotuche-Duvieusart, acting as Agent)

Re:

Application for the annulment of the Commission’s implied decision to refuse the applicants access to a document concerning European Union energy policy.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The European Commission shall bear its own costs and pay those incurred by ClientEarth and Stitching BirdLife Europe.






(1)  OJ C 101, 6.4.2013.
Case C-387/13: Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven (Netherlands) lodged on 8 July 2013 — VAEX Varkens- en Veehandel BV v Productschap Vee en Vlees
Date: 2013-07-08
Institutions: Court of Justice
Subjects: Netherlands, agricultural product, export licence, export refund, import licence, interpretation of the law, meat product








C_2013274EN.01000902.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/9





Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven (Netherlands) lodged on 8 July 2013 — VAEX Varkens- en Veehandel BV v Productschap Vee en Vlees
(Case C-387/13)
2013/C 274/16
Language of the case: Dutch

Referring court

College van Beroep voor het Bedrijfsleven

Parties to the main proceedings


Appellant: VAEX Varkens- en Veehandel BV

Respondent: Productschap Vee en Vlees

Questions referred







1.


Does the European legislative framework applicable here [ (1)
 (2)
 (3)
 (4)] preclude, in a case such as the present [period of validity of an export licence]:






(a)


payment of the refund applied for;










(b)


release of the security lodged in connection with the licence application?














2.


If one or both questions is/are answered in the affirmative, does that same framework then preclude ex post facto regularisation, in such a way that the exported quantity can still be entered on the licence and, on that basis, the refund still paid and/or, as the case may be, the security lodged still released?










3.


If Question 2 is also answered in the affirmative: is that same framework then invalid in so far as it contains no provision for payment of a refund and/or, as the case may be, release of the security lodged to be granted in a case such as the present, in which use was made of a licence one day too early?






(1)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ 2007 L 299, p. 1).

(2)  Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (Codified version) (OJ 2008 L 114, p. 3).

(3)  Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (Recast) (OJ 2008 L 115, p. 10).

(4)  Commission Regulation (EC) No 612/2009 of 7 July 2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products (Recast) (OJ 2009 L 186, p. 1).
Case F-67/13: Action brought on 8 July2013 — ZZ v Europol
Date: 2013-07-08
Institutions: Civil Service Tribunal
Subjects: severance pay, temporary employment, unfair dismissal








C_2013274EN.01003101.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/31





Action brought on 8 July2013 — ZZ v Europol
(Case F-67/13)
2013/C 274/50
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 decisions taken by the defendant on 26 September and 7 December 2012 by which the defendant informed the applicant that it would not renew her fixed term contract which was to expire on 31 March 2013 and the decision rejecting the applicant’s complaint of 9 April 2013;










—


order the defendant to pay the applicant the difference between the amount of remuneration that she would have been entitled if she had remained in her post with the defendant and the amount of remuneration, fees, unemployment benefits or any other substituted payment which she has actually received since 1 April 2013 to replace the remuneration which she received as a temporary staff member;










—


order Europol to pay the costs.
Decision of the EEA Joint Committee No 133/2013 of 8 July 2013 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2013-07-08
Institutions: EEA Joint Committee
Subjects: European Economic Area, general budget (EU), protocol to an agreement, revision of an agreement, single market




L_2013345EN.01000101.xml










19.12.2013   


EN


Official Journal of the European Union


L 345/1








            DECISION OF THE EEA JOINT COMMITTEE
         
No 133/2013
of 8 July 2013
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the General Budget of the Union regarding the implementation, operation and development of the Internal Market.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2012,





HAS ADOPTED THIS DECISION:



Article 1
Article 7 of Protocol 31 to the EEA Agreement shall be amended as follows:






(1)


the words ‘years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011 and 2012’ in paragraph 6 shall be replaced by the words ‘years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013’;










(2)


the words ‘years 2006, 2007, 2008, 2009, 2010, 2011 and 2012’ in paragraph 7 shall be replaced by the words ‘years 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013’;










(3)


the words ‘years 2008, 2009, 2010, 2011 and 2012’ in paragraph 8 shall be replaced by the words ‘years 2008, 2009, 2010, 2011, 2012 and 2013’.






Article 2
This Decision shall enter into force on 9 July 2013, or on the day following the last notification under Article 103(1) of the EEA Agreement (*1), whichever is the later.
It shall apply from 1 January 2013.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 8 July 2013.


For the EEA Joint Committee


The President

Thórir IBSEN
            





(*1)  No constitutional requirements indicated.
Case T-414/11: Order of the General Court of 8 July 2013 — Nutrichem Diät + Pharma v OHIM — Gervais Danone (Active) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2013-07-08
Institutions: General Court
Subjects: EU trade mark, food production, registered trade mark, trade-mark law








C_2013260EN.01004102.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/41





Order of the General Court of 8 July 2013 — Nutrichem Diät + Pharma v OHIM — Gervais Danone (Active)
(Case T-414/11) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
2013/C 260/73
Language of the case: German

Parties


Applicant: Nutrichem Diät + Pharma GmbH (Roth, Germany) (represented by: D. Jochim and R. Egerer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by K. Klüpfel and subsequently by D. Walicka, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Compagnie Gervais Danone (Levallois Perret, France) (represented by: M. de Justo Bailey, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 May 2011 (Case R 683/2010-1), concerning opposition proceedings between Nutrichem Diät + Pharma GmbH and Compagnie Gervais Danone.

Operative part of the order







1.


There is no further need to adjudicate on the action.










2.


The applicant and the intervener are ordered to bear their own costs and each pay half the costs of the defendant.






(1)  OJ C 298, 8.10.2011.