do-me/EUR-LEX huggingface dataset:
Judgment of the Court of 15 July 2015 in Case E-2/15 — EFTA Surveillance Authority v Iceland (Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Regulation (EU) No 185/2010 on screening of passengers by ETD and HHMD equipment)
Date: 2015-07-15
Institutions: EFTA Court
Subjects: Iceland, air safety, civil aviation, explosive, infringement procedure (EU), safety standard, traveller








C_2016003EN.01000601.xml










7.1.2016   


EN


Official Journal of the European Union


C 3/6





JUDGMENT OF THE COURT
of 15 July 2015
in Case E-2/15
EFTA Surveillance Authority v Iceland
(Failure by an EEA/EFTA State to fulfil its obligations — Failure to implement — Regulation (EU) No 185/2010 on screening of passengers by ETD and HHMD equipment)
(2016/C 3/07)
In Case E-2/15, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that Iceland has failed to fulfil its obligations under Article 7 of the Agreement on the European Economic Area by failing, within the time prescribed, to adopt the measures necessary to make as such part of its internal legal order the Act referred to at point 66he, twelfth indent, of Annex XIII to the Agreement (Commission Implementing Regulation (EU) No 104/2013 of 4 February 2013 amending Regulation (EU) No 185/2010 as regards the screening of passengers and persons other than passengers by Explosive Trace Detection (‘ETD’) equipment in combination with Hand Held Metal Detection (‘HHMD’) equipment), as adapted to the Agreement by way of Protocol 1 thereto and the sectoral adaptations in Annex XIII, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 15 July 2015, the operative part of which is as follows:
The Court hereby:






1.


Declares that Iceland has failed to fulfil its obligations under Article 7 of the Agreement on the European Economic Area by failing, within the time prescribed, to adopt the measures necessary to make part of its internal legal order the Act referred to at point 66he, twelfth indent, of Annex XIII to the Agreement (Commission Implementing Regulation (EU) No 104/2013 of 4 February 2013 amending Regulation (EU) No 185/2010 as regards the screening of passengers and persons other than passengers by Explosive Trace Detection (ETD) equipment in combination with Hand Held Metal Detection (HHMD) equipment), as adapted to the Agreement by way of Protocol 1 thereto and the sectoral adaptations in Annex XIII.










2.


Orders Iceland to bear the costs of the proceedings.
Case T-423/10: Judgment of the General Court of 15 July 2015 — Redaelli Tecna v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — Reasonable time)
Date: 2015-07-15
Institutions: General Court
Subjects: cartel, competition, exchange of information, fine, market-sharing agreement, price agreement, steel, trade information








C_2015302EN.01003901.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/39





Judgment of the General Court of 15 July 2015 — Redaelli Tecna v Commission
(Case T-423/10) (1)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Cooperation during the administrative procedure - Reasonable time))
(2015/C 302/49)
Language of the case: Italian

Parties


Applicant: Redaelli Tecna SpA (Milan, Italy) (represented by: R. Zaccà, M. Todino, E. Cruellas Sada and S. Patuzzo, lawyers)

Defendant: European Commission (represented initially by B. Gencarelli, L. Prete and V. Bottka, and subsequently by V. Bottka, G. Conte and P. Rossi, Agents)

Re:

Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Redaelli Tecna SpA to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 317, 20.11.2010.
Cases T-413/10 and T-414/10: Judgment of the General Court of 15 July 2015 — Socitrel v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — 2006 Guidelines on the method of setting fines — Reasonable time)
Date: 2015-07-15
Institutions: General Court
Subjects: cartel, competition, exchange of information, fine, market-sharing agreement, price agreement, steel, trade information








C_2015302EN.01003701.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/37





Judgment of the General Court of 15 July 2015 — Socitrel v Commission
(Cases T-413/10 and T-414/10) (1)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Cooperation during the administrative procedure - 2006 Guidelines on the method of setting fines - Reasonable time))
(2015/C 302/46)
Language of the case: Portuguese

Parties


Applicants: Socitrel — Sociedade Industrial de Trefilaria, SA (Trofa, Portugal) (represented by: F. Proença de Carvalho and T. Faria, lawyers) (Case T-413/10); and Companhia Previdente — Sociedade de Controle de Participações Financeiras, SA (Lisbon, Portugal) (represented by: D. Proença de Carvalho and J. Caimoto Duarte, lawyers) (Case T-414/10)

Defendant: European Commission (represented by: F. Castillo de la Torre, P. Costa de Oliveira and V. Bottka, Agents, and M. Marques Mendes, lawyer)

Re:

Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:






1.


Joins Cases T-413/10 and T-414/10 for the purposes of the judgment;










2.


Dismisses the actions;










3.


Orders Socitrel — Sociedade Industrial de Trefilaria, SA and Companhia Previdente — Sociedade de Controle de Participações Financeiras, SA to bear their own costs and to pay those incurred by the European Commission, including those relating to the proceedings for interim measures.






(1)  OJ C 317, 20.11.2010.
Case F-35/15: Order of the Civil Service Tribunal (Third Chamber) of 15 July 2015 — De Esteban Alonso v Commission (Civil service — Article 24 of the Staff Regulations — Request for assistance — Criminal proceedings before a national court — Joinder of Commission in bringing a civil action — Action dismissed as manifestly unfounded)
Date: 2015-07-15
Institutions: Civil Service Tribunal
Subjects: Community budget, breach of trust, criminal procedure, servant (EU)








C_2015279EN.01005401.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/54






Order of the Civil Service Tribunal (Third Chamber) of 15 July 2015 — De Esteban Alonso v Commission
(Case F-35/15) (1)

((Civil service - Article 24 of the Staff Regulations - Request for assistance - Criminal proceedings before a national court - Joinder of Commission in bringing a civil action - Action dismissed as manifestly unfounded))
(2015/C 279/68)
Language of the case: French

Parties


Applicant: Fernando De Esteban Alonso (Saint-Martin-de-Seignanx, France) (represented by: C. Huglo, lawyer)

Defendant: European Commission (represented by: J. Currall and C. Ehrbar, acting as Agents)

Re:

Application for annulment of the Commission’s decision not to take further action on the request for assistance made by the applicant where he was under investigation for misappropriation of funds accruing to the Community budget.

Operative part of the order







1.


The action is dismissed as manifestly unfounded.










2.


Mr De Esteban Alonso is to bear his own costs and to pay the costs incurred by the European Commission.






(1)  
            OJ C 146, 4/5/2015, p. 52.
Case T-485/11: Judgment of the General Court of 15 July 2015 — Akzo Nobel and Akcros Chemicals v Commission (Competition — Agreements, decisions and concerted practices — European markets for heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by a jointly-held subsidiary — Fines — Joint and several liability of the subsidiary and the parent companies — Ten-year limitation period applicable to one of the parent companies — Decision readopted — Reduction of the amount of the fine imposed on one of the parent companies — Attribution to the subsidiary and the other parent company of the obligation to pay the reduced fine — Rights of the defence)
Date: 2015-07-15
Institutions: General Court
Subjects: cartel, chemical industry, competition policy, fine, liability, market-sharing agreement, price agreement, subsidiary








C_2015302EN.01004002.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/40





Judgment of the General Court of 15 July 2015 — Akzo Nobel and Akcros Chemicals v Commission
(Case T-485/11) (1)

((Competition - Agreements, decisions and concerted practices - European markets for heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Infringement committed by a jointly-held subsidiary - Fines - Joint and several liability of the subsidiary and the parent companies - Ten-year limitation period applicable to one of the parent companies - Decision readopted - Reduction of the amount of the fine imposed on one of the parent companies - Attribution to the subsidiary and the other parent company of the obligation to pay the reduced fine - Rights of the defence))
(2015/C 302/51)
Language of the case: English

Parties


Applicants: Akzo Nobel NV (Amsterdam, Netherlands); and Akcros Chemicals Ltd (Warwickshire, United Kingdom) (represented by C. Swaak and R. Wesseling, lawyers)

Defendant: European Commission (represented initially by F. Ronkes Agerbeek and J. Bourke, and subsequently by Mr Ronkes Agerbeek and P. Van Nuffel, acting as Agents, and J. Holmes, Barrister)

Re:

Application for annulment of the Commission Decision of 30 June 2011 amending Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers) in so far as it was addressed to Akzo Nobel and Akcros Chemicals or, in the alternative, for a reduction of the amount of the fines imposed.

Operative part of the judgment

The Court:






1.


Annuls the Commission Decision of 30 June 2011 amending Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers);










2.


Orders the European Commission to pay the costs.






(1)  OJ C 331, 12.11.2011.
Notice from the Government of Denmark pursuant to Council Directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products
Date: 2015-07-15
Institutions: Denmark
Subjects: Denmark, EU control, diesel fuel, energy supply, minimum stock, petrol, petroleum, security of supply








C_2015231EN.01000601.xml










15.7.2015   


EN


Official Journal of the European Union


C 231/6





Notice from the Government of Denmark pursuant to Council Directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products
(2015/C 231/06)
In accordance with Article 9(4) of Council Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (1), Denmark hereby notifies its undertaking to maintain specific stocks.






1.


The level of the specific stocks that Denmark undertakes to maintain is equivalent to 30 days of average daily consumption.










2.


The undertaking applies to the period from 1 July 2015 to 30 June 2016.










3.


The specific stocks will be composed of the following product categories:






—


Motor gasoline










—


Gas/diesel oil














4.


The stocks will be owned and held by the central Danish stockholding entity, Foreningen Danske Olieberedskabslagre (FDO).






(1)  OJ L 265, 9.10.2009, p. 9.
Case T-389/15: Action brought on 15 July 2015 — J & Joy v OHIM — Joy-Sportswear (J&JOY)
Date: 2015-07-15
Institutions: General Court
Subjects: EU trade mark, clothing, registered trade mark, trade-mark law








C_2015381EN.01004601.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/46





Action brought on 15 July 2015 — J & Joy v OHIM — Joy-Sportswear (J&JOY)
(Case T-389/15)
(2015/C 381/56)
Language in which the application was lodged: English

Parties


Applicant: J & Joy SA (Waremme, Belgium) (represented by: A. Maqua and C. Pirenne, lawyers)

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

Other party to the proceedings before the Board of Appeal: Joy-Sportswear GmbH (Ottensoos, Germany)

Details of the proceedings before OHIM


Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘J&JOY’ — Application for registration No 11 411 808

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 22 April 2015 in Case R 1355/2014-2

Form of order sought

The applicant requests the Office:






—


to review the division opposition judgment and declare the opposition inadmissible;










—


to order the opponent to bear the costs and applicant’s fees in the opposition proceedings on the basis of article 81 CTM Regulation.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case F-94/15 R: Order of the President of the Civil Service Tribunal of 15 July 2015 — Wolff v EEAS (Civil Service — Interim measures — Application for a suspension of operation — Elections to the Staff Committee — Urgency — Absence — Balance of the interests at stake)
Date: 2015-07-15
Institutions: Civil Service Tribunal
Subjects: committee (EU), invalidity of an election, trade union election








C_2015279EN.01005402.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/54






Order of the President of the Civil Service Tribunal of 15 July 2015 — Wolff v EEAS
(Case F-94/15 R)
((Civil Service - Interim measures - Application for a suspension of operation - Elections to the Staff Committee - Urgency - Absence - Balance of the interests at stake))
(2015/C 279/69)
Language of the case: French

Parties


Applicant: Oren Wolff (Etterbeek, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European External Action Service (represented by: G.-J. Van Hegelsom, S. Marquardt and E. Chaboureau, acting as Agents)

Re:

Application for annulment of the decision rejecting the applicant’s challenge to the results of the elections to the Staff Committee of the EEAS.

Operative part of the order







1.


Mr Wolff’s application for interim measures is rejected.










2.


The costs are reserved.
Case T-391/10: Judgment of the General Court of 15 July 2015 — Nedri Spanstaal v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Quota fixing and price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Ceiling of 10 % of turnover — Relevant turnover — Cooperation during the administrative procedure — 2006 Guidelines on the method of setting fines)
Date: 2015-07-15
Institutions: General Court
Subjects: cartel, competition, exchange of information, fine, market-sharing agreement, price agreement, steel, trade information








C_2015302EN.01003301.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/33





Judgment of the General Court of 15 July 2015 — Nedri Spanstaal v Commission
(Case T-391/10) (1)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Quota fixing and price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Ceiling of 10 % of turnover - Relevant turnover - Cooperation during the administrative procedure - 2006 Guidelines on the method of setting fines))
(2015/C 302/42)
Language of the case: Dutch

Parties


Applicant: Nedri Spanstaal BV (Venlo, Netherlands) (represented initially by M. Slotboom and B. Haan, and subsequently by M. Slotboom, lawyers)

Defendant: European Commission (represented by: P. Van Nuffel, S. Noë and V. Bottka, Agents)

Re:

Application for annulment of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nedri Spanstaal BV to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 301, 6.11.2010.
Case T-406/10: Judgment of the General Court of 15 July 2015 — Emesa-Trefilería and Industrias Galycas v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — Article 139(a) of the Rules of Procedure of the General Court)
Date: 2015-07-15
Institutions: General Court
Subjects: cartel, competition, exchange of information, fine, market-sharing agreement, price agreement, steel, trade information








C_2015302EN.01003601.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/36





Judgment of the General Court of 15 July 2015 — Emesa-Trefilería and Industrias Galycas v Commission
(Case T-406/10) (1)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Cooperation during the administrative procedure - Article 139(a) of the Rules of Procedure of the General Court))
(2015/C 302/45)
Language of the case: English

Parties


Applicants: Emesa-Trefilería SA (Arteixo, Spain); and Industrias Galycas SA (Vitoria, Spain) (represented by: A. Creus Carreras and A. Valiente Martin, lawyers)

Defendant: European Commission (represented initially by V. Bottka and F. Castilla Contreras, and subsequently by V. Bottka and A. Biolan, Agents, and by M. Gray, Barrister)

Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón and R. Liudvinaviciute-Cordeiro, Agents)

Re:

Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Emesa-Trefilería, SA and Industrias Galycas, SA to bear their own costs and to pay those of the European Commission and the Council of the European Union;










3.


Orders the Commission to pay the General Court the sum of EUR 1  500 under Article 139(a) of its Rules of Procedure, in order to refund part of the costs which the Court had to incur.






(1)  OJ C 301, 6.11.2010.
Decision No 44/2015 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 15 July 2015 related to the listing of Conformity Assessment Bodies under the Sectoral Annex on Electromagnetic Compatibility [2015/1354]
Date: 2015-07-15
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle








L_2015208EN.01003901.xml










5.8.2015   


EN


Official Journal of the European Union


L 208/39








            DECISION No 44/2015 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 15 July 2015
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex on Electromagnetic Compatibility [2015/1354]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14;


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;

HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex on Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James SANFORD
            
Signed in Washington DC, on 7 July 2015
            



On behalf of the European Union

Fernando PERREAU DE PINNINCK
            
Signed in Brussels, on 15 July 2015
            







Attachment A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex on Electromagnetic Compatibility











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