do-me/EUR-LEX huggingface dataset:
Case T-520/13: Action brought on 25 September 2013 — Philip Morris Benelux/Commission
Date: 2013-09-25
Institutions: General Court
Subjects: access to EU information, environmental impact, tobacco industry








C_2013344EN.01006502.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/65





Action brought on 25 September 2013 — Philip Morris Benelux/Commission
(Case T-520/13)
2013/C 344/120
Language of the case: English

Parties


Applicant: Philip Morris Benelux (Antwerpen, Belgium) (represented by: K. Nordlander, lawyer, and P. Harrison, Solicitor)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Declare the application admissible;










—


Annul the decision taken by the Secretary-General of the European Commission, dated 15 July 2013 (the ‘contested measure’), in which the Commission refused the applicant’s request for access to drafts of the Impact Assessment Report accompanying the Commission’s proposal for a revised Tobacco Products Directive; and










—


Order the defendant to pay the applicant’s 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, by adopting the contested measure, the Commission committed a manifest error of assessment and breached Article 4(3) of the Regulation (EC) No 1049/2001 (1), by asserting and concluding that both the first and second subparagraphs of Article 4(3) of the such regulation (which are mutually exclusive) could apply simultaneously to the same set of facts at issue.










2.


Second plea in law, alleging that, by adopting the contested measure, the Commission breached Article 4(3)(1) of Regulation (EC) No 1049/2001 by concluding that the narrow and limited exception set out in that subparagraph justified its refusal to grant disclosure of any of the requested documents.










3.


Third plea in law, alleging that, by adopting the contested measure, the Commission breached Article 4(3)(2) of Regulation (EC) No 1049/2001, because the requested documents do not have the status of opinions and thus are not covered by the exception in Article 4(3)(2) of the regulation in question. Further, (i) disclosure of the requested documents would not undermine the Commission’s decision-making process; and (ii) there is an overriding public interest in disclosure of the requested documents.






(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43)
Information communicated by Member States regarding closure of fisheries
Date: 2013-09-25
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013276EN.01000801.xml










25.9.2013   


EN


Official Journal of the European Union


C 276/8





Information communicated by Member States regarding closure of fisheries
2013/C 276/04
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


20.8.2013




Duration


20.8.2013-31.12.2013




Member State


Spain




Stock or group of stocks


HAD/5BC6A.




Species


Haddock (Melanogrammus aeglefinus)




Zone


EU and international waters of Vb and VIa




Type(s) of fishing vessels


—




Reference number


42/TQ39






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-41/12 P: Order of the President of the Third Chamber of the Court of 25 September 2013 — Monster Cable Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Live Nation (Music) UK Limited
Date: 2013-09-25
Institutions: Court of Justice
Subjects: EU trade mark, United Kingdom, consumer information, infringement of EU law, registered trade mark, trade-mark law








C_2013377EN.01000902.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/9





Order of the President of the Third Chamber of the Court of 25 September 2013 — Monster Cable Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Live Nation (Music) UK Limited
(Case C-41/12 P) (1)

2013/C 377/18
Language of the case: English
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 73, 10.3.2012.
Case C-515/13: Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 25 September 2013 — Ingeniørforeningen i Danmark, acting on behalf of Poul Landin v TEKNIQ, acting on behalf of ENCO A/S — VVS
Date: 2013-09-25
Institutions: Court of Justice
Subjects: Denmark, age discrimination, equal treatment, interpretation of the law, pension scheme, severance pay, working conditions








C_2013359EN.01000501.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/5





Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 25 September 2013 — Ingeniørforeningen i Danmark, acting on behalf of Poul Landin v TEKNIQ, acting on behalf of ENCO A/S — VVS
(Case C-515/13)
2013/C 359/06
Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings


Applicant: Ingeniørforeningen i Danmark, acting on behalf of Poul Landin

Defendant: TEKNIQ, acting on behalf of ENCO A/S — VVS

Question referred

Is the prohibition of direct discrimination on grounds of age contained in Articles 2 and 6 of Directive 2000/78/EC (1) to be interpreted as precluding a Member State from maintaining a legal situation whereby an employer, upon dismissal of a salaried employee who has been continuously employed in the same undertaking for 12, 15 or 18 years, must, upon termination of the salaried employee’s employment, pay an amount equivalent to one, two or three months’ salary respectively, while this allowance is not to be paid where the salaried employee, upon termination of employment, is entitled to receive a State retirement pension?


(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).
Euro exchange rates
Date: 2013-09-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2013276EN.01000701.xml










25.9.2013   


EN


Official Journal of the European Union


C 276/7





Euro exchange rates (1)

24 September 2013
2013/C 276/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3473




JPY


Japanese yen


132,92




DKK


Danish krone


7,4571




GBP


Pound sterling


0,84431




SEK


Swedish krona


8,6315




CHF


Swiss franc


1,2295




ISK


Iceland króna


 




NOK


Norwegian krone


8,0200




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,933




HUF


Hungarian forint


299,89




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7026




PLN


Polish zloty


4,2269




RON


Romanian leu


4,4735




TRY


Turkish lira


2,6961




AUD


Australian dollar


1,4347




CAD


Canadian dollar


1,3857




HKD


Hong Kong dollar


10,4462




NZD


New Zealand dollar


1,6261




SGD


Singapore dollar


1,6918




KRW


South Korean won


1 448,27




ZAR


South African rand


13,3062




CNY


Chinese yuan renminbi


8,2520




HRK


Croatian kuna


7,6175




IDR


Indonesian rupiah


15 149,99




MYR


Malaysian ringgit


4,3340




PHP


Philippine peso


58,538




RUB


Russian rouble


43,0098




THB


Thai baht


42,224




BRL


Brazilian real


2,9773




MXN


Mexican peso


17,3566




INR


Indian rupee


84,8530






(1)  Source: reference exchange rate published by the ECB.
Case F-158/12: Judgment of the Civil Service Tribunal (Third Chamber) of 25 September 2013 — Marqués v Commission (Civil Service — Contract staff — Recruitment — Call for expression of interest EPSO/CAST/02/2010 — Conditions of employment — Appropriate professional experience — Rejection of the application for employment)
Date: 2013-09-25
Institutions: Civil Service Tribunal
Subjects: EPSO, damages, indemnification, public contract








C_2013325EN.01005101.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/51





Judgment of the Civil Service Tribunal (Third Chamber) of 25 September 2013 — Marqués v Commission
(Case F-158/12) (1)

(Civil Service - Contract staff - Recruitment - Call for expression of interest EPSO/CAST/02/2010 - Conditions of employment - Appropriate professional experience - Rejection of the application for employment)
2013/C 325/81
Language of the case: French

Parties


Applicant: Éric Marqués (Ennery, France) (represented by: A. Salerno and B. Cortese, lawyers)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Application to annul the decision rejecting the application for employment of the applicant as a member of the contract staff in function group III which was made by the Office for Infrastructures and Logistics in Luxembourg and compensation for the material damage suffered.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the European Commission of 6 March 2012 refusing to employ Mr Marqués as a member of the contract staff in function group III;










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to bear its own costs and to pay the costs incurred by Mr Marqués.






(1)  OJ C 86, 23.3.2013, p. 30.
Case C-564/12: Order of the President of the Court of 25 September 2013 (request for a preliminary ruling from the Tribunal d’instance d’Orléans — France) — BNP Paribas Personal Finance SA, Facet SA v Guillaume Delmatti
Date: 2013-09-25
Institutions: Court of Justice
Subjects: consumer credit, consumer information, unfair terms of contract








C_2013377EN.01000905.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/9





Order of the President of the Court of 25 September 2013 (request for a preliminary ruling from the Tribunal d’instance d’Orléans — France) — BNP Paribas Personal Finance SA, Facet SA v Guillaume Delmatti
(Case C-564/12) (1)

2013/C 377/21
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 38, 9.2.2013.
Case C-512/13: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 25 September 2013 — X; other party: Staatssecretaris van Financiën
Date: 2013-09-25
Institutions: Court of Justice
Subjects: allowances and expenses, expatriate worker, free movement of workers, indemnification, residence








C_2013367EN.01002302.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/23





Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 25 September 2013 — X; other party: Staatssecretaris van Financiën
(Case C-512/13)
2013/C 367/40
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant in cassation: X

Other party: Staatssecretaris van Financiën

Questions referred







1.


Can an indirect distinction on the basis of nationality or an impediment to the free movement of workers — requiring justification — be said to exist if the legislation of a Member State allows the tax-free reimbursement of extraterritorial expenses for incoming workers and a worker who, in the period prior to his employment in that Member State, lived outside that Member State at a distance of more than 150 kilometres from the border of that Member State may, without the provision of further proof, be granted tax-free reimbursement of expenses calculated on a flat-rate basis, even if that amount exceeds the extraterritorial expenses actually incurred, whereas, in the case of a worker who, during that period, lived within a shorter distance of that Member State, the extent of the tax-free reimbursement is limited to the demonstrable actual amount of the extraterritorial expenses?










2.


If Question 1 is to be answered in the affirmative: is the relevant Netherlands rule, as laid down in the 1965 Uitvoeringsbesluit loonbelasting (Implementing Decision concerning wages tax), based on overriding reasons in the public interest?










3.


If Question 2 is also to be answered in the affirmative: does the 150-kilometre criterion in that rule go further than is necessary to attain the objective pursued?
Commission Regulation (EU) No 927/2013 of 25 September 2013 establishing a prohibition of fishing for alfonsinos in EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV by vessels flying the flag of Portugal
Date: 2013-09-25
Institutions: European Commission
Subjects: Atlantic Ocean, Baltic Sea, EU waters, North Sea, Portugal, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013255EN.01000101.xml










27.9.2013   


EN


Official Journal of the European Union


L 255/1








            COMMISSION REGULATION (EU) No 927/2013
of 25 September 2013
         
establishing a prohibition of fishing for alfonsinos in EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV by vessels flying the flag of Portugal


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, 25 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 356, 22.12.2012, p. 22.




ANNEX






No


47/DSS




Member State


Portugal




Stock


ALF/3X14-




Species


Alfonsinos (Beryx spp.)




Zone


EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV




Date


29.8.2013
Recruitment for the European Medicines Agency (London)
Date: 2013-09-25
Institutions: European Medicines Agency
Subjects: drug surveillance, job vacancy, legal profession, servant (EU)








CA2013276EN.01000101.xml










25.9.2013   


EN


Official Journal of the European Union


CA 276/1





RECRUITMENT FOR THE EUROPEAN MEDICINES AGENCY (LONDON)
(2013/C 276 A/01)

The Agency is responsible for coordinating the evaluation and supervision of medicinal products for human and veterinary use in the European Union (see Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 136, 30.4.2004, p. 1)). The Agency was established in January 1995. It has many close contacts with the European Commission, the 28 EU Member States, the EEA-EFTA countries and many other groups in government and the private sector.


Further information on the Agency and its activities is readily accessible through the internet; our web address is http://www.ema.europa.eu

The European Medicines Agency (EMA) is organising a selection procedure with a view to drawing up a reserve list for:






 



EMA/AD/353: Legal Officer, Legal Department (AD 6).











 



EMA/CA/L/037: Contract Staff (long-term), Clinical and non-clinical compliance officer, Compliance and Inspections Department (FG IV).





Selected candidates will be included on a reserve list and, depending on the budgetary situation, may be offered a five-year renewable contract in accordance with the Conditions of Employment of Other Servants of the European Union (OJ L 56, 4.3.1968).
The place of employment shall be London.
Candidates must be nationals of a Member State of the European Union, or of Iceland, Liechtenstein or Norway, on condition that they have full rights as a citizen.

The complete conditions and job description should be downloaded from the Agency website:


http://www.ema.europa.eu/ under ‘Careers at the Agency’.


Applications have to be submitted electronically using the form available on the Agency website. Deadline for submission of application forms is 25 October 2013 at midnight.


Please note that due to the large number of applications the Agency may receive, when reaching the deadline for submission of applications, the system may have problems to process the large amounts of data. Applicants are therefore advised to send in their application well ahead of the deadline.

If you wish to receive notification of vacancy publications electronically please register online for an RSS feed at http://www.ema.europa.eu/ under ‘RSS news feeds’.
Case C-513/13 P: Appeal brought on 25 September 2013 by the Kingdom of Spain against the judgment of the General Court (Eighth Chamber) delivered on 11 July 2013 in Case T-358/08 Spain v Commission
Date: 2013-09-25
Institutions: Court of Justice
Subjects: Aragon, Cohesion Fund, Spain, award of contract, decontamination, financial management, works contract








C_2013336EN.01001102.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/11





Appeal brought on 25 September 2013 by the Kingdom of Spain against the judgment of the General Court (Eighth Chamber) delivered on 11 July 2013 in Case T-358/08 Spain v Commission
(Case C-513/13 P)
2013/C 336/24
Language of the case: Spanish

Parties


Appellant: Kingdom of Spain (represented by: A. Rubio González, acting as Agent)

Other party to the proceedings: European Commission

Form of order sought







—


Declare that the present appeal is well founded and set aside the judgment of the General Court of 11 July 2013 in Case T-358/08 Kingdom of Spain v European Commission;










—


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










—


Order the respondent to pay the costs.





Pleas in law and main arguments







1.




Error of law with respect to the effects of the period referred to in Article H(2) of Annex II to Council Regulation (EC) No 1164/94

 (1)

of 16 May 1994 establishing a Cohesion Fund
. After the expiry of the period referred to, the Commission may no longer adopt any financial correction measures and, therefore, it is obliged to make payment and the correction applied is unlawful.










2.




Error of law in relation to the concept of ‘work’, in holding that the whole of a network constitutes a single work within the meaning of Article 1(c) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts

 (2). The judgment under appeal departs from the case-law in Case C-16/98 Commission v France [2000] ECR I-8315 in failing to take account of the need for geographical continuity of the works taken as a whole and for interdependence between them, namely, the need for interconnection for the provision of the service.






(1)  OJ L 130, 25.5.1994, p. 1.

(2)  OJ L 199, 9.8.1993, p. 54.
Council statement
Date: 2013-09-25
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, administrative transparency, allowances and expenses, redemption








C_2013276EN.01000601.xml










25.9.2013   


EN


Official Journal of the European Union


C 276/6





COUNCIL STATEMENT
2013/C 276/02
The Council welcomes the efforts made by the European Economic and Social Committee to create a more transparent system for the payment of daily allowances and reimbursement of travelling expenses of members of the European Economic and Social Committee and their alternates.
The Council stresses that expenditure on travel by EU institutions should be efficient and provide value for money. The Council therefore calls upon the European Economic and Social Committee to take all appropriate measures to apply the lowest possible cost options for travel and allowances on an ongoing basis.
Case T-519/13: Action brought on 25 September 2013 — Leder & Schuh International v OHIM — Epple (VALDASAAR)
Date: 2013-09-25
Institutions: General Court
Subjects: EU trade mark, paints and varnishes, registered trade mark, trade-mark law








C_2013344EN.01006501.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/65





Action brought on 25 September 2013 — Leder & Schuh International v OHIM — Epple (VALDASAAR)
(Case T-519/13)
2013/C 344/119
Language in which the application was lodged: German

Parties


Applicant: Leder & Schuh International AG (Salzburg, Austria) (represented by: S. Korn, lawyer)

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

Other party to the proceedings before the Board of Appeal: Valerie Epple (Bronnen, Germany)

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision of the First Board of Appeal, reject the opposition and










—


order the defendant to pay the costs of the appeal proceedings and the proceedings before the General Court of the European Union.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘VALDASAAR’ for goods and services in Classes 18, 25 and 35 — Community trade mark application No 9 591 249

Proprietor of the mark or sign cited in the opposition proceedings: Valerie Epple

Mark or sign cited in opposition: the word mark ‘Val d’Azur’ for goods in Class 25

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 Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue