do-me/EUR-LEX huggingface dataset:
Case F-124/14: Action brought on 27 October 2014  — ZZ v Commission
Date: 2014-10-27
Institutions: Civil Service Tribunal
Subjects: remuneration of work








C_2015007EN.01005902.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/59





Action brought on 27 October 2014 — ZZ v Commission
(Case F-124/14)
(2015/C 007/76)
Language of the case: French

Parties


Applicant: ZZ (represented by: J.-N. Louis, R. Metz and D. Verbeke, lawyers)

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision not to increase the salary of the applicant, who is a member of the contract staff, in the light of the increase in working hours to 40 hours per week as a consequence of the entry into force of the new Staff Regulations on 1 January 2014.

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the applicant’s salary statement for January 2014 and the statements for the subsequent months insofar as they do not provide for the additional monthly amount calculated in accordance with Articles 6 and 7 of the GIP No 1287 of 27 April 2005 and taking account of the increase in working hours;










—


Order the Commission to pay the costs.
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2014-10-27
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2014380EN.01000101.xml










27.10.2014   


EN


Official Journal of the European Union


C 380/1





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

2014/C 380/01

Last publication


OJ C 372, 20.10.2014


Past publications


OJ C 361, 13.10.2014


OJ C 351, 6.10.2014


OJ C 339, 29.9.2014


OJ C 329, 22.9.2014


OJ C 315, 15.9.2014


OJ C 303, 8.9.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Case C-478/14: Reference for a preliminary ruling from the Tribunale ordinario di Cagliari (Italy) lodged on 27 October 2014  — Criminal proceedings against Roberto Siddu
Date: 2014-10-27
Institutions: Court of Justice
Subjects: award of contract, invitation to tender, service concession, transparency in decision-making








C_2015007EN.01001701.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/17





Reference for a preliminary ruling from the Tribunale ordinario di Cagliari (Italy) lodged on 27 October 2014 — Criminal proceedings against Roberto Siddu
(Case C-478/14)
(2015/C 007/22)
Language of the case: Italian

Referring court

Tribunale ordinario di Cagliari

Party to the main proceedings

Roberto Siddu

Questions referred







1.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in [Joined Cases C-72/10 and C 77/10 Costa and Cifone [2012] ECR] to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in Costa and Cifone to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?
Case C-476/14: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 October 2014  — Citroën Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs e.V. (ZLW)
Date: 2014-10-27
Institutions: Court of Justice
Subjects: compulsory expenditure, consumer information, publishing of prices, selling price








C_2014462EN.01001801.xml










22.12.2014   


EN


Official Journal of the European Union


C 462/18





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 October 2014 — Citroën Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs e.V. (ZLW)
(Case C-476/14)
(2014/C 462/28)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant on a point of law: Citroën Commerce GmbH

Respondent in the appeal on a point of law: Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs e.V. (ZLW)

Questions referred







1.


Does an advertisement for a product which indicates the price to be paid for it constitute an offer within the meaning of Article 1 of Directive 98/6/EC (1)?
If the first question is to be answered in the affirmative:










2.


In the case of an offer within the meaning of Article 1 of Directive 98/6/EC, must the selling price to be indicated in accordance with Article 1 and the first sentence of Article 3(1) also include costs necessarily incurred in connection with the transfer of a motor vehicle from the manufacturer to the dealer?
If the first or the second question is to be answered in the negative:










3.


In the case of an invitation to purchase within the meaning of Article 2(i) of Directive 2005/29/EC (2), must the ‘price inclusive of taxes’ to be indicated in accordance with the provision governing the first scenario contemplated in Article 7(4)(c) of Directive 2005/29/EC also include, in the case of a motor vehicle, costs necessarily incurred in connection with the transfer of the vehicle from the manufacturer to the dealer?






(1)  Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ 1998 L 80, p. 27).

(2)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).
Case T-736/14: Action brought on 27 October 2014 — Monster Energy v OHIM — Home Focus (MoMo Monsters)
Date: 2014-10-27
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2014448EN.01003601.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/36





Action brought on 27 October 2014 — Monster Energy v OHIM — Home Focus (MoMo Monsters)
(Case T-736/14)
(2014/C 448/45)
Language in which the application was lodged: English

Parties


Applicant: Monster Energy Company (Corona, United States) (represented by: P. Brownlow, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Home Focus Development Ltd (Tortola, British Virgin Islands)

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: The word mark ‘MoMo Monsters’ — Community trade mark application No 1 0 5 13  372

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 7 August 2014 in Case R 1167/2013-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs.





Plea in law







—


Infringement of Articles 8(1)(b) and 8(5) of Regulation No 207/2009.
Case F-125/14: Action brought on 27th October 2014 — ZZ v Parliament
Date: 2014-10-27
Institutions: Civil Service Tribunal
Subjects: severance pay, unfair dismissal








C_2015007EN.01006001.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/60





Action brought on 27th October 2014 — ZZ v Parliament
(Case F-125/14)
(2015/C 007/77)
Language of the case: English

Parties


Applicant: ZZ (represented by: L. Levi and C. Bernard-Glanz, lawyers)

Defendant: Parliament

Subject-matter and description of the proceedings

The annulment of the decision of the Parliament to dismiss the applicant and the payment of damages.

Form of order sought







—


Annul the contested decision and, so far as necessary, the decision rejecting the complaint;










—


order the defendant to pay the applicant the salary and allowances she should have earned until the end of the 2009-2014 legislature;










—


order the defendant to award the applicant an amount of 50  000 €, ex aequo et bono, and subject to increase or decrease in the course of the proceedings, as compensation for the damage resulting from the loss of the chance to securing a job at the European Parliament after the 2009-2014 legislature;










—


order the defendant to award the applicant an amount of 15  000 €, ex aequo et bono, and subject to increase or decrease in the course of the proceedings, as compensation for the non-material damage suffered;










—


order the defendant to pay the costs.
Case T-703/14 R: Order of the Judge hearing the Application for Interim Measures of 27 October 2014  — Diktyo Amyntikon Viomichanion Net v Commission (Interim proceedings — Grant agreements — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Debit note addressed to a contracting party — Application for suspension of operation of a measure — Case not suitable for the adoption of interim relief)
Date: 2014-10-27
Institutions: General Court
Subjects: Framework Programme for Research and Development, debt, economic support








C_2015026EN.01003502.xml










26.1.2015   


EN


Official Journal of the European Union


C 26/35





Order of the Judge hearing the Application for Interim Measures of 27 October 2014 — Diktyo Amyntikon Viomichanion Net v Commission
(Case T-703/14 R)
((Interim proceedings - Grant agreements - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Debit note addressed to a contracting party - Application for suspension of operation of a measure - Case not suitable for the adoption of interim relief))
(2015/C 026/45)
Language of the case: Greek

Parties


Applicant: Diktyo Amyntikon Viomichanion Net AEVE (Kaisariani, Greece) (represented by: K. Damis, lawyer)

Defendant: European Commission (represented by: R. Lyal and M. Konstantinidis, acting as Agents)

Re:

Application for the suspension of operation of a debit note addressed to the applicant within the framework of a grant agreement and of any other relevant act.

Operative part of the order

The Court:






1.


Dismisses the application for interim measures;










2.


Reserves the costs.
Case C-477/14: Reference for a preliminary ruling from High Court of Justice Queen's Bench Division (Administrative Court) (England and Wales) (United Kingdom) made on 27 October 2014 — Pillbox 38 (UK) Limited, trading as ‘Totally Wicked’ v Secretary of State for Health
Date: 2014-10-27
Institutions: Court of Justice
Subjects: approximation of laws, electronic device, marketing standard, principle of legal certainty, principle of proportionality, principle of subsidiarity, restriction on competition, tobacco








C_2015007EN.01001601.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/16





Reference for a preliminary ruling from High Court of Justice Queen's Bench Division (Administrative Court) (England and Wales) (United Kingdom) made on 27 October 2014 — Pillbox 38 (UK) Limited, trading as ‘Totally Wicked’ v Secretary of State for Health
(Case C-477/14)
(2015/C 007/21)
Language of the case: English

Referring court

High Court of Justice Queen's Bench Division (Administrative Court)

Parties to the main proceedings


Applicant: Pillbox 38 (UK) Limited, trading as ‘Totally Wicked’

Defendant: Secretary of State for Health

Questions referred

Is Article 20 of Directive 2014/40/EU of the European Parliament and of the Council of April 2014 (1) on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (2) invalid, either in whole or in a relevant part, for one or more of the following reasons:






—


It imposes either as a whole or in a relevant part a series of obligations on electronic cigarette manufacturers and/or retailers which infringe the principle of proportionality, read in conjunction with the principle of legal certainty?










—


For equivalent or similar reasons, it fails to comply with the principle of equality and/or unlawfully distorts competition?










—


It fails to comply with the principle of subsidiarity?










—


It infringes the rights of electronic cigarette manufacturers or retailers under Articles 16 and/or 17 of the Charter of Fundamental Rights?






(1)  OJ L 127, p. 1.

(2)  OJ L 194, p. 26.
Case F-122/14: Action brought on 27 October 2014  — ZZ v Commission
Date: 2014-10-27
Institutions: Civil Service Tribunal
Subjects: regulations for civil servants, retirement conditions, servant (EU), working conditions








C_2015007EN.01005801.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/58





Action brought on 27 October 2014 — ZZ v Commission
(Case F-122/14)
(2015/C 007/74)
Language of the case: French

Parties


Applicant: ZZ (represented by: J.-N. Louis, R. Metz and D. Verbeke, lawyers)

Defendant: Commission

Subject-matter and description of the proceedings

On one hand, the finding of the inapplicability of Regulation 1023/2013 of the 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 in that it provides for the suspension of the method of adjusting remuneration and introduces a solidarity levy, and, on the other hand, the annulment of the decision of the Council applying that solidarity levy from 1 January 2014 to the applicant’s remuneration although his remuneration is not subject to adjustment for the period between 1 January 2014 and 30 June 2015.

Form of order sought







—


Declare the inapplicability of Regulation 1023/2013 in that it provides for the suspension from 1 July 2013 to 30 June 2015 of the method of adjusting remuneration set out in Annex XI to the Staff Regulations while reintroducing, for the same period, a collection of a ‘solidarity’ levy of 6 %;










—


Consequently, annul the contested decision;










—


Order the Commission to pay the costs.
Case T-741/14: Action brought on 27 October 2014 — Hersill v OHIM — KCI Licensing (VACUP)
Date: 2014-10-27
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2014448EN.01003701.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/37





Action brought on 27 October 2014 — Hersill v OHIM — KCI Licensing (VACUP)
(Case T-741/14)
(2014/C 448/46)
Language in which the application was lodged: English

Parties


Applicant: Hersill, SL (Móstoles, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Other party to the proceedings before the Board of Appeal: KCI Licensing, Inc. (San Antonio, United States)

Details of the proceedings before OHIM


Applicant: The other party to the proceedings before the Board of Appeal

Trade mark at issue: Community trade mark application No 9 9 43  499

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 14 August 2014 in Case R 1520/2013-2

Form of order sought

The applicant claims that the Court should:






—


declare the present appeal as well founded and annul the contested decision;










—


order OHIM and the other party to the proceedings before the Board of Appeal, should they appear as parties in the present process, to pay the costs.





Pleas in law







—


Infringement of Article 42(2) of Regulation No 207/2009 and of Rule 22(3) of Regulation No 2868/95;










—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case F-121/14: Action brought on 27 October 2014  — ZZ v Council
Date: 2014-10-27
Institutions: Civil Service Tribunal
Subjects: remuneration of work, tax on employment income








C_2015007EN.01005702.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/57





Action brought on 27 October 2014 — ZZ v Council
(Case F-121/14)
(2015/C 007/73)
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi and N. Flandin, lawyers)

Defendant: Council

Subject-matter and description of the proceedings

Annulment of the Council decision to apply a solidarity levy, as from 1 January 2014, to the applicant’s remuneration and not to adjust his remuneration for the period from 1 January 2014 to 30 June 2015.

Form of order sought







—


Annul the express decision applying a solidarity levy from 1 January 2014 to 30 June 2015 even though there is a remuneration adjustment freeze covering the period from 1 January 2014 to 30 June 2015 and,










—


annul the implied decision not to apply an annual adjustment of the applicant’s remuneration for the period from 1 January 2014 to 30 June 2015, those two decisions having been disclosed for the first time in the applicant’s payslip for January 2014 and notified on 14 January 2014;










—


in so far as necessary, annul the decision of 17 July 2014 rejecting the complaint;










—


order the Council to pay all the costs.
Case F-123/14: Action brought on 27 October 2014  — ZZ v Committee of the Regions
Date: 2014-10-27
Institutions: Civil Service Tribunal
Subjects: regulations for civil servants, retirement conditions, servant (EU), working conditions








C_2015007EN.01005901.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/59





Action brought on 27 October 2014 — ZZ v Committee of the Regions
(Case F-123/14)
(2015/C 007/75)
Language of the case: French

Parties


Applicant: ZZ (represented by: J.-N. Louis, R. Metz and D. Verbeke, lawyers)

Defendant: Committee of the Regions

Subject-matter and description of the proceedings

Application for annulment of the decision of the Committee of the Regions to apply a solidarity levy from 1 January 2014 to the applicant’s remuneration and not to adjust his remuneration in respect of the period from 1 January 2014 to 30 June 2015.

Form of order sought

The applicant claims that the Tribunal should:






—


Declare that Regulation No 1023/2013 is inapplicable in so far as it provides for the suspension from 1 July 2013 to 30 June 2015 of the method of adjustment of remunerations fixed in Article XI of the Staff Regulations, while reintroducing, in respect of the same period, a ‘solidarity’ levy of 6 %;










—


As a result, annul the contested decision;










—


Order the Committee of the Regions to pay the costs.