do-me/EUR-LEX huggingface dataset:
Case C-426/11: Judgment of the Court (Third Chamber) of 18 July 2013 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Mark Alemo-Herron and Others v Parkwood Leisure Ltd (Transfer of undertakings — Directive 2001/23/EC — Safeguarding of employees’ rights — Collective agreement applicable to the transferor and to the employee at the time of the transfer)
Date: 2013-07-18
Institutions: Court of Justice
Subjects: collective agreement, labour law, transfer of businesses, workplace








C_2013260EN.01000602.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/6





Judgment of the Court (Third Chamber) of 18 July 2013 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Mark Alemo-Herron and Others v Parkwood Leisure Ltd
(Case C-426/11) (1)

(Transfer of undertakings - Directive 2001/23/EC - Safeguarding of employees’ rights - Collective agreement applicable to the transferor and to the employee at the time of the transfer)
2013/C 260/10
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings


Applicants: Mark Alemo-Herron, Sandra Tipping, Christopher Anderson, Stacey Aris, Audrey Beckford, Lee Bennett, Delroy Carby, Vishnu Chetty, Deborah Cimitan, Victoria Clifton, Claudette Cummings, David Curtis, Stephen Flin, Patience Ijelekhai, Rosemarie Lee, Roxanne Lee, Vivian Ling, Michelle Nicholas, Lansdail Nugent, Anne O’Connor, Shirley Page, Alan Peel, Mathew Pennington, Laura Steward

Defendant: Parkwood Leisure Ltd

Re:

Request for a preliminary ruling — Supreme Court of the United Kingdom — Alemo-Herron and Others v Parkwood Leisure Ltd — Interpretation of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings businesses (OJ 2001 L 82, p. 16) in the light of the judgment of the Court of Justice of 12 March 2001 in Case C-499/04 Werhof v Freeway Traffic Systems — Extent of the transferee's obligations to comply with conditions relating to salaries under a collective agreement applicable to the transferor and the employee at the time of the transfer

Operative part of the judgment

Article 3 of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, must be interpreted as precluding a Member State from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer are enforceable against the transferee, where that transferee does not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.


(1)  OJ C 311, 22.10.2011.
Case T-376/13: Action brought on 18 July 2013 — Versorgungswerk der Zahnärztekammer Schleswig Holstein v ECB
Date: 2013-07-18
Institutions: General Court
Subjects: access to EU information, legal basis, principle of proportionality








C_2013260EN.01004802.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/48





Action brought on 18 July 2013 — Versorgungswerk der Zahnärztekammer Schleswig Holstein v ECB
(Case T-376/13)
2013/C 260/86
Language of the case: German

Parties


Applicant: Versorgungswerk der Zahnärztekammer Schleswig Holstein (Kiel, Germany) (represented by: O. Hoepner, lawyer)

Defendant: European Central Bank

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s decision of 16 April 2013 in the version of the decision of 22 May 2013 (LS/MD/13/313) in so far as the request for access to Annexes A and B to the ‘Exchange Agreement dated 15. February 2012 among the Hellenic Republic and the European Central Bank and the Eurosystem NBCs listed herein’ was not granted;










—


order the defendant to pay the costs;





Pleas in law and main arguments

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






1.


First plea in law, alleging that the basis of the Decision is illegal
The applicant claims that, by its Decision ECB/2011/6, (1) the ECB materially extended the scope of the refusal grounds set out in Article 4(1)(a) of Decision ECB/2004/3 (2) without sufficient authorisation.










2.


Second plea in law, alleging breach of essential procedural requirements
In this plea, the applicant claims that the contested decision infringes essential procedural requirements. In that connection, the applicant states that, in the light of Article 41(2)(c) of the Charter of Fundamental Rights of the European Union, the requirements of the obligation to state reasons laid down in Article 296(2) TFEU are set high and that the recitals in the preamble to the contested decision of the defendant do not satisfy the requirements laid down by the European Court of Justice.










3.


Third plea in law, alleging breach of substantive law
In this plea, the applicant alleges breach of substantive law, since, as a result of its inadequate statement of reasons, the contested decision infringes the applicant’s right to access to documents pursuant to Article 42 of the Charter of Fundamental Rights of the European Union and Article 15(3) TFEU. Moreover, the refusal of access is disproportionate.






(1)  2011/342/EU: Decision of the European Central Bank of 9 May 2011 amending Decision ECB/2004/3 on public access to European Central Bank documents (ECB/2011/6) (OJ 2011 L 158, p. 37).

(2)  2004/258/EC: Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) (OJ 2004 L 80, p. 42).
Reserve list — Open competition — EPSO/AST/121/12 — Conference Technicians (AST 3)
Date: 2013-07-18
Institutions: European Personnel Selection Office
Subjects: EPSO, assistant, competition (EU), technical profession








CA2013204EN.01000201.xml










18.7.2013   


EN


Official Journal of the European Union


CA 204/2





RESERVE LIST (1)

OPEN COMPETITION
EPSO/AST/121/12
CONFERENCE TECHNICIANS (AST 3)
(2013/C 204 A/02)






AUTIN


Arnaud




BOTTARO


Mauro




BOGHE


Peter




COLAS


Charles




CONIAC


Catalin-Mihai




COPPENS


Johan




DE CASTRO


Sonia




DELRONCHE


Etienne




DELSO LUCAS


Patricia Maria




D'HELFT


Jeroen




DIONIS MARTI


Pascual




FILIPIC


Maksimiljan




GANGOLF


Boris




GEVERS


Olivier




KAUCKY


Pavel




MURRAY


Paul




MUSIC


Emir




OVAERT


Jean Philippe




PIERARD


Vincent




SAIDI


Zoheir




SANCHEZ RODRIGUEZ


Jose Maria




VALLDEORIOLA


Sandra




VAN DE VELDE


Maarten




WALTHER


Bernard




The reserve list will be valid until 7 June 2016.


(1)  A successful candidate may explicitly request her/his name not be published.
State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the TFEU where the Member State concerned has accepted those measures  Text with EEA relevance
Date: 2013-07-18
Institutions: European Commission
Subjects: Netherlands, State aid, control of State aid, public sector, tax exemption








C_2013204EN.01001101.xml










18.7.2013   


EN


Official Journal of the European Union


C 204/11





State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the TFEU where the Member State concerned has accepted those measures
(Text with EEA relevance)
2013/C 204/05







Date of adoption of the decision


2.5.2013




Aid number


SA.25338 (E3/08)




Member State


Netherlands




Region


—


—




Title (and/or name of the beneficiary)


Corporate tax exemption of Dutch public enterprises




Legal basis


Art. 2 Wet op de Vennootschapsbelasting 1969 — Wet Vpb




Type of measure


Scheme


—




Objective


—




Form of aid


Other form of tax advantage




Budget


—




Intensity


Measure constitutes existing aid




Duration (period)


—




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority


—




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Corrigendum to Commission Implementing Regulation (EU) No 335/2013 of 12 April 2013 amending Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) ( OJ L 105, 13.4.2013 )
Date: 2013-07-18
Institutions: European Commission
Subjects: EAFRD, aid recipient, development policy, distribution of EU funding, rural development




L_2013195EN.01003001.xml










18.7.2013   


EN


Official Journal of the European Union


L 195/30







Corrigendum to Commission Implementing Regulation (EU) No 335/2013 of 12 April 2013 amending Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
(
Official Journal of the European Union L 105 of 13 April 2013
)

On page 3, in Article 1(9), as regards Article 41b(4) of Regulation (EC) No 1974/2006:
for:


‘4.   Paragraph 2 shall not apply to LEADER preparatory support and technical assistance.’,


read:


‘4.   Paragraph 2 shall not apply to LEADER preparatory support or to technical assistance.’.
Reserve list — Open competition — EPSO/AD/234/12 (grade AD 7) — Conference interpreters for Croatian (HR)
Date: 2013-07-18
Institutions: European Personnel Selection Office
Subjects: Croatia, EPSO, administrator, competition (EU), information profession








CA2013204EN.01000101.xml










18.7.2013   


EN


Official Journal of the European Union


CA 204/1





RESERVE LIST (1)

OPEN COMPETITION
EPSO/AD/234/12 (GRADE AD 7)
CONFERENCE INTERPRETERS FOR CROATIAN (HR)
(2013/C 204 A/01)






BRODNJAK


Mirko




KACIC


Ana




MONTANI


Andreja




NGUYEN


Minh-San, Sacha




The reserve list will be valid until 12 June 2016.


(1)  A successful candidate may explicitly request her/his name not be published.
Case C-515/11: Judgment of the Court (Second Chamber) of 18 July 2013 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Deutsche Umwelthilfe eV v Bundesrepublik Deutschland (Public access to environmental information — Directive 2003/4/EC — Power of the Member States to exclude bodies acting in a legislative capacity from the definition of ‘public authority’ under that directive — Limits)
Date: 2013-07-18
Institutions: Court of Justice
Subjects: access to EU information, environmental impact, environmental law








C_2013260EN.01000801.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/8





Judgment of the Court (Second Chamber) of 18 July 2013 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Deutsche Umwelthilfe eV v Bundesrepublik Deutschland
(Case C-515/11) (1)

(Public access to environmental information - Directive 2003/4/EC - Power of the Member States to exclude bodies acting in a legislative capacity from the definition of ‘public authority’ under that directive - Limits)
2013/C 260/13
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Deutsche Umwelthilfe eV

Defendant: Bundesrepublik Deutschland

Re:

Request for a preliminary ruling — Verwaltungsgericht Berlin — Interpretation of Article 2(2) of Directive 2003/4/EC of the Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ 2003 L 41, p. 26) — Obligation of public authorities to make available environmental information held by them to any applicant — National legislation exempting the supreme federal authorities from the obligation to provide information where they act in the context of the legislative process — Limits of the power of the Member States to exclude bodies acting in a legislative capacity from the definition of ‘public authority’ under Directive 2003/4/EC

Operative part of the judgment

The first sentence of the second subparagraph of Article 2(2) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC must be interpreted as meaning that the option given to Member States by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they hold, may not be applied to ministries when they prepare and adopt normative regulations which are of a lower rank than a law.


(1)  OJ C 32, 4.2.2012.
Case C-313/11: Judgment of the Court (Fifth Chamber) of 18 July 2013 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Regulation (EC) No 1829/2003 — Animal feed — Genetically modified feed — Production, placing on the market or use — National prohibition not yet in force)
Date: 2013-07-18
Institutions: Court of Justice
Subjects: animal nutrition, genetically modified organism, health policy, human nutrition, market approval, marketing standard, national implementing measure








C_2013260EN.01000502.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/5





Judgment of the Court (Fifth Chamber) of 18 July 2013 — European Commission v Republic of Poland
(Case C-313/11) (1)

(Failure of a Member State to fulfil obligations - Regulation (EC) No 1829/2003 - Animal feed - Genetically modified feed - Production, placing on the market or use - National prohibition not yet in force)
2013/C 260/08
Language of the case: Polish

Parties


Applicant: European Commission (represented by: D. Bianchi and A. Szmytkowska, acting as Agents)

Defendant: Republic of Poland (represented by: M. Szpunar, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 16(5), 19, 20 and 34 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ 2003 L 268, p. 1) — National legislation prohibiting any production, placing on the market or use of genetically modified feed

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 252, 27.8.2011.
Case C-499/11 P: Judgment of the Court (First Chamber) of 18 July 2013 — The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH v European Commission (Appeal — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Fixing price targets, sharing clients through non-aggression agreements and exchanging commercial information — Imputability of the offending conduct — Discretion enjoyed by the Commission — Multiplier for deterrence — Equal treatment)
Date: 2013-07-18
Institutions: Court of Justice
Subjects: dominant position, equal treatment, fine, non-competition clause, price agreement








C_2013260EN.01000701.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/7





Judgment of the Court (First Chamber) of 18 July 2013 — The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH v European Commission
(Case C-499/11 P) (1)

(Appeal - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Fixing price targets, sharing clients through non-aggression agreements and exchanging commercial information - Imputability of the offending conduct - Discretion enjoyed by the Commission - Multiplier for deterrence - Equal treatment)
2013/C 260/11
Language of the case: English

Parties


Appellants: The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH, Dow Europe GmbH (represented by: D. Schroeder and T. Kuhn, Rechtsanwälte, and by T. Graf, advokat)

Other party to the proceedings: European Commission (represented by: M. Kellerbauer and V. Bottka, acting as Agents)

Re:

Appeal against the judgment in Case T-42/07 Dow Chemical and Others v Commission, by which the General Court (First Chamber) dismissed in part the action for partial annulment of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber), concerning an agreement on the fixing of price targets, the sharing of clients through non-aggression agreements and the exchange of commercial information, and for reduction of the fine imposed on the appellants

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders The Dow Chemical Company, Dow Deutschland Inc., Dow Deutschland Anlagengesellschaft mbH and Dow Europe GmbH to bear their own costs and to pay those incurred by the European Commission.






(1)  OJ C 252, 27.8.2011.