do-me/EUR-LEX huggingface dataset:
Case F-97/12: Judgment of the Civil Service Tribunal (1st Chamber) of 7 October 2013 — Thomé v Commission (Civil service — Open competition — Competition notice EPSO/AD/177/10 — Decision not to recruit a successful candidate — Criteria for admissibility — University qualification)
Date: 2013-10-07
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, appointment of staff, competition (EU), damages, diploma, indemnification








C_2014009EN.01002803.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/28





Judgment of the Civil Service Tribunal (1st Chamber) of 7 October 2013 — Thomé v Commission
(Case F-97/12) (1)

(Civil service - Open competition - Competition notice EPSO/AD/177/10 - Decision not to recruit a successful candidate - Criteria for admissibility - University qualification)
2014/C 9/46
Language of the case: French

Parties


Applicant: Florence Thomé (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, Agents)

Re:

Application to annul the decision of the Commission’s appointing authority not to recruit the applicant after she had passed competition EPSO/AD/177/10-EPA and an application for damages and interest.

Operative part of the judgment

The Tribunal:






1.


Annuls the European Commission’s decisions of 11 November 2011 and 5 June 2012;










2.


Orders the European Commission to pay Ms Thomé the sum of EUR 14 000;










3.


Dismisses the application as to the remainder;










4.


Orders the European Commission to bear its own costs and to pay the costs incurred by Ms Thomé.






(1)  OJ C 355, 17.11.2012, p. 39.
Case F-101/13: Action brought on 7 October 2013 — ZZ v EEAS
Date: 2013-10-07
Institutions: Civil Service Tribunal
Subjects: European civil service, Mauritius, indemnification








C_2013367EN.01004102.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/41





Action brought on 7 October 2013 — ZZ v EEAS
(Case F-101/13)
2013/C 367/74
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Orlandi, lawyer)

Defendant: EEAS

Subject-matter and description of the proceedings

Application for annulment of the decision of the appointing authority of 19 December 2012, taking effect on 1 July 2013, no longer to grant the allowance for living conditions provided for in Article 10 of Annex X to the Staff Regulations of Officials employed in the Republic of Mauritius.

Form of order sought







—


annul the decision of the appointing authority to abolish from 1 July 2013 all of the applicants’ allowances for living conditions under Article 10 of Annex X to the Staff Regulations;










—


order the EEAS to pay the costs.
Case T-536/13: Action brought on 7 October 2013 — Microsoft v OHIM — Softkinetic Software (KINECT)
Date: 2013-10-07
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2013377EN.01001603.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/16





Action brought on 7 October 2013 — Microsoft v OHIM — Softkinetic Software (KINECT)
(Case T-536/13)
2013/C 377/39
Language in which the application was lodged: English

Parties


Applicant: Microsoft Corp. (Redmond, United States) (represented by: A. Meijboom, lawyer)

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

Other party to the proceedings before the Board of Appeal: Softkinetic Software SA (Brussels, Belgium)

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 25 July 2013 given in Case R 2373/2011-1;










—


Order the defendant to pay the costs of the proceedings; and










—


Order the other party to the proceedings before the Board of Appeal, should it intervene, to pay the costs incurred in the proceedings before the OHIM.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘KINECT’ for goods in Class 9 — Community trade mark application No 9 058 141

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: The word mark ‘SOFTKINETIC’ for goods and services in Classes 9, 28, 38, 41 and 42 — International registration No 1 025 034 designating the European Union; the word mark ‘SOFTKINETIC’ for goods and services in classes 9, 28, 38, 41 and 42 — Benelux trade mark registration No 850 946

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision

Pleas in law: Infringement of Articles 8(5) and 8(1)(b) CTMR.
Case C-526/13: Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos Vyriausybės (Lithuania) lodged on 7 October 2013 — Fast Bunkering Klaipėda UAB v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Date: 2013-10-07
Institutions: Court of Justice
Subjects: Lithuania, VAT, delivery, international waters, interpretation of the law, tax exemption, vessel








C_2013359EN.01000502.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/5





Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos Vyriausybės (Lithuania) lodged on 7 October 2013 — Fast Bunkering Klaipėda UAB v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
(Case C-526/13)
2013/C 359/07
Language of the case: Lithuanian

Referring court

Mokestinių ginčų komisija prie Lietuvos Respublikos Vyriausybės

Parties to the main proceedings


Applicant: Fast Bunkering Klaipėda UAB

Defendant: Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos

Question referred

Must Article 148(a) of Directive 2006/112 (1) be interpreted as meaning that the provisions of that paragraph concerning exemption from VAT are applicable not only to supplies to the operator of a vessel used for navigation on the high seas, who uses those goods for provisioning the vessel, but also to supplies other than to the operator of the vessel, that is to say, to undisclosed intermediaries, where at the time of the supply the ultimate use of the goods is known in advance and duly established, and evidence confirming this is submitted to the tax authority in accordance with the legislative requirements?


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case C-527/13: Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 7 October 2013 — Lourdes Cachaldora Fernandez v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)
Date: 2013-10-07
Institutions: Court of Justice
Subjects: disability insurance, equal treatment, gender equality, part-time employment, social-security contribution








C_2014009EN.01001701.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/17





Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 7 October 2013 — Lourdes Cachaldora Fernandez v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)
(Case C-527/13)
2014/C 9/26
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings


Applicant: Lourdes Cachaldora Fernandez

Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)

Questions referred







1.


Is a national provision, such as additional provision 7(1), rule 3(b) of Spain’s General Law on Social Security, contrary to Article 4 of Council Directive 79/7 (1) of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, in that it affects a group comprising mainly women, and according to which contribution gaps existing within the period for calculating the reference base of a permanent invalidity contributory pension, after a period of part-time employment, are covered by taking the minimum contribution bases applicable at any time, reduced as a result of the partiality coefficient of the employment before the contribution gap, whereas if the employment is full-time, there is no reduction?










2.


Is a national provision, such as additional provision 7(1), rule 3(b) of Spain’s General Law on Social Security, contrary to clause 5(1)(a) of Council Directive 97/81/EC (2) of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, in that it affects a group comprising mainly women, and according to which contribution gaps existing within the period for calculating the reference base of a permanent invalidity contributory pension, after a period of part-time employment, are covered by taking the minimum contribution bases applicable at any time, reduced as a result of the partiality coefficient of the employment before the contribution gap, whereas if it the employment is full-time, there is no reduction?






(1)  OJ 1979 L 6, 10.1.1979, p. 24.

(2)  OJ 1998 L 14, 20.1.1998, p. 9.
Order of the Court of 7 October 2013 in Joined Cases E-4/12 and E-5/12 — Risdal Touring AS and Konkurrenten.no AS v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority — Access to documents — Admissibility — No need to adjudicate)
Date: 2013-10-07
Institutions: EFTA Court
Subjects: Norway, State aid, access to information, bus, infringement of EU law, private sector, tourism








C_2013372EN.01001801.xml










19.12.2013   


EN


Official Journal of the European Union


C 372/18





ORDER OF THE COURT
of 7 October 2013
in Joined Cases E-4/12 and E-5/12
Risdal Touring AS and Konkurrenten.no AS v EFTA Surveillance Authority
(Action for annulment of a decision of the EFTA Surveillance Authority — Access to documents — Admissibility — No need to adjudicate)
(2013/C 372/07)
In Joined Cases E-4/12 and E-5/12, Risdal Touring AS and Konkurrenten.no AS v EFTA Surveillance Authority — APPLICATION seeking in Case E-4/12 Risdal Touring the annulment of the defendant’s decision, first notified on 5 April 2012 without stating reasons, and subsequently notified on 4 May 2012, denying public access to the full statement of content and specific documents in ESA Case No 70506, a State aid case, on the basis of the Rules on Access to Documents (‘RAD’) established by ESA Decision No 407/08/COL on 27 June 2008; and in Case E-5/12 Konkurrenten the annulment of the defendant’s decision as notified on 5 April 2012 without stating reasons and denying public access to the full statement of content in ESA Case No 60510, a State aid case, on the basis of the RAD established by ESA Decision No 407/08/COL on 27 June 2008, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen and Páll Hreinsson, Judges, gave order on 7 October 2013, the operative part of which is as follows:
The Court hereby orders:






 



In Case E-4/12 Risdal Touring AS v EFTA Surveillance Authority:






1.


The part of the application directed at specific documents is dismissed as inadmissible;










2.


There is no longer any need to adjudicate on the remainder of the application;










3.


ESA is to bear its own costs and half of the costs incurred by the applicant;










4.


The applicant is to bear half of its costs.














 



In Case E-5/12 Konkurrenten.no AS v EFTA Surveillance Authority:






1.


The application is dismissed as inadmissible;










2.


ESA is to bear its own costs and the costs incurred by the applicant.
Case T-535/13: Action brought on 7 October 2013 — Vakoma v OHIM — VACOM (VAKOMA)
Date: 2013-10-07
Institutions: General Court
Subjects: EU trade mark, machine-tool industry, registered trade mark, trade-mark law








C_2013367EN.01003202.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/32





Action brought on 7 October 2013 — Vakoma v OHIM — VACOM (VAKOMA)
(Case T-535/13)
2013/C 367/57
Language in which the application was lodged: German

Parties


Applicant: Vakoma GmbH (Magdeburg, Germany) (represented by: P. Kazzer, lawyer)

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

Other party to the proceedings before the Board of Appeal: VACOM Vakuum Komponenten & Messtechnik GmbH (Jena, Germany)

Form of order sought

The applicant claims that the Court should:






—


Reject opposition No B1 833 915 as unfounded by annulling the decision of the First Board of Appeal of OHIM of 1 August 2013 (Case R 0908/2012-1), which was notified to the applicant on 6 August 2013, and by annulling the decision of the Opposition Division of OHIM of 12 March 2012;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘VAKOMA’ for goods and services in Classes 7, 40 and 42 — Community trade mark application No 9 437 963

Proprietor of the mark or sign cited in the opposition proceedings: VACOM Vakuum Komponenten & Messtechnik GmbH

Mark or sign cited in opposition: the Community word mark ‘VACOM’ for goods in Classes 7, 9 and 42

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
Council Decision of 7 October 2013 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2013-10-07
Institutions: Council of the European Union
Subjects: Cedefop, Cyprus, Latvia, appointment of members, decision-making body (EU)








C_2013317EN.01000301.xml










31.10.2013   


EN


Official Journal of the European Union


C 317/3





COUNCIL DECISION
of 7 October 2013
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2013/C 317/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nomination submitted by the Cypriot government,
Having regard to the nomination submitted by the Latvian government,
Whereas:






(1)


By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.










(2)


A member's seat is available for Cyprus on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr George PAPAGEORGIOU.










(3)


A member's seat is available for Latvia on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr Janis GAIGALS.










(4)


The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015,




HAS DECIDED AS FOLLOWS:
Sole Article
The following persons are hereby appointed as members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

GOVERNMENT REPRESENTATIVES:







CYPRUS


Mr George PANAYIDES




LATVIA


Ms Sanda LIEPIŅA





Done at Luxembourg, 7 October 2013.


For the Council


The President

J. BERNATONIS




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 228, 31.7.2012, p. 3.
Council Decision of 7 October 2013 adopting the Council position on draft amending budget No 7 of the European Union for the financial year 2013
Date: 2013-10-07
Institutions: Council of the European Union
Subjects: amending budget, draft budget (EU), general budget (EU)








C_2013295EN.01000201.xml










11.10.2013   


EN


Official Journal of the European Union


C 295/2





COUNCIL DECISION
of 7 October 2013
adopting the Council position on draft amending budget No 7 of the European Union for the financial year 2013
2013/C 295/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof,
Whereas:






—


the Union's budget for the financial year 2013 was definitively adopted on 12 December 2012 (2),










—


on 25 July 2013, the Commission submitted a proposal containing draft amending budget No 7 to the general budget for the financial year 2013,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 7 of the European Union for the financial year 2013 was adopted on 7 October 2013.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Luxembourg, 7 October 2013.


For the Council


The President

J. BERNATONIS




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 66, 8.3.2013, p. 1, with corrigendum in OJ L 134, 18.5.2013, p. 21.
Case T-191/12: Order of the General Court of 7 October 2013 — Roland v OHIM — Textiles Well (wellness inspired by nature) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
Date: 2013-10-07
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2013359EN.01001301.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/13





Order of the General Court of 7 October 2013 — Roland v OHIM — Textiles Well (wellness inspired by nature)
(Case T-191/12) (1)

(Community trade mark - Opposition - Withdrawal of opposition - No need to adjudicate)
2013/C 359/23
Language of the case: English

Parties


Applicant: Roland SE (Essen, Germany) (represented by: O. Rauscher and C. Onken, lawyers)

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, intervener before the General Court: Textiles Well (Le Vigan, France) (represented by: E. Cornu and É. De Gryse, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 February 2012 (Case R 2552/2010-1) relating to opposition proceedings between Textiles Well SA and Roland SE, formerly Roland-Schuhe GmbH & Co. Handels KG.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant and intervener shall bear their own costs and each shall pay one half of the costs borne by the defendant.






(1)  OJ C 209, 14.7.2012.
Case F-57/12: Order of the Civil Service Tribunal (First Chamber) of 7 October 2013 — Marcuccio v Commission (Civil service — Officials — Disability allowance — Deduction of the amount of the debt owed to an institution — Action in part manifestly inadmissible and in part manifestly lacking any basis in law)
Date: 2013-10-07
Institutions: Civil Service Tribunal
Subjects: European civil service, credit, disability insurance, legal expenses








C_2014009EN.01002902.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/29





Order of the Civil Service Tribunal (First Chamber) of 7 October 2013 — Marcuccio v Commission
(Case F-57/12) (1)

(Civil service - Officials - Disability allowance - Deduction of the amount of the debt owed to an institution - Action in part manifestly inadmissible and in part manifestly lacking any basis in law)
2014/C 9/48
Language of the case: Italian

Parties


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

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s implied decisions to reduce the amount of the applicant’s disability allowance for the months June to September 2011, for payment of interest at the rate of 15 % and payment of the sum of EUR 500.

Operative part of the order







1.


The application is dismissed on the basis that it is in part manifestly inadmissible and in part manifestly lacking any basis in law.










2.


Mr Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission, including those relating to the interim proceedings in Cases F-57/12 R and T-464/12 P(R).










3.


Mr Marcuccio is ordered to pay to the General Court the sum of EUR 2 000.






(1)  OJ C 227, 28.7.2012, p. 37.