do-me/EUR-LEX huggingface dataset:
Case F-4/13: Judgment of the Civil Service Tribunal (2nd Chamber) of 8 December 2014  — Cwik v Commission (Civil Service — Officials — Appraisal — Staff report — Appraisal period 1995/1997 — Enforcement of a judgment of the General Court — Application for annulment of the staff report — No referral to the Joint Committee on Staff Reports — Delay in the drawing up of the staff report — Action for damages)
Date: 2014-12-08
Institutions: Civil Service Tribunal
Subjects: European official, damages, indemnification, report, staff assessment








C_2015026EN.01004301.xml










26.1.2015   


EN


Official Journal of the European Union


C 26/43





Judgment of the Civil Service Tribunal (2nd Chamber) of 8 December 2014 — Cwik v Commission
(Case F-4/13) (1)

((Civil Service - Officials - Appraisal - Staff report - Appraisal period 1995/1997 - Enforcement of a judgment of the General Court - Application for annulment of the staff report - No referral to the Joint Committee on Staff Reports - Delay in the drawing up of the staff report - Action for damages))
(2015/C 026/55)
Language of the case: French

Parties


Applicant: Michael Cwik (Tervuren, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Application to annul the decision adopting the applicant’s staff report in respect of the period from 1995 to 1997 and an application for damages.

Operative part of the judgment

The Tribunal:






1.


Annuls the European Commission’s decision of 12 March 2012 definitively establishing Mr Cwik’s new staff report in respect of the appraisal period 1995/1997;










2.


Orders the European Commission to pay Mr Cwik the sum of EUR 15  000 by way of compensation for the non-material harm suffered;










3.


Dismisses the action as to the remainder;










4.


Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Mr Cwik.






(1)  OJ C 108, 13/4/2013, p. 38.
Case T-355/14 R: Order of the President of the General Court of 8 December 2014  — STC v Commission (Interim measures — Public services contracts — Tendering procedure — Construction and maintenance of a tri-generation plant — Rejection of tender submitted by a tenderer — Application for interim measures — Prima facie case not made out)
Date: 2014-12-08
Institutions: General Court
Subjects: access to information, invitation to tender, provision of documents, refusal to bid, services contract








C_2015056EN.01002301.xml










16.2.2015   


EN


Official Journal of the European Union


C 56/23





Order of the President of the General Court of 8 December 2014 — STC v Commission
(Case T-355/14 R)
((Interim measures - Public services contracts - Tendering procedure - Construction and maintenance of a tri-generation plant - Rejection of tender submitted by a tenderer - Application for interim measures - Prima facie case not made out))
(2015/C 056/32)
Language of the case: Italian

Parties


Applicant: STC SpA (Forlì, Italy) (represented by: A. Marelli and G. Delucca, lawyers)

Defendant: European Commission (represented by: L. Cappelletti, L. Di Paolo and F. Moro, acting as Agents)

Re:

In essence (i) an application to suspend the operation of the Commission’s decision of 3 April 2014 in which the Commission rejected the tender submitted by STC in tendering procedure JRC IPR 2013 C04 0031 OC for the construction and maintenance of a tri-generation plant with a gas turbine on the Ispra (Italy) site of its Joint Research Centre (JRC) (OJ 2013/S 137-237146), the decision in which the Commission awarded the contract to CPL Concordia and consequently all other subsequent decisions; and (ii) an application to suspend the operation of the Commission’s decision to refuse the request for access to the documents and an interim measure to allow the full exercise of the right of access to the tender documents.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case T-811/14: Action brought on 8 December 2014 — Unilever v OHIM — Technopharma (Fair & Lovely)
Date: 2014-12-08
Institutions: General Court
Subjects: EU trade mark, cosmetics industry, registered trade mark, trade-mark law








C_2015073EN.01004101.xml










2.3.2015   


EN


Official Journal of the European Union


C 73/41






Action brought on 8 December 2014 — Unilever v OHIM — Technopharma (Fair & Lovely)
(Case T-811/14)
(2015/C 073/53)
Language in which the application was lodged: English

Parties


Applicant: Unilever NV (Rotterdam, Netherlands) (represented by: A. Fox, Solicitor)

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

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

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘Fair & Lovely’ — Application for registration No 4 045 092

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 6 October 2014 in Case R 1004/2013-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and grant a suspension of the proceedings in Case R 1004/2013-4 pending determination of the national cancellation actions against the prior national registrations and application relied on by Technopharma Ltd. in Spain, Germany, France, the Benelux ant the United Kingdom;










—


order OHIM and any intervener to pay the costs.





Pleas in law







—


Infringement of Articles 64(1) and 75 of Regulation No 207/2009;










—


Infringement of Rules 20(7)(c) and 50(1) of Regulation No 2868/95.
Case F-137/14: Action brought on 8 December 2014  — ZZ v Commission
Date: 2014-12-08
Institutions: Civil Service Tribunal
Subjects: European External Action Service, European official, damages, indemnification, termination of a contract








C_2015034EN.01005402.xml










2.2.2015   


EN


Official Journal of the European Union


C 34/54





Action brought on 8 December 2014 — ZZ v Commission
(Case F-137/14)
(2015/C 034/67)
Language of the case: German

Parties


Applicant: ZZ (represented by: H. Tettenborn, lawyer)

Defendant: Commission

Subject-matter and description of the proceedings

Annulment of the decision of the European External Action Service of 29 January 2014 to terminate the applicant’s employment under a contract of indefinite duration and a claim for damages for the moral prejudice and non-pecuniary harm suffered by him.

Form of order sought







—


Annul the decision notified to the applicant by letter of the EEAS of 29 January 2014, by which the applicant’s employment was terminated on seven months’ notice at midnight on 31 August 2014;










—


Order the EEAS to pay the applicant compensation of an appropriate amount, as assessed by the Tribunal, in respect of the moral prejudice and non-pecuniary harm suffered by him as a result of the decision of the EEAS referred to above;










—


Order the EEAS to compensate the applicant in full for the material harm suffered by him, in particular by payment of all outstanding remuneration and all other expenses caused to the applicant by the unlawful conduct of the EEAS (net of unemployment benefit received or income from work);
In the alternative, in the event that, for legal or factual reasons, the applicant is not reinstated in the service and/or further employed under the previous conditions, order the EEAS to pay the applicant compensation for material harm suffered by him as a result of the unlawful termination of his employment in the amount of the difference between his actual expected income and the income which the applicant would have received had the contract continued to run, having regard to pension benefits and other entitlements; and










—


Order the EEAS to pay the costs of the proceedings.
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2014-12-08
Institutions: Court of Justice of the European Union
Subjects: Court of Justice (EU)








C_2014439EN.01000101.xml










8.12.2014   


EN


Official Journal of the European Union


C 439/1





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

(2014/C 439/01)

Last publication


OJ C 431, 1.12.2014


Past publications


OJ C 421, 24.11.2014


OJ C 409, 17.11.2014


OJ C 395, 10.11.2014


OJ C 388, 3.11.2014


OJ C 380, 27.10.2014


OJ C 372, 20.10.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Case C-453/12: Order of the President of the Court of 8 December 2014  — European Commission v Council of the European Union
Date: 2014-12-08
Institutions: Court of Justice
Subjects: European official, pension scheme, regulations for civil servants, servant (EU)








C_2015065EN.01002701.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/27





Order of the President of the Court of 8 December 2014 — European Commission v Council of the European Union
(Case C-453/12) (1)

(2015/C 065/37)
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 379, 8.12.2012.