do-me/EUR-LEX huggingface dataset:
Case T-107/11: Judgment of the General Court of 4 December 2013 — ETF v Schuerings (Appeal — Civil service — Temporary staff — Contract of indefinite duration — Decision to terminate — Jurisdiction of the Civil Service Tribunal — Articles 2 and 47 CEOS — Duty of care — Concept of interests of the service — Prohibition on ruling ultra petita — Rights of the defence)
Date: 2013-12-04
Institutions: General Court
Subjects: jurisdiction, rights of the defence, servant (EU)








C_2014024EN.01001802.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/18





Judgment of the General Court of 4 December 2013 — ETF v Schuerings
(Case T-107/11) (1)

(Appeal - Civil service - Temporary staff - Contract of indefinite duration - Decision to terminate - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 CEOS - Duty of care - Concept of interests of the service - Prohibition on ruling ultra petita - Rights of the defence)
2014/C 24/31
Language of the case: French

Parties


Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)

Other party to the proceedings: Gisela Schuerings (represented by: N. Lhoëst, lawyer)

Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); European Medicines Agency (EMA) (represented: initially by V. Salvatore, and subsequently by T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); European Union Agency for Network and Information Security (ENISA) (represented by: E. Maurage, acting as Agent); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Centre for Disease Prevention and Control (ECDC) (represented by: M. Heikkilä, acting as Agent); and European Food Safety Authority (EFSA) (represented by: D. Detken, acting as Agent)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, not yet published in the ECR, and seeking that that judgment be set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, in so far as it set aside the decision of the European Training Foundation (ETF) of 23 October 2007 terminating the indefinite contract of Ms Gisela Schuerings and dismissing, as a result, her application for compensation for the material harm suffered as being premature;










2.


Dismisses the remainder of the appeal;










3.


Refers the case back to the Civil Service Tribunal;










4.


Reserves the costs.






(1)  OJ C 139, 7.5.2011.
Case T-108/11 P: Judgment of the General Court of 4 December 2013 — ETF v Michel (Appeal — Civil service — Temporary staff — Contract for an indefinite period — Decision terminating the contract — Jurisdiction of the Civil Service Tribunal — Articles 2 and 47 of the CEOS — Duty of care — Concept of interest of the service — Prohibition on ruling ultra petita — Rights of the defence)
Date: 2013-12-04
Institutions: General Court
Subjects: jurisdiction, rights of the defence, servant (EU)








C_2014024EN.01001901.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/19





Judgment of the General Court of 4 December 2013 — ETF v Michel
(Case T-108/11 P) (1)

(Appeal - Civil service - Temporary staff - Contract for an indefinite period - Decision terminating the contract - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 of the CEOS - Duty of care - Concept of interest of the service - Prohibition on ruling ultra petita - Rights of the defence)
2014/C 24/32
Language of the case: French

Parties


Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)

Other party to the proceedings: Gustave Michel, successor in law to Monique Vandeuren (represented by: N. Lhoëst, lawyer)

Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Chemical Agency (ECHA) (represented by: M. Heikkilä, acting as Agent); European Medicines Agency (EMA) (represented initially by: V. Salvatore and subsequently by: T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); and European Food Safety Agency (EFSA) (represented by: D. Detken, acting as Agent)

Re:

Appeal brought against the judgment delivered by the Civil Service Tribunal (Second Chamber) on 9 December 2010 in Case F-88/08 Vandeuren v ETF, not yet published, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-88/08 Vandeuren v ETF in so far as it annulled the decision of the European Training Foundation (ETF) of 23 October 2007 to terminate the contract for an indefinite period as a member of the temporary staff of Ms Monique Vandeuren and dismissed, in consequence, her claim for compensation for the pecuniary harm suffered as premature;










2.


Dismisses the remainder of the appeal;










3.


Refers the action back to the Civil Service Tribunal;










4.


Reserves the costs.






(1)  OJ C 139, 7.5.2011.
Case C-637/13 P: Appeal brought on 4 December 2013 by Laufen Austria AG against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Case T-411/10 Laufen Austria v Commission
Date: 2013-12-04
Institutions: Court of Justice
Subjects: application of EU law, case-law (EU), equal treatment, fine, legal expenses, principle of proportionality








C_2014052EN.01002802.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/28





Appeal brought on 4 December 2013 by Laufen Austria AG against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Case T-411/10 Laufen Austria v Commission
(Case C-637/13 P)
2014/C 52/51
Language of the case: Spanish

Parties


Appellant: Laufen Austria AG (represented by: E. Navarro Varona, abogada)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


uphold the arguments put forward by Laufen Austria AG in the present case;










—


set aside in part the judgment of the General Court of 16 September 2013 in Case T-411/10;










—


uphold Laufen Austria AG’s claims by reducing the fine imposed on it;










—


order the Commission to pay the costs incurred by Laufen Austria AG in the present case, as well as those incurred in Case T-411/10 in so far as the same grounds are concerned.





Grounds of appeal and main arguments







1.




First ground of appeal
, alleging an erroneous application of Article 23(2) of Regulation No 1/2003 (1) and of the principles of proportionality and individual liability in relation to the fine imposed individually on Laufen Austria, AG for the infringement committed prior to its acquisition by Roca Sanitario, S.A.










2.




Second ground of appeal
, alleging error of law in the application of the case-law of the Court of Justice of the European Union and breach of the principles of equal treatment and proportionality, of the principle that reasons must be stated and of the principle of the protection of legitimate expectations in the application of the Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. (2)







(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles [101 TFEU] and [102 TFEU] (OJ 2003 L 1, p.1).

(2)  OJ 2006 C 210, p. 2.