do-me/EUR-LEX huggingface dataset:
Case C-251/12: Judgment of the Court (Third Chamber) of 19 September 2013 (request for a preliminary ruling from the Tribunal de commerce, Brussels — Belgium) — Christian Van Buggenhout and Ilse Van de Mierop, acting as liquidators in the insolvency of Grontimmo SA v Banque Internationale à Luxembourg SA (Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Article 24(1) — Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ — Payment made to a creditor of that debtor)
Date: 2013-09-19
Institutions: Court of Justice
Subjects: claim, debt, financial solvency, judicial cooperation in civil matters in the EU, payment








C_2013344EN.01002902.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/29





Judgment of the Court (Third Chamber) of 19 September 2013 (request for a preliminary ruling from the Tribunal de commerce, Brussels — Belgium) — Christian Van Buggenhout and Ilse Van de Mierop, acting as liquidators in the insolvency of Grontimmo SA v Banque Internationale à Luxembourg SA
(Case C-251/12) (1)

(Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Insolvency proceedings - Article 24(1) - Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ - Payment made to a creditor of that debtor)
2013/C 344/50
Language of the case: French

Referring court

Tribunal de commerce, Brussels

Parties to the main proceedings


Applicant: Christian Van Buggenhout and Ilse Van de Mierop, acting as liquidators in the insolvency of Grontimmo SA

Defendant: Banque Internationale à Luxembourg SA

Re:

Request for a preliminary ruling — Tribunal de commerce de Bruxelles — Interpretation of Article 24 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — Payment made to a creditor of the insolvent debtor, at the request of the latter, in the absence of publication of the decision opening insolvency proceedings in another Member State — Discharge of agent acting in good faith — The scope rationae personae — Definition of ‘for the benefit of the debtor’ including solely payments made to the insolvent debtor or also payments made to its creditors

Operative part of the judgment

Article 24(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that a payment made at the behest of a debtor subject to insolvency proceedings to one of the latter’s creditors does not fall within the scope of that provision.


(1)  OJ C 200, 7.7.2012.
Case F-83/08: Judgment of the Civil Service Tribunal (Second Chamber) of 19 September 2013 — Gheysens v Council (Civil service — Auxiliary member of the contract staff — Conditions of engagement — Function group — Types of duties and corresponding function groups — Duration of employment)
Date: 2013-09-19
Institutions: Civil Service Tribunal
Subjects: servant (EU), temporary employment, working conditions








C_2013313EN.01003501.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/35





Judgment of the Civil Service Tribunal (Second Chamber) of 19 September 2013 — Gheysens v Council
(Case F-83/08) (1)

(Civil service - Auxiliary member of the contract staff - Conditions of engagement - Function group - Types of duties and corresponding function groups - Duration of employment)
2013/C 313/65
Language of the case: French

Parties


Applicant: Johan Gheysens (Malines, Belgium) (represented initially by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, and subsequently by S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: Council of the European Union (represented initially by M. Bauer and K. Zieleśkiewicz, and subsequently by M. Bauer and J. Herrmann, agents)

Re:

Annulment of the decision of the Council fixing the conditions of the applicant’s engagement in so far as it limits the duration of the contract to two years and classifies him in function group III, grade 11, step 1 and a declaration that Article 88 of the Conditions of Employment of Other Servants is illegal in so far as it authorises successive contracts for a fixed period subject to an overall limit of three years.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the Council of the European Union to recruit Mr Gheysens in so far as it classifies him in function group III;










2.


Dismisses the action as to the remainder;










3.


Orders the Council of the European Union to bear its own costs and to pay three quarters of the costs incurred by Mr Gheysens;










4.


Orders Mr Gheysens to bear one quarter of his own costs.






(1)  OJ C 313, 06.12.2008, p. 59.
Notice of the impending expiry of certain anti-dumping measures
Date: 2013-09-19
Institutions: European Commission
Subjects: China, anti-dumping duty, import (EU), lighting equipment, originating product








C_2013270EN.01001101.xml










19.9.2013   


EN


Official Journal of the European Union


C 270/11





Notice of the impending expiry of certain anti-dumping measures
2013/C 270/09
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 8/20, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Certain candles, tapers and the like


The People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 393/2009 (OJ L 119, 14.5.2009, p. 1)


15.5.2014






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.
Case F-91/13: Action brought on 19th September 2013 — ZZ v Commission
Date: 2013-09-19
Institutions: Civil Service Tribunal
Subjects: Germany, damages, expatriate worker, indemnification








C_2013367EN.01004001.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/40





Action brought on 19th September 2013 — ZZ v Commission
(Case F-91/13)
2013/C 367/70
Language of the case: English

Parties


Applicant: ZZ (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the Commission’s decision requesting the reimbursement of the expatriation allowance and the travel costs perceived by the Applicant during his secondment in Germany, together with the reimbursement of the amount already recovered and the reparation of moral prejudice.

Form of order sought







—


Annul the Commission’s decision dated 20 December 2012 by which the Applicant was requested to reimburse his expatriation allowance and annual travel costs granted during his secondment in Germany;










—


annul the 24 June 2013 Commission’s decision rejecting the Applicant’s complaint;










—


by consequence, reimburse the amount already recovered by the Appointing authority, plus late interest at the European Central Bank rate +2 points;










—


in any case, the reparation of the moral prejudice suffered, assessed ex aequo et bono at 5 000 euros;










—


order the Defendant to pay all the costs.
Case C-56/12 P: Judgment of the Court (Fourth Chamber) of 19 September 2013 — European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission, Lexmark International Technology SA (Appeal — Competition — Abuse of dominant position — Ink cartridge market — Decision rejecting a complaint — Lack of Community interest — Low probability of proving the existence of an infringement of Article 82 EC — Degree of seriousness of the infringement alleged)
Date: 2013-09-19
Institutions: Court of Justice
Subjects: dominant position, jurisdiction, printer, right to justice








C_2013344EN.01002001.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/20





Judgment of the Court (Fourth Chamber) of 19 September 2013 — European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission, Lexmark International Technology SA
(Case C-56/12 P) (1)

(Appeal - Competition - Abuse of dominant position - Ink cartridge market - Decision rejecting a complaint - Lack of Community interest - Low probability of proving the existence of an infringement of Article 82 EC - Degree of seriousness of the infringement alleged)
2013/C 344/33
Language of the case: German

Parties


Appellant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) (represented by: D. Ehle, Rechtanswalt)

Other parties to the proceedings: European Commission (represented by: A. Antoniadis and C. Hödlmayr, acting as Agents, and W. Berg, Rechtsanwalt), Lexmark International Technology SA

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 24 November 2011 in Case T-296/09 EFIM v Commission by which the General Court dismissed an application for annulment of Commission Decision C(2009) 4125 of 20 May 2009 rejecting complaint COMP/C-3/39.391 concerning alleged infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the market for ink cartridges — Powers of the Commission — Obligations regarding the investigation of complaints — No Community interest — Proportionality — Failure to state reasons — Infringement of the rights of the defence — Commission Notice on the handling of complaints

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to pay the costs.






(1)  OJ C 118, 21.4.2012.
Case T-517/13: Action brought on 19 September 2013 — Éditions Quo Vadis v OHIM — Gómez Hernández ( ‘QUO VADIS’ )
Date: 2013-09-19
Institutions: General Court
Subjects: EU trade mark, France, office supplies, registered trade mark, trade-mark law








C_2013352EN.01001901.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/19





Action brought on 19 September 2013 — Éditions Quo Vadis v OHIM — Gómez Hernández (‘QUO VADIS’)
(Case T-517/13)
2013/C 352/35
Language in which the application was lodged: English

Parties


Applicant: Éditions Quo Vadis (Carquefou, France) (represented by: F. Valentin, lawyer)

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

Other party to the proceedings before the Board of Appeal: Francisco Gómez Hernández (Jacarilla, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2013 given in Case R 1166/2012-4.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘QUO VADIS’ for goods and services in Classes 29, 33 and 35 — Community trade mark application No 8 871 758

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: French trade mark No 92 422 947 for the word mark ‘QUO VADIS’ for goods and services in Classes 9, 38 and 42 and French trade mark No 1 257 750 for the word mark ‘QUO VADIS’ for goods in Class 16

Decision of the Opposition Division: Upheld the opposition for part of the contested goods and services

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition

Pleas in law: Infringement of Article 8(5) CTMR.
Case C-135/12: Order of the President of the Eighth Chamber of the Court of 19 September 2013 — European Commission v Republic of Poland
Date: 2013-09-19
Institutions: Court of Justice
Subjects: crop production, marketing standard, preparation for market, seed








C_2013377EN.01000904.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/9





Order of the President of the Eighth Chamber of the Court of 19 September 2013 — European Commission v Republic of Poland
(Case C-135/12) (1)

2013/C 377/20
Language of the case: Polish
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 126, 28.4.2012
Joined Cases C-216/12 and C-217/12: Judgment of the Court (Fifth Chamber) of 19 September 2013 (requests for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg)) — Caisse nationale des prestations familiales v Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12) (Social security — Regulation (EEC) No 1408/71 — Agreement between the European Community and the Swiss Confederation — Swiss nationals residing in Switzerland and working in Luxembourg — Grant of a parental leave allowance — Concept of a ‘family benefit’ )
Date: 2013-09-19
Institutions: Court of Justice
Subjects: Luxembourg, Switzerland, agreement (EU), family benefit, free movement of workers, parental allowance








C_2013344EN.01002901.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/29





Judgment of the Court (Fifth Chamber) of 19 September 2013 (requests for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg)) — Caisse nationale des prestations familiales v Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12)
(Joined Cases C-216/12 and C-217/12) (1)

(Social security - Regulation (EEC) No 1408/71 - Agreement between the European Community and the Swiss Confederation - Swiss nationals residing in Switzerland and working in Luxembourg - Grant of a parental leave allowance - Concept of a ‘family benefit’)
2013/C 344/49
Language of the case: French

Referring court

Cour de cassation du Grand-Duché de Luxembourg

Parties to the main proceedings


Appellant: Caisse nationale des prestations familiales

Respondents: Fjola Hliddal (C-216/12), Pierre-Louis Bornand (C-217/12)

Re:

Requests for a preliminary ruling — Cour de cassation (Luxembourg) — Interpretation of Articles 1(u)(i) and 4(1)(h) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1971 L 149, p. 2) and of point 1 of Section A of Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, concluded on 21 June 1999 (OJ 2002 L 114, p. 6) — Concept of a ‘family benefit’ — Permissibility of national legislation providing for the grant of a parental leave allowance — Swiss national residing in Switzerland and working in Luxembourg.

Operative part of the judgment

Articles 1(u)(i) and 4(1)(h) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 and as amended by Council Regulation (EC) No 1606/98 of 29 June 1998, must be interpreted as meaning that a parental leave allowance, such as the allowance provided for under Luxembourg legislation, constitutes a ‘family benefit’ within the meaning of that regulation.


(1)  OJ C 235, 4.8.2012.
Case T-509/13: Action brought on 19 September 2013 — Ratioparts-Ersatzteile-Vertriebs v OHIM — IIC (NORTHWOOD)
Date: 2013-09-19
Institutions: General Court
Subjects: EU trade mark, electronic commerce, registered trade mark, trade-mark law








C_2013344EN.01006401.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/64





Action brought on 19 September 2013 — Ratioparts-Ersatzteile-Vertriebs v OHIM — IIC (NORTHWOOD)
(Case T-509/13)
2013/C 344/118
Language in which the application was lodged: German

Parties


Applicant: Ratioparts-Ersatzteile-Vertriebs GmbH (Euskirchen, Germany) (represented by: M. Koch, lawyer)

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

Other party to the proceedings before the Board of Appeal: IIC — Intersport International Corp. GmbH (Bern, Switzerland)

Form of order sought

The applicant claims that the Court should:






—


alter the decision of the Second Board of Appeal of 4 July 2013 (Case R 2211/2012-2) in such a way that opposition No B17963622 is rejected in its entirety, and










—


order the opponent to pay the costs of the opposition proceedings and the appellant to pay the costs of the appeal proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘NORTHWOOD’ for goods and services in Classes 8, 9, 20, 25 and 35 — Community trade mark application No 9 412 776

Proprietor of the mark or sign cited in the opposition proceedings: IIC — Intersport International Corp. GmbH

Mark or sign cited in opposition: the international registration with protection in respect of the European Union of the mark ‘NORTHBROOK’ for goods in Classes 9, 14, 18, 20, 22, 25 and 28

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Case T-503/13 P: Appeal brought on 19 September 2013 by Luigi Marcuccio against the order of the Civil Service Tribunal of 12 July 2013 in Case F-32/12 Marcuccio v Commission
Date: 2013-09-19
Institutions: General Court
Subjects: European civil service, jurisdiction, legal basis








C_2013325EN.01004902.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/49





Appeal brought on 19 September 2013 by Luigi Marcuccio against the order of the Civil Service Tribunal of 12 July 2013 in Case F-32/12 Marcuccio v Commission
(Case T-503/13 P)
2013/C 325/79
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the General Court should:






—


set aside in its entirety and without exception the order of the Civil Service Tribunal of the European Union of 12 July 2013 in Case F-32/12 Marcuccio v Commission;










—


refer the case back to the Civil Service Tribunal.





Grounds of appeal and main arguments

The appellant relies on two grounds in support of his appeal.






1.


First ground of appeal, alleging that Article 14 of the Rules of Procedure of the Civil Service Tribunal is unlawful by reason of tautology and unreasonableness and that there has, in any event, been mistaken, erroneous, misleading and unreasonable interpretation and application of that article, resulting in a serious and manifest infringement of the legally binding principle of natural justice referred to in, inter alia, Article 47 of the Charter of Fundamental Rights of the European Union.










2.


Second ground of appeal, alleging a total failure to provide reasons by virtue of, inter alia, a failure to make preliminary inquiries, self-evident, tautologous and arbitrary reasoning, distortion and misrepresentation of the facts, error of law and a manifestly misleading assessment of a procedural fact.
Special Report No 6/2013 ‘Have the Member States and the Commission achieved value for money with the measures for diversifying the rural economy?’
Date: 2013-09-19
Institutions: European Court of Auditors
Subjects: management of resources, product diversification, rural development, rural region








C_2013270EN.01000401.xml










19.9.2013   


EN


Official Journal of the European Union


C 270/4





Special Report No 6/2013 ‘Have the Member States and the Commission achieved value for money with the measures for diversifying the rural economy?’
2013/C 270/03
The European Court of Auditors hereby informs you that Special Report No 6/2013 ‘Have the Member States and the Commission achieved value for money with the measures for diversifying the rural economy?’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Notice of the impending expiry of certain anti-dumping measures
Date: 2013-09-19
Institutions: European Commission
Subjects: China, anti-dumping duty, import (EU), originating product, steel, wire








C_2013270EN.01001201.xml










19.9.2013   


EN


Official Journal of the European Union


C 270/12





Notice of the impending expiry of certain anti-dumping measures
2013/C 270/10
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 8/20, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Certain PSC wires and strands


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 383/2009 (OJ L 118, 13.5.2009, p. 1) as amended by Council Implementing Regulation (EU) No 986/2012 (OJ L 297, 26.10.2012, p. 1)


14.5.2014






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.