do-me/EUR-LEX huggingface dataset:
Case C-338/15 P: Appeal brought on 7 July 2015 by Claire Staelen against the judgment of the General Court (Fourth Chamber) delivered on 29 April 2015 in Case T-217/11 Staelen v European Ombudsman
Date: 2015-07-07
Institutions: Court of Justice
Subjects: European official, competition (EU), damages, job application, mediator








C_2015294EN.01004301.xml










7.9.2015   


EN


Official Journal of the European Union


C 294/43






Appeal brought on 7 July 2015 by Claire Staelen against the judgment of the General Court (Fourth Chamber) delivered on 29 April 2015 in Case T-217/11 Staelen v European Ombudsman
(Case C-338/15 P)
(2015/C 294/55)
Language of the case: French

Parties


Appellant: Claire Staelen (represented by: V. Olona, avocate)

Other party to the proceedings: European Ombudsman

Form of order sought







—


set aside the judgment delivered on 29 April 2015 by the General Court in Case T-217/11 Staelen v European Ombudsman;










—


therefore, uphold the appellant’s application for compensation for non-material damage suffered on account of the conduct adversely affecting her, the amount of which the appellant calculates at EUR 50  000;










—


rule according to the appellant’s pleas sought at first instance except her application for compensation for material damage;










—


order the defendant to pay the costs of both instances.





Pleas in law and main arguments

The appellant invokes six grounds in support of her appeal all alleging errors of law and distortion of the facts.
In the first place, the appellant considers that the General Court erred in law and distorted the facts in so far as the appellant refused to allow the investigation on the initiative of the Ombudsman. The General Court also distorted the subject-matter of the complaint.
In the second place, she claims that the General Court erred in law by incorrectly interpreting Article 228 TFEU and Decision 94/262 (1) by depriving them of effectiveness.
In the third place, she claims that the General Court distorted the facts with regard to the duration of the discrimination relating to inclusion in the lists of suitable candidates.
In the fourth place, she complains that the General Court distorted the facts and erred in law by holding that the Ombudsman did not infringe its duty of transparency and due diligence.
In the fifth place, she complains that the General Court declared inapplicable the Decision of the President of the European Parliament, of 23 February 2003, and the Code of Good Administrative Behaviour.
In the last place, she considers that the General Court was wrong to hold that the Ombudsman did not have to examine the entire destruction of the competition dossier.


(1)  Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (OJ 1994 L 113, p. 15).
P8_TA(2015)0241 Protection against injurious pricing of vessels ***I European Parliament legislative resolution of 7 July 2015 on the proposal for a regulation of the European Parliament and of the Council on protection against injurious pricing of vessels (codified text) (COM(2014)0605 — C8-0171/2014 — 2014/0280(COD)) P8_TC1-COD(2014)0280 Position of the European Parliament adopted at first reading on 7 July 2015 with a view to the adoption of Regulation (EU) 2016/… of the European Parliament and of the Council on protection against injurious pricing of vessels (codification)
Date: 2015-07-07
Institutions: Committee on Legal Affairs, European Parliament
Subjects: confidentiality, disclosure of information, export (EU), export price, infringement procedure (EU), prices policy, purchase price, shipbuilding, vessel








C_2017265EN.01016001.xml










11.8.2017   


EN


Official Journal of the European Union


C 265/160





P8_TA(2015)0241
Protection against injurious pricing of vessels ***I
European Parliament legislative resolution of 7 July 2015 on the proposal for a regulation of the European Parliament and of the Council on protection against injurious pricing of vessels (codified text) (COM(2014)0605 — C8-0171/2014 — 2014/0280(COD))
(Ordinary legislative procedure — codification)
(2017/C 265/24)

The European Parliament,






—


having regard to the Commission proposal to the European Parliament and the Council (COM(2014)0605),










—


having regard to Article 294(2) and Articles 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0171/2014),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),










—


having regard to Rules 103 and 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0202/2015),










A.


whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;












1.


Adopts its position at first reading hereinafter set out;












2.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 102, 4.4.1996, p. 2.


P8_TC1-COD(2014)0280
Position of the European Parliament adopted at first reading on 7 July 2015 with a view to the adoption of Regulation (EU) 2016/… of the European Parliament and of the Council on protection against injurious pricing of vessels (codification)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2016/1035.)
Case T-357/15 P: Appeal brought on 7 July 2015 by Maria Luisa Garcia Minguez against the order of the Civil Service Tribunal of 28 April 2015 in Case F-72/14, Garcia Minguez v Commission
Date: 2015-07-07
Institutions: General Court
Subjects: administrator, competition (EU), equal treatment








C_2015279EN.01004901.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/49






Appeal brought on 7 July 2015 by Maria Luisa Garcia Minguez against the order of the Civil Service Tribunal of 28 April 2015 in Case F-72/14, Garcia Minguez v Commission
(Case T-357/15 P)
(2015/C 279/62)
Language of the case: French

Parties


Appellant: Maria Luisa Garcia Minguez (Brussels, Belgium) (represented by L. Ortiz Blanco and Á. Givaja Sanz, lawyers)

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant requests the General Court:






—


to set aside the order of the Civil Service Tribunal of the European Union of 28 April 2015 in case F-72/14;










—


to rule on the proceedings in F-72/14 and to annul the decision of the Commission not to admit the appellant to the internal competition COM/3/AD 9/13; and










—


to order the Commission to pay the costs.





Pleas in law and main arguments

In support of the appeal, the appellant relies on three pleas in law.






1.


First plea in law, alleging an error of law in the interpretation of the terms ‘Commission’ and ‘institution’ appearing in the competition notice and Articles 27 and 29 of the Staff Regulations. The appellant contends that the Education, Audiovisual and Culture Executive Agency (EACEA) must be considered part of the Commission for the purpose of determining those eligible for an internal competition.










2.


Second plea in law, alleging an error of law in the interpretation of the principles of equal treatment and non-discrimination and of Articles 27 and 29 of the Staff Regulations. The appellant contends that it is unlawful to admit staff working directly for an institution to an internal competition, including those who are seconded to an executive agency, and at the same time to exclude the other staff working for the same agency.










3.


Third plea in law, in the alternative, alleging infringement of the obligation to reply to a plea put forward in the application, failure to give reasons and an error of law in the interpretation of the principles of equal treatment and non-discrimination and of the statutes of the institutions. The appellant contends that her particular situation — she performed, with the agreement of the Commission, the duties of head of unit for two units shown on the Commission organisation chart — justifies her being admitted to the internal competition in question.
European Parliament legislative resolution of 7 July 2015 on the draft Council decision on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (05420/2015 — C8–0043/2015 — 2015/0001(NLE))
Date: 2015-07-07
Institutions: Committee on Fisheries, European Parliament
Subjects: Atlantic Ocean, EU waters, French Guiana, Venezuela, consent procedure, exclusive economic zone, fishing area, fishing rights, sea fishing, ship's flag








C_2017265EN.01016101.xml










11.8.2017   


EN


Official Journal of the European Union


C 265/161





P8_TA(2015)0242
Fishing opportunities in EU waters for fishing vessels flying the flag of Venezuela off the coast of French Guiana ***
European Parliament legislative resolution of 7 July 2015 on the draft Council decision on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (05420/2015 — C8–0043/2015 — 2015/0001(NLE))
(Consent)
(2017/C 265/25)

The European Parliament,






—


having regard to the draft Council decision on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (05420/2015),










—


having regard to the draft Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (05420/2015),










—


having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8–0043/2015),










—


having regard to Rule 99(1), first and third subparagraphs, Rule 99(2) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Fisheries (A8-0195/2015),












1.


Gives its consent to approval of the Declaration;












2.


Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and of the Bolivarian Republic of Venezuela.
Notification of Lithuania’s national regulatory authority — National Commission for Energy Control and Prices (hereinafter NCC) — pursuant to Article 10(2) of Directive 2009/73/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC regarding the designation of AB Amber Grid as natural gas transmission system operator in Lithuania
Date: 2015-07-07
Institutions: Lithuania
Subjects: Lithuania, domestic market, gas supply, natural gas, private sector, transport network








C_2015222EN.01000401.xml










7.7.2015   


EN


Official Journal of the European Union


C 222/4





Notification of Lithuania’s national regulatory authority — National Commission for Energy Control and Prices (hereinafter NCC) — pursuant to Article 10(2) of Directive 2009/73/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC regarding the designation of AB Amber Grid as natural gas transmission system operator in Lithuania
(2015/C 222/03)
Following Lithuania’s regulatory authority’s final decision regarding the certification of AB Amber Grid as Ownership Unbundled Transmission System Operator (Article 9 of the Directive 2009/73/EC) of 10 April, 2015 (NCC’s resolution as of 10 April 2015 No O3-242 on Designation of the Natural Gas Transmission Operator and Issuing the Licence for the Natural Gas Transmission Activity), Lithuania has notified to the European Commission the official designation of this company as a Natural Gas Transmission System Operator operating in Lithuania in accordance with Article 10 of Directive 2009/73/EC.
Any additional information can be obtained at the following address:






—


Rimgailė Baliūnaitė, the Head of Electricity Division of NCC Gas and Electricity Department, Tel. +370 52190710, e-mail: rimgaile.baliunaite@regula.lt










—


Rimas Valungevičius, the Chief Specialist of NCC Gas and Electricity Department Gas Division, Tel. +370 52506185, e-mail: rimas.valungevicius@regula.lt




NCC’s website regarding certification of AB Amber Grid:
http://www.regula.lt/en/Pages/TSO-unbundling-gas.aspx
Case T-312/14: Judgment of the General Court of 7 July 2015 — Federcoopesca and Others v Commission (Application for annulment — Fisheries — Community control system for ensuring compliance with the rules of the common fisheries policy — Commission Decision implementing an action plan aiming at filling gaps in the Italian fisheries control system — Measure not itself modifying the legal situation of the applicant — Not individually affected — Inadmissibility)
Date: 2015-07-07
Institutions: General Court
Subjects: Italy, action programme, administrative sanction, application of EU law, common fisheries policy, discrimination on the basis of nationality, equal treatment, fishing controls, principle of proportionality








C_2015279EN.01003501.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/35






Judgment of the General Court of 7 July 2015 — Federcoopesca and Others v Commission
(Case T-312/14) (1)

((Application for annulment - Fisheries - Community control system for ensuring compliance with the rules of the common fisheries policy - Commission Decision implementing an action plan aiming at filling gaps in the Italian fisheries control system - Measure not itself modifying the legal situation of the applicant - Not individually affected - Inadmissibility))
(2015/C 279/43)
Language of the case: Italian

Parties


Applicants: Federazione nazionale delle cooperative della pesca (Federcoopesca) (Rome, Italy); Associazione Lega Pesca (Rome); Associazione generale cooperative italiane settore agro ittico alimentare (AGCI AGR IT AL) (Rome) (represented by: L. Caroli, S. Ventura and V. Cannizzaro, lawyers)

Defendant: European Commission (represented by: A. Bouquet and D. Nardi, acting as Agents)

Re:

Application for annulment of Commission Decision C (2013) 8635 final of 6 December 2013 concerning an action plan implementing aiming at filling gaps in the Italian fisheries control system.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Federazione nazionale delle cooperative della pesca (Federcoopesca), Associazione Lega Pesca and Associazione generale cooperative italiane settore agro ittico alimentare (AGCI AGR IT AL) to pay the costs.






(1)  
            OJ C 194, 24.6.2014.
Political and Security Committee Decision (CFSP) 2015/1128 of 7 July 2015 on the appointment of the Head of Mission of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (EU BAM Rafah/1/2015)
Date: 2015-07-07
Institutions: Political and Security Committee
Subjects: Palestine, Palestine question, appointment of members, border control, cross-border cooperation, the EU's international role








L_2015184EN.01001601.xml










11.7.2015   


EN


Official Journal of the European Union


L 184/16








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/1128
of 7 July 2015
         
on the appointment of the Head of Mission of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (EU BAM Rafah/1/2015)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Joint Action 2005/889/CFSP of 12 December 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point, EU BAM Rafah (1), and in particular Article 10(1) thereof,

Whereas:







(1)


Pursuant to Article 10(1) of Joint Action 2005/889/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), including the decision to appoint a Head of Mission.












(2)


On 29 May 2015, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ms Natalina CEA as Head of Mission of EU BAM Rafah from 1 July 2015 to 30 June 2016.












(3)


Council Decision (CFSP) 2015/1065 (2) extended the duration of EU BAM Rafah until 30 June 2016,





HAS ADOPTED THIS DECISION:



Article 1
Ms Natalina CEA is hereby appointed as Head of Mission of EU BAM Rafah for the period from 1 July 2015 to 30 June 2016.


Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 July 2015.




Done at Brussels, 7 July 2015.


For the Political and Security Committee


The Chairperson

W. STEVENS
            





(1)  
            OJ L 327, 14.12.2005, p. 28.

(2)  Council Decision (CFSP) 2015/1065 of 2 July 2015 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 174, 3.7.2015, p. 23).