do-me/EUR-LEX huggingface dataset:
Case C-279/15 P: Appeal brought on 10 June 2015 by Alexandre Borde and Carbonium against the order of the General Court (Third Chamber) delivered on 25 March 2015 in Case T-314/14: Borde and Carbonium v Commission
Date: 2015-06-10
Institutions: Court of Justice
Subjects: EU Charter of Fundamental Rights, EU law, rights of the defence








C_2015294EN.01002802.xml










7.9.2015   


EN


Official Journal of the European Union


C 294/28






Appeal brought on 10 June 2015 by Alexandre Borde and Carbonium against the order of the General Court (Third Chamber) delivered on 25 March 2015 in Case T-314/14: Borde and Carbonium v Commission
(Case C-279/15 P)
(2015/C 294/35)
Language of the case: English

Parties


Appellants: Alexandre Borde and Carbonium SAS (represented by: A.B.H. Herzberg, Rechtsanwalt)

Other party to the proceedings: European Commission

Form of order sought

The applicants claim that the Court should:






—


Set aside the order of the General Court of 25 March 2015, whereby it:






a.


dismisses the applications as inadmissible; and










b.


orders the Applicants to bear their own costs and the costs incurred by the Commission.














—


Declare admissible the Appellants’ application for annulment;
and






a.)


Give final judgment in the matter;
or, alternatively










b)


Refer the case back to the General Court for judgment on the merits;














—


Alternatively: refer the case back to the General Court for consideration of the issue of admissibility joined to the merits, and for judgment accordingly;










—


Order the Commission to pay the costs pursuant to Article 184, first paragraph of the Rules of Procedure of the Court of Justice.





Pleas in law and main arguments

The appellants submit that the dismissal of their action for annulment was unlawful because (i) the General Court provided an inaccurate and distorted statement of facts, thus disregarding the Appellants’ right to be heard; (ii) in applying Article 263(4) TFEU, the General Court incorrectly narrowed down challengeable acts to acts under Article 288 TFEU; (iii) the General Court erred in finding that the contested measures are not decisions under Article 288(4) TFEU; (iv) in applying Article 263(4) TFEU, the General Court incorrectly considered decisive whether or not the challenged act is ‘
            separable from the contractual framework’
             and failed to take into account other relevant factors; (v) in applying Article 263(4) TFEU, the General Court incorrectly applied criteria developed for bipolar cases to a tripolar case; (vi) the General Court failed to consider the Appellants’ right to an effective judicial remedy as protected under the European Convention for Human Rights and the Charter of Fundamental Rights.
Commission Decision (EU) 2015/894 of 10 June 2015 appointing a member of the European Statistical Advisory Committee
Date: 2015-06-10
Institutions: European Commission
Subjects: EU statistics, advisory committee (EU), appointment of members








L_2015146EN.01002901.xml










11.6.2015   


EN


Official Journal of the European Union


L 146/29








            COMMISSION DECISION (EU) 2015/894
of 10 June 2015
         
appointing a member of the European Statistical Advisory Committee


THE EUROPEAN COMMISSION,

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


Having regard to Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EEC (1), and in particular Article 4(1)(a) thereof,

Whereas:







(1)


The European Statistical Advisory Committee (ESAC) comprises 24 members.












(2)


Under Article 4(1) of Decision No 234/2008/EC, 12 members of the ESAC shall be appointed by the Commission.












(3)


By Commission Decision No 2014/C 138/02 of 5 May 2014, the Commission appointed 8 members of the ESAC and established a reserve list to be used in case of resignation or unexpected unavailability of an appointed member.












(4)


As one of the members appointed by Decision No 2014/C 138/02 has resigned, the Commission should appoint a new member of the ESAC from the reserve list, for a term expiring on the same day as that of the members appointed by Decision No 2014/C 138/02.












(5)


Selection from the reserve list should endeavour to maintain the balance between user groups,





HAS ADOPTED THIS DECISION:



Article 1
Ms Asta Manninen is hereby appointed as a member of the European Statistical Advisory Committee for a term expiring on 8 May 2019.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 10 June 2015.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 73, 15.3.2008, p. 13.