do-me/EUR-LEX huggingface dataset:
Case F-46/12: Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Höpcke v Commission (Civil Service — Open competition — Competition notice EPSO/AST/111/10 — Non-inclusion in the reserve list — Instruction to draft a text of a minimum length — Failure to comply)
Date: 2013-09-16
Institutions: Civil Service Tribunal
Subjects: EPSO, administrative formalities, competition (EU), recruitment








C_2014071EN.01003202.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/32






Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Höpcke v Commission
(Case F-46/12) (1)

(Civil Service - Open competition - Competition notice EPSO/AST/111/10 - Non-inclusion in the reserve list - Instruction to draft a text of a minimum length - Failure to comply)
(2014/C 71/61)
Language of the case: French

Parties


Applicant: Dagmar Höpcke (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission (represented by: B. Eggers and G. Gattinara, acting as Agents)

Re:

Application to annul the decision of the selection board of competition EPSO/AST/111/10 not to include the name of the applicant in the list of successful candidates for that competition.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Höpcke to bear her own costs and to pay those incurred by the European Commission.






(1)  OJ C 184, 23.6.2012, p. 25.
Case T-375/10: Judgment of the General Court of 16 September 2013 — Hansa Metallwerke and Others v Commission (Competition — Agreements, decisions and concerted parties — Bathroom fittings and fixtures markets in Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Cooperation during the administration procedure — 2002 Leniency Notice — Reduction of the fine — 2006 Guidelines on the method of setting fines — Non-retroactivity)
Date: 2013-09-16
Institutions: General Court
Subjects: exchange of information, fine, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01002501.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/25





Judgment of the General Court of 16 September 2013 — Hansa Metallwerke and Others v Commission
(Case T-375/10) (1)

(Competition - Agreements, decisions and concerted parties - Bathroom fittings and fixtures markets in Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Cooperation during the administration procedure - 2002 Leniency Notice - Reduction of the fine - 2006 Guidelines on the method of setting fines - Non-retroactivity)
2013/C 325/41
Language of the case: German

Parties


Applicants: Hansa Metallwerke and Others (Stuttgart, Germany); (Hansa Nederland BV (Nijkerk, Netherlands); Hansa Italiana Srl (Castelnuovo del Garda, Italy); Hansa Belgium (Asse, Belgium); and Hansa Austria GmbH (Salzbourg, Austria) (represented by: H.-J. Hellmann and C. Mal, lawyers)

Defendant: European Commission (represented by: A. Antoniadis and R. Sauer, Agents)

Intervener before the Court on behalf of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, Agents)

Re:

Application for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures), and, in the alternative, for reduction of the fine imposed on the applicants in that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hansa Metallwerke AG, Hansa Nederland BV, Hansa Italiana Srl, Hansa Belgium and Hansa Austria GmbH to bear their own costs and to pay those of the European Commission;










3.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 301, 6.11.2010.
Case T-518/09: Judgment of the General Court of 16 September 2013 — Ecoceane v EMSA (Public service contracts — Tendering procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tenderer’s bid — Obligation to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability)
Date: 2013-09-16
Institutions: General Court
Subjects: award of contract, equal treatment, invitation to tender, oil pollution, pollution control measures, services contract, vessel








C_2013325EN.01002201.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/22





Judgment of the General Court of 16 September 2013 — Ecoceane v EMSA
(Case T-518/09) (1)

(Public service contracts - Tendering procedures - Operation of stand-by oil spill recovery vessels - Rejection of a tenderer’s bid - Obligation to state reasons - Equal treatment - Transparency - Manifest error of assessment - Non-contractual liability)
2013/C 325/36
Language of the case: French

Parties


Applicant: Ecoceane (Paris, France) (represented by: S. Spalter, lawyer)

Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck, lawyer)

Re:

Application for (i) annulment of EMSA’s decision of 28 October 2009 rejecting the tender submitted by the applicant in the tendering procedure EMSA/NEG/1/2009, relating to the conclusion of public service contracts for stand-by oil spill recovery vessels (Lot No 2: Atlantic/Channel), and of the decision awarding the contract to another tenderer; and (ii) damages.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ecoceane to bear its own costs and to pay those incurred by the European Maritime Safety Agency (EMSA).






(1)  OJ C 80, 27.3.2010.
Case T-343/11: Judgment of the General Court of 16 September 2013 — Netherlands v Commission (EAGGF — Guarantee Section — Expenditure excluded from financing — Fruits and vegetables — Exclusion of financing of costs of printing on packaging — Non-compliance with criteria for recognising a producers’ organisation — Exclusion of expenses of all members of the producers’ organisation in question — Proportionality)
Date: 2013-09-16
Institutions: General Court
Subjects: EAGF, Netherlands, agricultural expenditure, aid to agriculture, eligibility criteria, fruit, packaging, producer organisation, vegetable








C_2013325EN.01003201.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/32






Judgment of the General Court of 16 September 2013 — Netherlands v Commission
(Case T-343/11) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Fruits and vegetables - Exclusion of financing of costs of printing on packaging - Non-compliance with criteria for recognising a producers’ organisation - Exclusion of expenses of all members of the producers’ organisation in question - Proportionality)
(2013/C 325/53)
Language of the case: Dutch

Parties


Applicant: Kingdom of the Netherlands (represented by: C. Wissels, M. de Ree, B. Koopman and C. Schillemans, subsequently by C. Wissels, M. de Ree and C. Schillemans, acting as Agents)

Defendant: European Commission (represented by: A. Bouquet and P. Rossi, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2011/244/EU of 15 April 2011 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2011 L 102, p. 33) in so far as it concerns certain expenditure incurred by the Kingdom of the Netherlands.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Kingdom of the Netherlands to pay the costs.






(1)  
            OJ C 252, 27.8.2011.
Case T-569/11: Judgment of the General Court of 16 September 2013 — Gitana SA v OHIM — Teddy (GITANA) (Community trade mark — Opposition proceedings — Application for the Community figurative mark GITANA — Earlier Community figurative mark KiTANA — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 — Partial refusal of registration)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2013336EN.01002002.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/20





Judgment of the General Court of 16 September 2013 — Gitana SA v OHIM — Teddy (GITANA)
(Case T-569/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark GITANA - Earlier Community figurative mark KiTANA - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Identity or similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 - Partial refusal of registration)
2013/C 336/40
Language of the case: English

Parties


Applicant: Gitana SA (Pregny-Chambésy, Switzerland) (represented by: F. Benech, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Teddy SpA (Rimini, Italy) (represented by: S. Rizzo, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 August 2011 (Case R 1825/2007-1), relating to opposition proceedings between Rosenruist — Gestão e serviços, Lda and Gitana SA

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Gitana SA to pay the costs.






(1)  OJ C 6, 7.1.2012.
Case T-498/13: Action brought on 16 September 2013 — Nanu-Nana Joachim Hoepp v OHIM — Vincci Hoteles (NAMMU)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, hotel industry, registered trade mark, trade-mark law








C_2013344EN.01006202.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/62





Action brought on 16 September 2013 — Nanu-Nana Joachim Hoepp v OHIM — Vincci Hoteles (NAMMU)
(Case T-498/13)
2013/C 344/115
Language in which the application was lodged: English

Parties


Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vincci Hoteles, SA (Alcobendas, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 June 2013 given in Case R 611/2012-1; and










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘NAMMU’ for gods and services in Classes 3, 32 and 44 — Community trade mark registration No 5 238 704

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The application was based on Article 8(1)(b), in conjunction with Article 53(1)(a) CTMR

Decision of the Cancellation Division: Rejected the request for invalidity in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 57 (2) and (3) CTMR.
Case T-368/10: Judgment of the General Court of 16 September 2013 — Rubinetteria Cisal v Commission (Competition — Agreements, decisions and concerted parties — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Concept of infringement — 2002 Leniency Notice — Cooperation — 2006 Guidelines on the method of setting fines — Calculation of the fine — Inability to pay)
Date: 2013-09-16
Institutions: General Court
Subjects: exchange of information, fine, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01002401.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/24





Judgment of the General Court of 16 September 2013 — Rubinetteria Cisal v Commission
(Case T-368/10) (1)

(Competition - Agreements, decisions and concerted parties - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Concept of infringement - 2002 Leniency Notice - Cooperation - 2006 Guidelines on the method of setting fines - Calculation of the fine - Inability to pay)
2013/C 325/39
Language of the case: Italian

Parties


Applicant: Rubinetteria Cisal (Alzo Frazione di Pella, Italy) (represented by: M. Pinnarò and P. Santer, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Antoniadis and L. Malferrari, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Application for annulment of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures), and, in the alternative, for reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Rubinetteria Cisal SpA to bear its own costs and to pay those of the European Commission.






(1)  OJ C 288, 23.10.2010.
Case T-402/06: Judgment of the General Court of 16 September 2013 — Spain v Commission (Cohesion fund — Regulation (EC) No 1164/94 — Environmental infrastructure projects under way in the territory of Catalonia (Spain) — Partial withdrawal of financial assistance — Public works and services contracts — Award criteria — Economically most advantageous tender — Equal treatment — Transparency — Abnormally low offer — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation (EC) No 1164/94 — Proportionality)
Date: 2013-09-16
Institutions: General Court
Subjects: Catalonia, Cohesion Fund, Spain, award of contract, equal treatment, financial aid, services contract, suspension of aid, works contract








C_2013325EN.01001901.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/19





Judgment of the General Court of 16 September 2013 — Spain v Commission
(Case T-402/06) (1)

(Cohesion fund - Regulation (EC) No 1164/94 - Environmental infrastructure projects under way in the territory of Catalonia (Spain) - Partial withdrawal of financial assistance - Public works and services contracts - Award criteria - Economically most advantageous tender - Equal treatment - Transparency - Abnormally low offer - Eligibility of expenditure - Determination of the financial corrections - Article H(2) of Annex II of Regulation (EC) No 1164/94 - Proportionality)
2013/C 325/30
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cárcamo, then A. Rubio González, lawyers in the State legal service)

Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, then A. Steiblytė and S. Pardo Quintillán, Agents)

Re:

Application for annulment of Commission Decision C(2006) 5105 of 20 October 2006 reducing the financial assistance granted by the Cohesion Fund for eight projects under way in the territory of the Autonomous Community of Catalonia (Spain).

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 42, 24.2.2007.
2013/459/EU: Council Decision of 16 September 2013 appointing a Swedish member of the European Economic and Social Committee
Date: 2013-09-16
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Sweden, appointment of members








L_2013249EN.01000501.xml










19.9.2013   


EN


Official Journal of the European Union


L 249/5








            COUNCIL DECISION
         
of 16 September 2013
         
appointing a Swedish member of the European Economic and Social Committee
(2013/459/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 proposal of the Swedish Government,


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)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Annika BRÖMS,





HAS ADOPTED THIS DECISION:



Article 1
Mr Jonas BERGGREN, Head of the Brussels office of the Confederation of Swedish Enterprise, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


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




Done at Brussels, 16 September 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Commission Regulation (EU) No 893/2013 of 16 September 2013 establishing a prohibition of fishing for mackerel in areas IIIa and IVbc by vessels flying the flag of the Netherlands
Date: 2013-09-16
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013247EN.01003301.xml










18.9.2013   


EN


Official Journal of the European Union


L 247/33








            COMMISSION REGULATION (EU) No 893/2013
of 16 September 2013
         
establishing a prohibition of fishing for mackerel in areas IIIa and IVbc by vessels flying the flag of the Netherlands


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 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (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, 16 September 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 23, 25.1.2013, p. 54.




ANNEX






No


46/TQ40




Member State


The Netherlands




Stock


MAC/*3A4BC




Species


Mackerel (Scomber scombrus)




Zone


IIIa and IVbc




Date


26.8.2013