do-me/EUR-LEX huggingface dataset:
Case F-99/14: Action brought on 29 September 2014  — ZZ v Council
Date: 2014-09-29
Institutions: Civil Service Tribunal
Subjects: allowances and expenses, damages, foreign national, indemnification, redemption, residence








C_2014448EN.01004002.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/40





Action brought on 29 September 2014 — ZZ v Council
(Case F-99/14)
(2014/C 448/51)
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

The partial annulment of two of the Council’s Staff Notes in so far as they link entitlement to reimbursement of travel expenses from the place of employment to the place of origin and of the travelling time to the expatriation or foreign residence allowance and an order that the defendant pay damages for the material and non-material harm allegedly suffered.

Form of order sought

The applicant claims that the Tribunal should:






—


annul, pursuant to Article 270 TFEU, the decision contained in Staff Note (‘SN’) 13/14 (Decision No 2/2014) of 9 January 2014, which amended the regime applicable to travelling time, following the applicability from 1 January 2014 of the provision in Article 7 of Annex V to the Staff Regulations, and Staff Note (‘SN’) 9/14 (Decision No 12/2014), which amended the travel expenses regime following the applicability from 1 January 2014 of the provision in Article 8 of Annex VII to the Staff Regulations, amended by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, published in the Official Journal No L 187 of 29 October 2013. The application for annulment is limited to the part of the SN which links entitlement to travel expenses and to travelling time to the expatriation or foreign residence allowance and to Article 6 of the SN 9/14 which introduced new criteria for the determination of the place of origin;










—


order the defendant to pay the applicant EUR 1 69  051 ,96 in respect of the material harm suffered and EUR 40  000 in respect of the non-material harm suffered;










—


order the defendant to pay damages plus default interest at the rate of 6,75 in respect of the material and non-material harm suffered;










—


order the Council to pay the costs.
Case C-455/14 P: Appeal brought on 29 September 2014 by H against the order of the General Court (Ninth Chamber) delivered on 10 July 2014 in Case T-271/10: H v Council of the European Union, European Commission, European Police Mission in Bosnia-Herzegovina ( ‘EUPM’ )
Date: 2014-09-29
Institutions: Court of Justice
Subjects: Bosnia and Herzegovina, damages, indemnification, infringement of EU law, reassignment, rights of the defence








C_2014448EN.01001001.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/10





Appeal brought on 29 September 2014 by H against the order of the General Court (Ninth Chamber) delivered on 10 July 2014 in Case T-271/10: H v Council of the European Union, European Commission, European Police Mission in Bosnia-Herzegovina (‘EUPM’)
(Case C-455/14 P)
(2014/C 448/13)
Language of the case: English

Parties


Appellant: H (represented by: M. Velardo, avvocato)

Other parties to the proceedings: Council of the European Union, European Commission

Form of order sought

The applicant claims that the Court should:






—


set aside the order of the General Court of 10 July 2014 in Case T-271/10 H v. Council of the European Union, European Commission and ‘EUPM’, insofar as it rejects the Applicant’s action seeking the annulment of the decision of 7 April 2010, signed by the Head of the personnel of the EUPM, by which the Applicant was redeployed to the post of ‘Criminal Justice Adviser-Prosecutor’ in the regional office of Banja Luka (Bosnia and Herzegovina) and, if necessary, of the decision of 30 April 2010, signed by the Head of Mission, referred to in Article 6 of the Council Decision 2009/906/CFSP of 8 December 2009, on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and second, for damages;










—


refer the case back to the General Court;










—


order the defendant at first instance to pay the costs of these proceedings.





Pleas in law and main arguments

The Appellant is putting forward the following pleas in law:






—


Infringement of the right of defence










—


Infringement of Article 114 of the Rules of Procedure










—


Error in law










—


Infringement of European Law






(1)  OJ L 322, p. 22
Case F-98/14: Action brought on 29 September 2014 — ZZ v Council
Date: 2014-09-29
Institutions: Civil Service Tribunal
Subjects: European official, allowances and expenses, damages, expatriate worker, interest, staff regulations (EU)








C_2014431EN.01005001.xml










1.12.2014   


EN


Official Journal of the European Union


C 431/50





Action brought on 29 September 2014 — ZZ v Council
(Case F-98/14)
(2014/C 431/79)
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Action seeking (i) the partial annulment of two Council Staff Notes in so far as they link obtaining reimbursement of travel expenses from the place of employment to the place of origin and obtaining travelling time to the expatriation and foreign residence allowances and (ii) an order for the defendant to pay damages for the material and non-material harm which the applicant claims to have suffered.

Form of order sought

The applicant claims that the Tribunal should:






—


Pursuant to Article 270 TFEU, annul the decision in Staff Note (‘SN’) 13/14 of 9 January 2014 (Decision No 2/2014), amending the rules on travelling time following the date of application (1 January 2014) of Article 7 of Annex V to the Staff Regulations, and annul the decision in Staff Note (‘SN’) 9/14 (Decision No 12/2014), amending the rules on travel expenses following the date of application (1 January 2014) of Article 8 of Annex VII to the Staff Regulations, as amended by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, published in Official Journal
L 287 of 29 October 2013. The application for annulment is limited to the part of the SNs which links the right to travel expenses and travelling time to the expatriation and foreign residence allowances and to Article 6 of SN 9/14, which introduced new criteria for determining the place of origin;










—


order the Council to pay the applicant EUR 1 65  596,42 for the material damage suffered and EUR 40  000 for the non-material damage suffered;










—


order the Council to pay default and compensatory interest at a rate of 6,75 % for the material and non-material damage suffered;










—


order the Council to pay the costs.
Case C-453/14: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 29 September 2014  — Vorarlberger Gebietskrankenkasse, Alfred Knauer
Date: 2014-09-29
Institutions: Court of Justice
Subjects: Austria, Liechtenstein, pension scheme, social-security contribution, social-security harmonisation








C_2014462EN.01001501.xml










22.12.2014   


EN


Official Journal of the European Union


C 462/15





Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 29 September 2014 — Vorarlberger Gebietskrankenkasse, Alfred Knauer
(Case C-453/14)
(2014/C 462/24)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicants: Vorarlberger Gebietskrankenkasse, Alfred Knauer

Defendant: Landeshauptmann von Vorarlberg

Intervening party: Rudolf Mathis

Questions referred

Is Article 5 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), having regard to Article 45 TFEU, to be interpreted as meaning that old-age pensions under an occupational pension scheme (which is initiated and guaranteed by the state, is intended to enable the previous standard of living of the individual concerned to be maintained in an appropriate way, operates on the basis of the principle of capitalisation, is compulsory in principle but may also provide for ‘supplementary, non-compulsory’ contributions that exceed the statutory minimum amount and for correspondingly higher benefits, and the implementation of which falls to a pension fund to be set up or used by the employer, such as — in the present case — the ‘second-pillar’ pension scheme in Liechtenstein), and old-age pensions under a statutory pension scheme (which is likewise initiated and guaranteed by the state, is intended to enable the previous standard of living of the individual concerned to be maintained in an appropriate way, but operates on the basis of the ‘pay-as-you-go’ principle, and the implementation of which falls to pension insurance funds established by statute, such as — in the present case — Austria’s pension scheme) are ‘equivalent’ within the meaning of the abovementioned provision?


(1)  OJ 2004 L 166, p. 1.
Case F-100/14: Action brought on 29 September 2014  — ZZ and Others v Council
Date: 2014-09-29
Institutions: Civil Service Tribunal
Subjects: European civil service, allowances and expenses, redemption








C_2014448EN.01004101.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/41





Action brought on 29 September 2014 — ZZ and Others v Council
(Case F-100/14)
(2014/C 448/52)
Language of the case: French

Parties


Applicants: ZZ and Others (represented by: S. Orlandi, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Application for a declaration that Article 7 of Annex V to the Staff Regulations of Officials, as amended by Regulation No 1023/2013 of the Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials and the CEOS, and Article 8 of Annex VII thereto, are inapplicable, and for the annulment of the decisions withdrawing entitlement to reimbursement of travel expenses from the place of employment to the place of origin and withdrawing entitlement to travelling time.

Form of order sought

The applicants claim that the Tribunal should:






—


Declare unlawful Article 7 of Annex V to the Staff Regulations and Article 8 of Annex VII to the Staff Regulations;










—


Annul the decision not to award from 2014 onwards any travelling time or the reimbursement of annual travel expenses to the applicants;










—


Order the Council to pay the costs.
2014/694/EU: Council Decision of 29 September 2014 appointing three French members and two French alternate members of the Committee of the Regions
Date: 2014-09-29
Institutions: Council of the European Union
Subjects: European Committee of the Regions, France, appointment of members








L_2014289EN.01002201.xml










3.10.2014   


EN


Official Journal of the European Union


L 289/22








            COUNCIL DECISION
         
of 29 September 2014
         
appointing three French members and two French alternate members of the Committee of the Regions

(2014/694/EU)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the French Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


Three members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Bruno BOURG-BROC, Mr Michel DELEBARRE and Mr Jean-Louis JOSEPH.












(3)


Two alternate members' seats have become vacant following the end of the terms of office of Mr Jean-Michel DACLIN and Ms Claudine LEDOUX,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






a)


as members:






—


Mr Bruno BOURG-BROC, Conseiller municipal de Châlons-en-Champagne (change of mandate)










—


Mr Michel DELEBARRE, Conseiller municipal de Dunkerque (change of mandate)










—


Ms Françoise MESNARD, Maire de Saint-Jean d'Angély





and










b)


as alternate members:






—


Ms Karine DOGNIN-SAUZE, Adjointe au Maire de Lyon











—


Mr Dominique LEVEQUE, Maire d'Aÿ.










Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 29 September 2014.


For the Council


The President

S. GOZI
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-452/14: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 29 September 2014  — Agenzia Italiana del Farmaco (AIFA), Ministry for Health v Doc Generici srl
Date: 2014-09-29
Institutions: Court of Justice
Subjects: market approval, medicinal product, tax








C_2014448EN.01000802.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/8





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 29 September 2014 — Agenzia Italiana del Farmaco (AIFA), Ministry for Health v Doc Generici srl
(Case C-452/14)
(2014/C 448/11)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: Agenzia Italiana del Farmaco (AIFA), Ministry for Health

Defendant: Doc Generici srl

Questions referred







1.


Must Article 3(2)(a) of Council Regulation (EC) No 297/95 of 10 February 1995 (1), in the version currently in force, be interpreted as meaning that Type I marketing authorisation variations — and, in particular, in respect of the case in the main proceedings, Type IA variations — where an identical variation affecting several authorisations belonging to the same holder are concerned, are subject to a single fee, to the extent specified therein, or to as many fees as there are authorisations affected by the variation?










2.


In the circumstances in the present proceedings, may or must, as held by this Chamber, the question be referred to the Court of Justice?






(1)  Council Regulation (EC) No 297/95 of 10 February 1995 on fees payable to the European Agency for the Evaluation of Medicinal Products (OJ 1995 L 35, 15.2.1995, p. 1).
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2014-09-29
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2014339EN.01000101.xml










29.9.2014   


EN


Official Journal of the European Union


C 339/1





Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

2014/C 339/01

Last publication


OJ C 329, 22.9.2014


Past publications


OJ C 315, 15.9.2014


OJ C 303, 8.9.2014


OJ C 292, 1.9.2014


OJ C 282, 25.8.2014


OJ C 261, 11.8.2014


OJ C 253, 4.8.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Sakharov notepad 2014.
Date: 2014-09-29
Institutions: European Parliament
Subjects: cultural prize, human rights

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2014/693/EU: Council Decision of 29 September 2014 appointing a Polish member of the European Economic and Social Committee
Date: 2014-09-29
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Poland, appointment of members








L_2014289EN.01002101.xml










3.10.2014   


EN


Official Journal of the European Union


L 289/21








            COUNCIL DECISION
         
of 29 September 2014
         
appointing a Polish member of the European Economic and Social Committee

(2014/693/EU)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Polish Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Ms Marzena MENDZA-DROZD,





HAS ADOPTED THIS DECISION:



Article 1
Mr Michal Grzegorz MODRZEJEWSKI is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 29 September 2014.


For the Council


The President

S. GOZI
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case T-697/14: Action brought on 29 September 2014  — MIP Metro v OHIM — Associated Newspapers (METRO)
Date: 2014-09-29
Institutions: General Court
Subjects: EU trade mark, press agency, registered trade mark, trade-mark law








C_2014409EN.01005901.xml










17.11.2014   


EN


Official Journal of the European Union


C 409/59





Action brought on 29 September 2014 — MIP Metro v OHIM — Associated Newspapers (METRO)
(Case T-697/14)
2014/C 409/80
Language in which the application was lodged: German

Parties


Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J. Plate and R. Kaase, lawyers)

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

Other party to the proceedings before the Board of Appeal: Associated Newspapers Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 July 2014 in Case R 606/2013-5, in so far as it annulled the Opposition Division’s decision of 4 March 2013 concerning the opposition against Community trade mark application No 7 79  116‘METRO’ and referred the case back to the Opposition Division for examination and a decision on the case;










—


Order the defendant to pay the costs, including 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 including the word element METRO for goods and services in Classes 9, 16, 35, 36, 38, 39, 41 and 42 — Community trade mark application No 7 79  116

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 national word mark ‘METRO’

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the Opposition Division’s decision was annulled and the case was referred back to the Opposition Division

Pleas in law: Infringement of Article 74(2) of Regulation No 40/94