do-me/EUR-LEX huggingface dataset:
Case F-15/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2013 — Andres and Others v ECB (Civil service — ECB staff — Reform of the insurance scheme — Freezing of the pension plan — Implementation of the pensions regime — Consultation of the supervisory committee — Consultation of the staff committee — Consultation of the General Council — Consultation of the Governing Council — Triennial assessment of the pension plan — Infringement of the conditions of employment — Manifest error of assessment — Principle of proportionality — Acquired rights — Principle of legal certainty and foreseeability — Duty to provide information)
Date: 2013-12-11
Institutions: Civil Service Tribunal
Subjects: European civil service, deadline for payment, family benefit, social security legislation








C_2014071EN.01002902.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/29






Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2013 — Andres and Others v ECB
(Case F-15/10) (1)

(Civil service - ECB staff - Reform of the insurance scheme - Freezing of the pension plan - Implementation of the pensions regime - Consultation of the supervisory committee - Consultation of the staff committee - Consultation of the General Council - Consultation of the Governing Council - Triennial assessment of the pension plan - Infringement of the conditions of employment - Manifest error of assessment - Principle of proportionality - Acquired rights - Principle of legal certainty and foreseeability - Duty to provide information)
(2014/C 71/55)
Language of the case: French

Parties


Applicants: Carlos Andres and Others (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (ECB) (represented by: C. Kroppenstedt and F. Malfrère, Agents, and B. Wägenbaur, lawyer)

Re:

First, application to annul the applicants’ salary slips for June 2009, and all the subsequent salary slips and those to be issued in the future, in so far as those slips constitute the implementation of the reform of the pensions regime decided upon on 4 May 2009. Secondly, an application for compensation for the damage suffered by the applicants.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Andres and the 168 other applicants whose names are set out in the annex to bear their own costs and to pay the costs incurred by the European Central Bank.






(1)  OJ C 134, 22.5.2010, p. 54.
2013/769/EU: Commission Implementing Decision of 11 December 2013 refusing the request by Hungary to introduce a Quick Reaction Mechanism special measure derogating from Article 193 of Council Directive 2006/112/EC on the common system of value added tax (notified under document C(2013) 9007)
Date: 2013-12-11
Institutions: European Commission
Subjects: Hungary, VAT, delivery, sugar, tax avoidance, tax evasion, taxpayer








L_2013341EN.01006801.xml










18.12.2013   


EN


Official Journal of the European Union


L 341/68








            COMMISSION IMPLEMENTING DECISION
         
of 11 December 2013
         
refusing the request by Hungary to introduce a Quick Reaction Mechanism special measure derogating from Article 193 of Council Directive 2006/112/EC on the common system of value added tax
(notified under document C(2013) 9007)
(Only the Hungarian text is authentic)
(2013/769/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), and in particular Article 199b thereof,

Whereas:







(1)


By notification registered at the Commission on 27 November 2013, Hungary requested authorisation to introduce a Quick Reaction Mechanism special measure derogating from Article 193 of Directive 2006/112/EC.












(2)


According to that notification, it has come to the attention of the national authorities that a number of traders have engaged in tax evasion by not paying VAT to the competent tax authorities.












(3)


The requested measure consists in designating the taxable person to whom goods, in this case sugar, are supplied as liable for the payment of VAT instead of the supplier.












(4)


On 4 December 2013, the Commission notified the Member States that it had all the information necessary to appraise the request.












(5)


On the basis of detailed fraud figures in this sector provided by Hungary, it clearly appears that fraud in the sector was already of a substantive nature in 2011 and 2012.












(6)


Therefore, it has been established that the fraud identified is not of a sudden nature within the meaning of Article 199b of Directive 2006/112/EC.












(7)


The requested derogation should therefore not be granted,





HAS ADOPTED THIS DECISION:



Article 1
Hungary may not introduce the requested Quick Reaction Mechanism special measure derogating from Article 193 of Directive 2006/112/EC.


Article 2
This Decision is addressed to Hungary.




Done at Brussels, 11 December 2013.


For the Commission

Algirdas ŠEMETA
            

Member of the Commission






(1)  
            OJ L 347, 11.12.2006, p. 1.
European Parliament decision of 11 December 2013 on the nomination of Alex Brenninkmeijer as a Member of the Court of Auditors (C7-0312/2013 — 2013/0810(NLE))
Date: 2013-12-11
Institutions: Committee on Budgetary Control, European Parliament
Subjects: European Court of Auditors, appointment of members








C_2016468EN.01028101.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/281





P7_TA(2013)0560
Appointment of a member of the Court of Auditors (Alex Brenninkmeijer — NL)
European Parliament decision of 11 December 2013 on the nomination of Alex Brenninkmeijer as a Member of the Court of Auditors (C7-0312/2013 — 2013/0810(NLE))
(Consultation)
(2016/C 468/61)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0312/2013),










—


having regard to Rule 108 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0433/2013),










A.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










B.


whereas at its meeting of 7 November 2013 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;












1.


Delivers a favourable opinion on the Council’s nomination of Alex Brenninkmeijer as a Member of the Court of Auditors;












2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
European Parliament legislative resolution of 11 December 2013 on the draft Council decision authorising Member States to ratify, in the interests of the European Union, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organisation (Convention No 189) (11462/2013 — C7-0234/2013 — 2013/0085(NLE))
Date: 2013-12-11
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Employment and Social Affairs, Committee on Legal Affairs, Committee on Women’s Rights and Gender Equality, European Parliament
Subjects: EU Member State, International Labour Organisation, consent procedure, humanisation of work, international convention, ratification of an agreement, wages for housework








C_2016468EN.01027601.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/276





P7_TA(2013)0554
ILO Convention concerning decent work for domestic workers ***
European Parliament legislative resolution of 11 December 2013 on the draft Council decision authorising Member States to ratify, in the interests of the European Union, the Convention concerning decent work for domestic workers, 2011, of the International Labour Organisation (Convention No 189) (11462/2013 — C7-0234/2013 — 2013/0085(NLE))
(Consent)
(2016/C 468/56)

The European Parliament,






—


having regard to the draft Council decision (11462/2013),










—


having regard to the request for consent submitted by the Council in accordance with Article 153 in conjunction with Article 218(6), second subparagraph, point (a)(v) and Article 218(8), first subparagraph, of the Treaty on the Functioning of the European Union (C7-0234/2013),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Employment and Social Affairs (A7-0394/2013),












1.


Consents to the draft Council decision;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Case T-116/11: Judgment of the General Court of 11 December 2013 — EMA v Commission (Arbitration clause — Sixth framework programme for research, technological development and demonstration contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Dicoems and Cocoon contracts — Non-compliance with the contractual requirements in respect of some of the declared expenses — Termination of the contracts — Repayment of part of the sums paid — Damages — Counterclaim — Non-contractual liability — Unjust enrichment — Action for annulment — Act not open to challenge — Act part of a purely contractual framework from which it is inseparable — Debit note — Inadmissible)
Date: 2013-12-11
Institutions: General Court
Subjects: Framework Programme for Research and Development, arbitration clause, contractual liability, damages, indemnification








C_2014031EN.01000801.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/8





Judgment of the General Court of 11 December 2013 — EMA v Commission
(Case T-116/11) (1)

(Arbitration clause - Sixth framework programme for research, technological development and demonstration contributing to the creation of the European Research Area and to innovation (2002 to 2006) - Dicoems and Cocoon contracts - Non-compliance with the contractual requirements in respect of some of the declared expenses - Termination of the contracts - Repayment of part of the sums paid - Damages - Counterclaim - Non-contractual liability - Unjust enrichment - Action for annulment - Act not open to challenge - Act part of a purely contractual framework from which it is inseparable - Debit note - Inadmissible)
2014/C 31/12
Language of the case: Italian

Parties


Applicant: European Medical Association (EMA) (Brussels, Belgium) (represented by: A. Franchi and L. Picciano, lawyers)

Defendant: European Commission (represented by: S. Delaude and F. Moro, acting as Agents and D. Gullo, lawyer)

Re:

First, main claim seeking (i) the reimbursement of costs incurred for the performance of contract No 507126 relating to the Cocoon project and contract No 507760 relating to the Dicoems project, concluded on 7 and 19 December 2003 respectively between the Commission and the applicant, (ii) a declaration that the Commission decision to terminate those contracts is unlawful, (iii) annulment of the corresponding debit note and (iv) the payment of compensation for the harm suffered and, second, in the alternative a claim based on the non-contractual liability of the Commission.

Operative part of the judgment

The Court:






1.


Upholds the action of the European Medical Association (EMA) in so far as it seeks the reimbursement of direct staffing costs relating to the Cocoon and Dicoems contracts of EUR 17 231,28 and indirect related costs arising from the performance of the contracts.










2.


Dismisses the EMA’s action for the remainder.










3.


Dismisses the Commission’s counterclaim.










4.


Orders each party to bear its own costs, including those relating to the interim proceedings in Case T-116/11 R.






(1)  OJ C 120, 16.4.2011.
Case F-113/12: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2013 — Balionyte-Merle v Commission (Civil service — Open competition — Notice of competition EPSO/AD/204/10 — Failure to include the applicant on the reserve list — Assessment of candidates’ general competencies — Assessment on the basis of performance in tests at the assessment centre — Consistency between the mark obtained and comments appearing in the competency passport)
Date: 2013-12-11
Institutions: Civil Service Tribunal
Subjects: EPSO, competition (EU), recruitment








C_2014071EN.01003401.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/34






Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2013 — Balionyte-Merle v Commission
(Case F-113/12) (1)

(Civil service - Open competition - Notice of competition EPSO/AD/204/10 - Failure to include the applicant on the reserve list - Assessment of candidates’ general competencies - Assessment on the basis of performance in tests at the assessment centre - Consistency between the mark obtained and comments appearing in the competency passport)
(2014/C 71/65)
Language of the case: English

Parties


Applicant: Vilija Balionyte-Merle (Auderghem, Belgium) (represented by: L. Levi and A. Tymen, lawyers)

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

Re:

Application for annulment of the decision of the selection board not to include the applicant on the reserve list for competition EPSO/AD/204/10 and for annulment of the decision to reject the complaint.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


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






(1)  OJ C 26, 26.1.2013 p. 710.
Case T-123/12: Judgment of the General Court of 11 December 2013 — Smartbook v OHIM (SMARTBOOK) (Community trade mark — Application for Community word mark SMARTBOOK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-12-11
Institutions: General Court
Subjects: EU trade mark, electronic device, registered trade mark, trade-mark law








C_2014031EN.01001001.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/10





Judgment of the General Court of 11 December 2013 — Smartbook v OHIM (SMARTBOOK)
(Case T-123/12) (1)

(Community trade mark - Application for Community word mark SMARTBOOK - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009)
2014/C 31/16
Language of the case: German

Parties


Applicant: Smartbook AG (Offenburg, Germany) (represented by: C. Milbradt, A. Schwarz and F. Reiling, lawyers)

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

Intervener in support of the defendant: Qualcomm, Inc. (Dover, Delaware, United States) (represented by: A. Renck, A. Leister and V. von Bomhard, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2011 (Case R 799/2011-2), concerning an application for registration of the word sign SMARTBOOK as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Smartbook AG to pay the costs.






(1)  OJ C 157, 2.6.2012.
Case F-142/12: Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2013 — A v Commission (Civil service — Social security — Accident or occupational disease — Article 73 of the Staff Regulations — Partial permanent invalidity — Claim for compensation)
Date: 2013-12-11
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, disability insurance, indemnification, occupational disease








C_2014031EN.01002002.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/20





Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2013 — A v Commission
(Case F-142/12) (1)

(Civil service - Social security - Accident or occupational disease - Article 73 of the Staff Regulations - Partial permanent invalidity - Claim for compensation)
2014/C 31/34
Language of the case: French

Parties


Applicant: A (S., France) (represented by: B. Cambier, A. Paternostre and G. Ladrière, lawyers)

Defendant: European Commission (represented by: V. Joris, acting as Agent, C. Mélotte, lawyer)

Re:

Application for annulment of the Commission’s decision on the application for recognition of occupational disease, which the applicant brought under Article 73 of the Staff Regulations, conferring on him a partial permanent invalidity rate of 20 % and establishing the date of stabilisation as 25 February 2010, and a claim for compensation in respect of his material and non-material damage.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the European Commission of 11 January 2012 to close the procedure opened under Article 73 of the Staff Regulations of Officials of the European Union as a result of the occupational disease suffered by A;










2.


Orders the European Commission to pay to A the sum of EUR 3 500;










3.


Dismisses the action as to the remainder;










4.


Orders the European Commission to bear its own costs and to pay those incurred by A.






(1)  OJ C 26, 26.1.2013, p. 77.
Case T-591/11: Judgment of the General Court of 11 December 2013 — Przedsiębiorstwo Handlowe Medox Lepiarz Lepiarz v OHIM — Henkel (SUPER GLUE) (Community trade mark — Opposition proceedings — Application for Community figurative mark SUPER GLUE — Earlier Benelux word mark SUPERGLUE — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-12-11
Institutions: General Court
Subjects: EU trade mark, adhesive, registered trade mark, trade-mark law








C_2014031EN.01000901.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/9





Judgment of the General Court of 11 December 2013 — Przedsiębiorstwo Handlowe Medox Lepiarz Lepiarz v OHIM — Henkel (SUPER GLUE)
(Case T-591/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SUPER GLUE - Earlier Benelux word mark SUPERGLUE - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009)
2014/C 31/14
Language of the case: Polish

Parties


Applicant: Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław Lepiarz Alicja sp. j. (Jaworzno, Poland) (represented by: M. Konieczyński and I. Kubiec, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Henkel Corp. (Gulph Mills, Pennsylvania, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2011 (Case R 1147/2010-4) relating to opposition proceedings between Henkel Corp. and Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław Lepiarz Alicja sp.j.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław Lepiarz Alicja sp.j. to pay the costs.






(1)  OJ C 32, 4.2.2012.
European Parliament decision of 11 December 2013 on the nomination of Phil Wynn Owen as a Member of the Court of Auditors (C7-0313/2013 — 2013/0811(NLE))
Date: 2013-12-11
Institutions: Committee on Budgetary Control, European Parliament
Subjects: European Court of Auditors, appointment of members








C_2016468EN.01028001.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/280





P7_TA(2013)0559
Appointment of a member of the Court of Auditors (Phil Wynn Owen — UK)
European Parliament decision of 11 December 2013 on the nomination of Phil Wynn Owen as a Member of the Court of Auditors (C7-0313/2013 — 2013/0811(NLE))
(Consultation)
(2016/C 468/60)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0313/2013),










—


having regard to Rule 108 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0438/2013),










A.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










B.


whereas at its meeting of 7 November 2013 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;












1.


Delivers a favourable opinion on the Council’s nomination of Phil Wynn Owen as a Member of the Court of Auditors;












2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
European Parliament decision of 11 December 2013 on the nomination of Henri Grethen as a Member of the Court of Auditors (C7-0309/2013 — 2013/0807(NLE))
Date: 2013-12-11
Institutions: Committee on Budgetary Control, European Parliament
Subjects: European Court of Auditors, appointment of members








C_2016468EN.01028201.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/282





P7_TA(2013)0561
Appointment of a member of the Court of Auditors (Henri Grethen — LU)
European Parliament decision of 11 December 2013 on the nomination of Henri Grethen as a Member of the Court of Auditors (C7-0309/2013 — 2013/0807(NLE))
(Consultation)
(2016/C 468/62)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0309/2013),










—


having regard to Rule 108 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0439/2013),










A.


whereas at its meeting of 7 November 2013 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;










B.


whereas Henri Grethen fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the European Union;












1.


Delivers a favourable opinion on the Council’s nomination of Henri Grethen as a Member of the Court of Auditors;












2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.