do-me/EUR-LEX huggingface dataset:
Case T-358/08: Judgment of the General Court of 11 July 2013 — Spain v Commission (Cohesion Fund — Regulation (EC) No 1164/94 — Project for the drainage of Saragossa — Partial cancellation of financial assistance — Public procurement — Concept of work — Article 14(10) and (13) of Directive 93/38/EEC — Splitting of contracts — Legitimate expectations — Obligation to state reasons — Time-limit for the adoption of a decision — Determination of financial corrections — Article H(2) of Annex II to Regulation No 1164/94 — Proportionality — Limitation)
Date: 2013-07-11
Institutions: General Court
Subjects: Aragon, Cohesion Fund, Spain, decontamination, principle of proportionality, suspension of aid, works contract








C_2013252EN.01002901.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/29





Judgment of the General Court of 11 July 2013 — Spain v Commission
(Case T-358/08) (1)

(Cohesion Fund - Regulation (EC) No 1164/94 - Project for the drainage of Saragossa - Partial cancellation of financial assistance - Public procurement - Concept of work - Article 14(10) and (13) of Directive 93/38/EEC - Splitting of contracts - Legitimate expectations - Obligation to state reasons - Time-limit for the adoption of a decision - Determination of financial corrections - Article H(2) of Annex II to Regulation No 1164/94 - Proportionality - Limitation)
2013/C 252/45
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: initially J. Rodríguez Cárcamo and subsequently A. Rubio González, lawyers)

Defendant: European Commission (represented by: G. Valero Jordana and A. Steiblytė, acting as Agents)

Re:

Application for annulment of Commission Decision C(2008) 3249 of 25 June 2008 concerning the reduction of the assistance granted under the Cohesion Fund to the Kingdom of Spain in respect of Project No 96/11/61/018 — ‘Saneamiento de Zaragoza’ by Commission Decision C(96) 2095 of 26 July 1996

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 272, 25.10.2008.
Joined Cases T-104/07 and T-339/08: Judgment of the General Court of 11 July 2013 — BVGD v Commission (Competition — Agreements and abuse of a dominant position — Rough diamond market — ‘Supplier of Choice’ (SOC) system of distribution — Decision rejecting a complaint — No Community interest — Legal basis — Procedural rights of a complainant — Access to documents — Obligations in relation to the investigation of a complaint — Market foreclosure effects — Manifest error of assessment)
Date: 2013-07-11
Institutions: General Court
Subjects: distributive trades, dominant position, precious stones








C_2013252EN.01002701.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/27





Judgment of the General Court of 11 July 2013 — BVGD v Commission
(Joined Cases T-104/07 and T-339/08) (1)

(Competition - Agreements and abuse of a dominant position - Rough diamond market - ‘Supplier of Choice’ (SOC) system of distribution - Decision rejecting a complaint - No Community interest - Legal basis - Procedural rights of a complainant - Access to documents - Obligations in relation to the investigation of a complaint - Market foreclosure effects - Manifest error of assessment)
2013/C 252/41
Language of the case: English

Parties


Applicant: Belgische Vereniging van handelaars in- en uitvoerders geslepen diamant (BVGD) (Antwerp, Belgium) (represented: initially by L. Levi and C. Ronzi and, in Case T-104/07, by G. Vandersanden, and subsequently by L. Levi and M. Vandenbussche, lawyers)

Defendant: European Commission (represented: initially by F. Castillo de la Torre, R. Sauer and J. Bourke, and subsequently by F. Castillo de la Torre and R. Sauer, Agents, and, in Case T-104/07, initially by S. Drakakakis, lawyer, and by T. Soames, Solicitor, and subsequently by T. Soames, and, in Case T-339/08, by T. Soames)

Interveners in support of the defendant: De Beers (Luxembourg, Luxembourg); and De Beers UK Ltd, formerly The Diamond Trading Co. Ltd (London, United Kingdom) (represented: initially by W. Allan and S. Horwitz, Solicitors, and subsequently by W. Allan, J. Ysewyn, lawyer, and N. Gràcia Malfeito, Solicitor, and lastly by N. Gràcia Malfeito, B. van de Walle de Ghelcke, J. Marchandise, lawyers, and P. Riedel, Solicitor)

Re:

Applications for the annulment of the Commission’s Decisions of 26 January 2007 (Case COMP/39.221/B-2 — BVGD/De Beers) and of 5 June 2008 (Case COMP/39.221/E-2 — De Beers/DTC Supplier of Choice) rejecting the applicant’s complaint against the interveners alleging infringement of Articles 81 EC and 82 EC in the rough diamond market through their use of distribution agreements known as ‘Supplier of Choice’ (SOC) arrangements.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Belgische Vereniging van handelaars in- en uitvoerders geslepen diamant (BVGD) to bear its own costs and to pay those incurred by the European Commission;










3.


Orders De Beers and De Beers UK Ltd to bear their own costs.






(1)  OJ C 129, 9.6.2007.
Joined Cases T-108/07 and T-354/08: Judgment of the General Court of 11 July 2013 — Spira v Commission (Competition — Agreements and abuse of a dominant position — Rough diamond market — ‘Supplier of Choice’ (SOC) system of distribution — Decision rejecting a complaint — No Community interest — Procedural rights of a complainant — Access to documents — Obligations in relation to the investigation of a complaint — Market foreclosure effects — Manifest error of assessment)
Date: 2013-07-11
Institutions: General Court
Subjects: distributive trades, dominant position, free competition, precious stones








C_2013252EN.01002702.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/27





Judgment of the General Court of 11 July 2013 — Spira v Commission
(Joined Cases T-108/07 and T-354/08) (1)

(Competition - Agreements and abuse of a dominant position - Rough diamond market - ‘Supplier of Choice’ (SOC) system of distribution - Decision rejecting a complaint - No Community interest - Procedural rights of a complainant - Access to documents - Obligations in relation to the investigation of a complaint - Market foreclosure effects - Manifest error of assessment)
2013/C 252/42
Language of the case: English

Parties


Applicant: Diamanthandel A. Spira BVBA (Antwerp, Belgium) (represented by: Y. van Gerven, F. Louis, A. Vallery and J. Bourgeois, lawyers)

Defendant: European Commission (represented: initially by F. Castillo de la Torre, R. Sauer and J. Bourke, and subsequently by F. Castillo de la Torre and R. Sauer, Agents, and, in Case T-108/07, initially by S. Drakakakis, lawyer, and T. Soames, Solicitor, and subsequently by T. Soames and, in Case T-354/08, by T. Soames)

Interveners in support of the defendant: De Beers (Luxembourg, Luxembourg); and De Beers UK Ltd, formerly The Diamond Trading Co. Ltd (London, United Kingdom) (represented: initially by W. Allan and S. Horwitz, Solicitors, and J. Ysewyn, lawyer, and subsequently by W. Allan, J. Ysewyn and N. Gràcia Malfeito, Solicitor, and lastly by N. Gràcia Malfeito, B. van de Walle de Ghelcke, J. Marchandise, lawyers, and P. Riedel, Solicitor)

Re:

Applications for the annulment of the Commission’s Decisions of 26 January 2007 (Case COMP/38.826/B-2 — Spira/De Beers/DTC Supplier of Choice) and of 5 June 2008 (Case COMP/38.826/E-2 — De Beers/DTC Supplier of Choice) rejecting the applicant’s complaint against the interveners alleging infringement of Articles 81 EC and 82 EC in the rough diamond market through their use of distribution agreements known as ‘Supplier of Choice’ (SOC) arrangements.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Diamanthandel A. Spira BVBA to bear its own costs and to pay those incurred by the European Commission;










3.


Orders De Beers and De Beers UK Ltd to bear their own costs.






(1)  OJ C 129, 9.6.2007.
Case C-576/10: Judgment of the Court (Second Chamber) of 11 July 2013 — European Commission v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Scope ratione temporis — Public works concession — Sale of land by a public body — Construction project established by that body for the redevelopment of public spaces)
Date: 2013-07-11
Institutions: Court of Justice
Subjects: Netherlands, administrative transparency, award of contract, infringement of EU law, public institution, public works, sale, works contract








C_2013252EN.01000502.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/5





Judgment of the Court (Second Chamber) of 11 July 2013 — European Commission v Kingdom of the Netherlands
(Case C-576/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/18/EC - Scope ratione temporis - Public works concession - Sale of land by a public body - Construction project established by that body for the redevelopment of public spaces)
2013/C 252/07
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: M. van Beek, A. Tokár and C. Zadra, Agents)

Defendant: Kingdom of the Netherlands (represented by: C. Wissels and J. Langer, Agents)

Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze, J. Möller, and A. Wiedmann, Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Article 2 and Title III of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) — Public works concession — Rules — Municipality of Eindhoven

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs;










3.


Orders the Federal Republic of Germany to bear its own costs.






(1)  OJ C 55, 19.2.2011.
Corrigendum to Commission Regulation (EU) No 513/2013 of 4 June 2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China and amending Regulation (EU) No 182/2013 making these imports originating in or consigned from the People’s Republic of China subject to registration ( OJ L 152, 5.6.2013 )
Date: 2013-07-11
Institutions: European Commission
Subjects: China, anti-dumping duty, import (EU), originating product, semi-metal, solar collector








L_2013190EN.01010201.xml










11.7.2013   


EN


Official Journal of the European Union


L 190/102







Corrigendum to Commission Regulation (EU) No 513/2013 of 4 June 2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China and amending Regulation (EU) No 182/2013 making these imports originating in or consigned from the People’s Republic of China subject to registration
(
Official Journal of the European Union L 152 of 5 June 2013
)

On page 43, in the Annex:
for:

               ‘ChuangZhou EGing Photovoltaic Technology Co. Ltd’,
read:

               ‘Changzhou EGing Photovoltaic Technology Co. Ltd’;
on page 45, in the Annex:
for:

               ‘Nanjing Dago New Energy Co. Ltd’,
read:

               ‘Nanjing Daqo New Energy Co. Ltd’.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2013-07-11
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, aid to undertakings, care of people with disabilities, common market, control of State aid, large business, small and medium-sized enterprises








C_2013199EN.01001001.xml










11.7.2013   


EN


Official Journal of the European Union


C 199/10





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2013/C 199/07
PART I








Aid No


GBER 6/13/EMP




EFTA State


Norway




Granting authority


Name


The Norwegian Labour and Welfare Administration




Address







PO Box 5




0130 Oslo




NORWAY








Web page


http://www.nav.no




Title of the aid measure


Tilskudd til opprettelse av nye tiltaksplasser
(Grant to cover the cost of constructing, installing or expanding the establishment of sheltered employment)




National legal basis (Reference to the relevant national official publication)


Forskrift 11. desember 2008 nr. 1320 om arbeidsrettede tiltak mv.
(Reg. No 1320/2008)




Weblink to the full text of the aid measure


http://www.lovdata.no/for/sf/ad/xd-20081211-1320.html#map016




Type of measure


Scheme


X




Duration


Scheme


Permanent scheme




Economic sector(s) concerned


All economic sectors eligible to receive aid


X




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


Approx. NOK 5 million




Aid instrument (Article 5)


Grant


X




PART II








General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME — bonuses in %




Aid for disadvantaged and disabled workers
(Articles 40-42)


Aid for the recruitment of disadvantaged workers in the form of wage subsidies
(Article 40)


Wage subsidies up to 50 %, for up to one year


 




 


Aid for the employment of disabled workers in the form of wage subsidies
(Article 41)


Wage subsidies up to 60 %, for up to 3 years
Case T-142/12: Judgment of the General Court of 11 July 2013 — Aventis Pharmaceuticals, Inc. v OHIM — Fasel (CULTRA) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark CULTRA — Earlier national word marks SCULPTRA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-07-11
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013252EN.01002903.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/29





Judgment of the General Court of 11 July 2013 — Aventis Pharmaceuticals, Inc. v OHIM — Fasel (CULTRA)
(Case T-142/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative trade mark CULTRA - Earlier national word marks SCULPTRA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 252/47
Language of the case: English

Parties


Applicant: Aventis Pharmaceuticals, Inc. (Bridgewater, United States) (represented by: R. Gilbey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: F. Mattina, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Fasel Srl (Bologna, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2012 (Case R 2478/2010-1) relating to opposition proceedings between Aventis Pharmaceuticals, Inc. and Fasel Srl.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 January 2012 (Case R 2478/2010-1).










2.


Dismisses the remainder of the action.










3.


Orders OHIM to pay its own costs and those of Aventis Pharmaceuticals, Inc., for the purposes of the proceedings before the General Court and of those before the Board of Appeal.






(1)  OJ C 165, 9.6.2012.
Case C-439/11 P: Judgment of the Court (Third Chamber) of 11 July 2013 — Ziegler SA v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Guidelines on the effect on trade between Member States — Legal status — Requirement to define the relevant market — Scope — Right to fair legal process — Principle of good administration — Objective impartiality on the part of the Commission — Guidelines on the method of setting fines (2006) — Proportion of the value of sales — Obligation to state reasons — Fine reduced on grounds of inability to pay or the special circumstances of the case — Equal treatment)
Date: 2013-07-11
Institutions: Court of Justice
Subjects: Belgium, administrative transparency, cartel, equal treatment, fine, marketing, universal service








C_2013252EN.01000802.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/8





Judgment of the Court (Third Chamber) of 11 July 2013 — Ziegler SA v European Commission
(Case C-439/11 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - International removal services market in Belgium - Guidelines on the effect on trade between Member States - Legal status - Requirement to define the relevant market - Scope - Right to fair legal process - Principle of good administration - Objective impartiality on the part of the Commission - Guidelines on the method of setting fines (2006) - Proportion of the value of sales - Obligation to state reasons - Fine reduced on grounds of inability to pay or the special circumstances of the case - Equal treatment)
2013/C 252/12
Language of the case: French

Parties


Appellant: Ziegler SA (represented by: J.-F. Bellis, M. Favart and A. Bailleux, avocats)

Other parties to the proceedings: European Commission (represented by: A. Bouquet and N. von Lingen, Agents)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 16 June 2011 in Case T-199/08 Ziegler v Commission, by which that court dismissed the action for annulment of Commission Decision C(2008) 926 final of 11 March 2008, relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 — International removal services) — Competition — Agreements, decisions and concerted practices — Errors in law — Appreciable effect on trade between Member States — Fine — Infringement of the right to fair legal process and the principle of equality and non-discrimination

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Ziegler SA to pay the costs.






(1)  OJ C 347, 26.11.2011.
Publication pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions — Bank of Credit and Commerce International SA (BCCI SA) in compulsory liquidation — RCS Luxembourg No B 10370 and BCCI Holdings (Luxembourg) SA (BCCI Holdings) in compulsory liquidation — RCS Luxembourg No B 12610 — Both sociétés anonymes of Luxembourg law with registered office: 2, rue de la Chapelle, 1325 Luxembourg & PO Box 320, 2013 Luxembourg — Notice of closure
Date: 2013-07-11
Institutions: European Commission
Subjects: Luxembourg, bankruptcy, credit, credit institution, economic reconstruction, financial intervention








C_2013210EN.01000701.xml










24.7.2013   


EN


Official Journal of the European Union


C 210/7





Publication pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Bank of Credit and Commerce International SA (BCCI SA) in compulsory liquidation — RCS Luxembourg No B 10370
and
BCCI Holdings (Luxembourg) SA (BCCI Holdings) in compulsory liquidation — RCS Luxembourg No B 12610
Both sociétés anonymes of Luxembourg law with registered office: 2, rue de la Chapelle, 1325 Luxembourg & PO Box 320, 2013 Luxembourg
NOTICE OF CLOSURE
2013/C 210/06
By judgment of this 5th of July 2013 the District Court of and in Luxembourg, Commercial Section, has ordered the closure of the liquidation of BCCI SA and BCCI Holdings after verification that all the available assets have been distributed to the beneficiaries. Release was granted to the liquidator for the liquidation operations up to the 21st of May 2013. For those of the beneficiaries whose available data did not permit the liquidator to remit to them the liquidation dividends or part of these, the assets corresponding to the undistributed dividends have been remitted, for their account, to the Caisse de Consignation in Luxembourg, 3, rue de St Esprit, 1475 Luxembourg, — e-mail: BCCI@ts.etat.lu — tel. +352 24782777 — fax +352 467262 — where these funds will be held at their disposal during the legal retention period.
Creditors of the UAE branches of BCCI SA and BCCI Holdings who did not receive remittance of their liquidation dividends or part of these can also contact the Central Bank PO Box 2255, Abu Dhabi, United Arab Emirates — tel. +971 26663204 / +971 26915855 — fax +971 26667327 — e-mail: LiqUAE@cbuae.gov.ae
The books and files will be kept and will remain stored for the legal retention period of five years respectively six years at the following addresses:






(a)


for the Luxembourg liquidations and the small branches in various jurisdictions: Team relocations SA registered in Luxembourg RCS B0024402, 112, rue de Kiem, 8030 Strassen;.










(b)


for the liquidation of the UAE branches: Central Bank PO Box 2255, Abu Dhabi, United Arab Emirates;.










(c)


for the liquidation of the United Kingdom branches: Iron Mountain UK, Norman Road, Pickardy Manor Way, Belvedere, Kent, DA17 6JY, United Kingdom.




Luxembourg, the 11th of July 2013.
The Liquidator: Jacques DELVAUX
Case F-22/13: Action brought on 11th July 2013 — ZZ v Commission
Date: 2013-07-11
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, admission to examinations








C_2013291EN.01000701.xml










5.10.2013   


EN


Official Journal of the European Union


C 291/7





Action brought on 11th July 2013 — ZZ v Commission
(Case F-22/13)
2013/C 291/07
Language of the case: English

Parties


Applicant: ZZ (represented by: M. Pecyna, lawyer)

Defendant: Commission

Subject-matter and description of the proceedings

The annulment of the decision refusing the recruitment of the Applicant considering that he does not fulfill the eligibility criteria set in the EPSO/AD/207/11 competition notice.

Form of order sought







—


Annul the decision of the Unit B.2 in Directorate — General Human Resources and Security of the European Commission dated 26 September 2012 which refused his recruitment at the Commission (ESTAT) from the reserve list of competition EPSO/AD/207/11 and adding a comment in the reserve list of that competition informing the Commission's departments that the applicant did not meet the conditions of eligibility for that competition;










—


if necessary, annul the decision of the Director of DG HR.D.2 of the European Commission rejecting the complaint lodged by ZZ (No. Rl696/12) dated 25 February 2013;










—


order the Commission to pay the costs.