do-me/EUR-LEX huggingface dataset:
Case T-620/14: Order of the General Court of 16 September 2015 — Diapharm v Commission (Action for failure to act — Consumer protection — Health claims made on foods — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing an action — No legal interest in bringing proceedings — Act not amenable to review — Inadmissibility)
Date: 2015-09-16
Institutions: General Court
Subjects: European Food Safety Authority, consumer protection, foodstuff, human nutrition, public health, trade information








C_2015381EN.01003301.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/33





Order of the General Court of 16 September 2015 — Diapharm v Commission
(Case T-620/14) (1)

((Action for failure to act - Consumer protection - Health claims made on foods - Regulation (EC) No 1924/2006 - Botanical substances - Time-limit for bringing an action - No legal interest in bringing proceedings - Act not amenable to review - Inadmissibility))
(2015/C 381/37)
Language of the case: German

Parties


Applicant: Diapharm GmbH & Co. KG (Münster, Germany) (represented by: M. Weidner, N. Hußmann and T. Guttau, lawyers)

Defendant: European Commission (represented by: M. Wilderspin and S. Grünheid, acting as Agents)

Re:

Application seeking a declaration that the Commission failed to act in that it unlawfully refrained from ordering the European Food Safety Authority (EFSA) to evaluate the health claims relating to botanical substances as a condition prior to the adoption of the definitive list of authorised health claims in accordance with Article 13(3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Diapharm GmbH & Co. KG shall pay the costs.






(1)  OJ C 409, 17.11.2014.
Case T-578/14: Order of the General Court of 16 September 2015 — VSM Geneesmiddelen v Commission (Action for failure to act and for annulment — Consumer protection — Health claims relating to food — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing proceedings — No interest in bringing proceedings — Non-actionable measure — Inadmissibility)
Date: 2015-09-16
Institutions: General Court
Subjects: European Food Safety Authority, consumer information, food safety, foodstuff, labelling, product designation








C_2015381EN.01003101.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/31





Order of the General Court of 16 September 2015 — VSM Geneesmiddelen v Commission
(Case T-578/14) (1)

((Action for failure to act and for annulment - Consumer protection - Health claims relating to food - Regulation (EC) No 1924/2006 - Botanical substances - Time-limit for bringing proceedings - No interest in bringing proceedings - Non-actionable measure - Inadmissibility))
(2015/C 381/34)
Language of the case: English

Parties


Applicant: VSM Geneesmiddelen BV (Alkmaar, Netherlands) (represented by: U. Grundmann, lawyer)

Defendant: European Commission (represented initially by J. Enegren and subsequently by M. Wilderspin and S. Grünheid, acting as Agents)

Re:

Application for a declaration that the Commission failed to act in that it unlawfully failed to instruct the European Food Safety Authority (EFSA) to assess health claims relating to botanical substances as a precondition for the adoption of the definitive list of permitted claims in accordance with Article 13(3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9) and, in the alternative, an application for annulment of the decision purportedly contained in the Commission’s letter of 19 June 2014 refusing to instruct the EFSA to assess those claims.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


VSM Geneesmiddelen BV is ordered to pay the costs.






(1)  OJ C 339, 29.9.2014.
Case T-231/14 P: Judgment of the General Court of 16 September 2015 — EMA v Drakeford (Appeal — Civil service — Temporary staff — Fixed-term contract — Non-renewal decision — Article 8, first paragraph, of the CEOS — Reclassification of a fixed-term contract as a contract of indefinite duration — Unlimited jurisdiction)
Date: 2015-09-16
Institutions: General Court
Subjects: full-time employment, jurisdiction, servant (EU), temporary employment, work contract








C_2015363EN.01003701.xml










3.11.2015   


EN


Official Journal of the European Union


C 363/37





Judgment of the General Court of 16 September 2015 — EMA v Drakeford
(Case T-231/14 P) (1)

((Appeal - Civil service - Temporary staff - Fixed-term contract - Non-renewal decision - Article 8, first paragraph, of the CEOS - Reclassification of a fixed-term contract as a contract of indefinite duration - Unlimited jurisdiction))
(2015/C 363/45)
Language of the case: French

Parties


Appellant: European Medicines Agency (EMA) (represented by: T. Jabłoński and N. Rampal Olmedo, acting as Agents, assisted by D. Waelbroeck and A Duron, lawyers)

Other party to the proceedings: David Drakeford (Dublin, Ireland) (represented by: S. Orlandi and T. Martin, lawyers)

Interveners in support of the applicant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents); European Chemicals Agency (ECHA) (represented by: M. Heikkilä and E. Maurage, acting as Agents); European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: H. Caniard and V. Peres de Almeida, acting as Agents); European Food Safety Authority (EFSA) (represented by: D. Detken, S. Gabbi and C. Pintado, acting as Agents); European Centre for Disease Prevention and Control (ECDC) (represented by: J. Mannheim and A. Daume, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Third chamber) of 5 February 2014 in Drakeford v EMA (F-29/13, ECR SC, EU:F:2014:10) and seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal of the European Union (Third chamber) of 5 February 2014 in Drakeford v EMA (F-29/13, ECR SC, EU:F:2014:10) in so far as the Civil Service Tribunal exercised its unlimited jurisdiction in relation to financial matters for the time after the order was made;










2.


Dismisses the appeal as to the remainder;










3.


Refers the case back to the Civil Service Tribunal.










4.


Reserves the costs for Mr David Drakeford and for the European Medicines Agency (EMA);










5.


The European Commission, the European Chemicals Agency (ECHA), the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), the European Food Safety Authority (EFSA) and the European Centre for Disease Prevention and Control (ECDC) are ordered to bear their own costs relating to the proceedings at first instance.






(1)  OJ C 202, 30.06.2014.
Information communicated by Member States regarding closure of fisheries
Date: 2015-09-16
Institutions: European Commission
Subjects: Atlantic Ocean, EU Member State, catch area, catch by species, catch quota, international waters, sea fish, sea fishing








C_2015305EN.01000402.xml










16.9.2015   


EN


Official Journal of the European Union


C 305/4





Information communicated by Member States regarding closure of fisheries
(2015/C 305/06)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


14.7.2015 at 00.00 UTC




Duration


14.7.2015 until 31.12.2015




Member State


European Union (All Member States)




Stock or Group of stocks


RED/N3M




Species


Redfish (Sebastes spp)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


19BIS/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.
Corrigendum to Council Decision (EU) 2015/1509 of 4 September 2015 appointing an Italian alternate member of the Committee of the Regions (OJ L 236, 10.9.2015)
Date: 2015-09-16
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2015240EN.01006401.xml










16.9.2015   


EN


Official Journal of the European Union


L 240/64







Corrigendum to Council Decision (EU) 2015/1509 of 4 September 2015 appointing an Italian alternate member of the Committee of the Regions

(
Official Journal of the European Union L 236 of 10 September 2015
)


On contents page:
for:


                        ‘Council Decision (EU) 2015/1509 of 4 September 2015 appointing an Italian alternate member of the Committee of the Regions’,

read:


                        ‘Council Decision (EU) 2015/1509 of 7 September 2015 appointing an Italian alternate member of the Committee of the Regions’;

on page 7, title:
for:


                        ‘Council Decision (EU) 2015/1509 of 4 September 2015 appointing an Italian alternate member of the Committee of the Regions’,

read:


                        ‘Council Decision (EU) 2015/1509 of 7 September 2015 appointing an Italian alternate member of the Committee of the Regions’;

on page 7, place and date of signature:
for:


                     ‘Done at Brussels, 4 September 2015.’,

read:


                     ‘Done at Brussels, 7 September 2015.’.
Case T-619/14: Order of the General Court of 16 September 2015 — Bionorica v Commission (Action for failure to act — Consumer protection — Health claims made on foods — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing an action — No legal interest in bringing proceedings — Act not amenable to review — Inadmissibility)
Date: 2015-09-16
Institutions: General Court
Subjects: European Food Safety Authority, consumer information, food safety, foodstuff, labelling, product designation








C_2015381EN.01003202.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/32





Order of the General Court of 16 September 2015 — Bionorica v Commission
(Case T-619/14) (1)

((Action for failure to act - Consumer protection - Health claims made on foods - Regulation (EC) No 1924/2006 - Botanical substances - Time-limit for bringing an action - No legal interest in bringing proceedings - Act not amenable to review - Inadmissibility))
(2015/C 381/36)
Language of the case: German

Parties


Applicant: Bionorica SE (Neumark, Germany) (represented by: M. Weidner, N. Hußmann and T. Guttau, lawyers)

Defendant: European Commission (represented by: M. Wilderspin and S. Grünheid, acting as Agents)

Re:

Application seeking a declaration that the Commission failed to act in that it unlawfully refrained from ordering the European Food Safety Authority (EFSA) to evaluate the health claims relating to botanical substances as a condition prior to the adoption of the definitive list of authorised health claims in accordance with Article 13(3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Bionorica SE shall pay the costs.






(1)  OJ C 409, 17.11.2014.
Information communicated by Member States regarding closure of fisheries
Date: 2015-09-16
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Ireland, catch area, catch by species, catch quota, fishing vessel, international waters, sea fish, sea fishing








C_2015305EN.01000601.xml










16.9.2015   


EN


Official Journal of the European Union


C 305/6





Information communicated by Member States regarding closure of fisheries
(2015/C 305/09)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


1.1.2015




Duration


1.1.2015-31.12.2015




Member State


Ireland




Stock or Group of stocks


ARU/567.




Species


Greater silver smelt (Argentina silus)




Zone


Union and international waters of V, VI and VII




Type(s) of fishing vessels


—




Reference number


24/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of directed fisheries
Date: 2015-09-16
Institutions: European Commission
Subjects: Atlantic Ocean, EU Member State, catch area, catch by species, catch quota, fishing vessel, international waters, sea fish, sea fishing








C_2015305EN.01000401.xml










16.9.2015   


EN


Official Journal of the European Union


C 305/4





Information communicated by Member States regarding closure of directed fisheries
(2015/C 305/05)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.7.2015 at 13.00 UTC




Duration


10.7.2015 till 31.12.2015




Member State


European Union (All Member States)




Stock or Group of stocks


RED/N3M – Directed fishery




Species


Redfish (Sebastes spp)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


19/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2015-09-16
Institutions: European Commission
Subjects: Belgium, EU waters, English Channel, catch area, catch by species, catch quota, fishing vessel, sea fish, sea fishing








C_2015305EN.01000502.xml










16.9.2015   


EN


Official Journal of the European Union


C 305/5





Information communicated by Member States regarding closure of fisheries
(2015/C 305/08)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


15.7.2015




Duration


15.7 – 31.12.2015




Member State


Belgium




Stock or Group of stocks


SRX/07D.




Species


Skates and rays (Rajiformes)




Zone


Union waters of VIId




Type(s) of fishing vessels


—




Reference number


21/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-557/15 P: Appeal brought on 16 September 2015 by Fernando De Esteban Alonso against the order of the Civil Service Tribunal of 15 July 2015 in Case F-35/15, De Esteban Alonso v Commission
Date: 2015-09-16
Institutions: General Court
Subjects: EU budget, European official, breach of trust, damages, legal expenses, legal hearing, right to justice, rights of the defence, staff regulations (EU)








C_2015371EN.01004401.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/44





Appeal brought on 16 September 2015 by Fernando De Esteban Alonso against the order of the Civil Service Tribunal of 15 July 2015 in Case F-35/15, De Esteban Alonso v Commission
(Case T-557/15 P)
(2015/C 371/45)
Language of the case: French

Parties


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

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the Court should:






—


set aside order F-35/15 of 15 July 2015, by which the President of the European Union Civil Service Tribunal dismissed his application;










—


set aside the decision of the Appointing Authority of 21 November 2014, received on 3 December 2014, rejecting Complaint No R/865/14 brought by the appellant on 5 August 2014;










—


order the European Commission to pay the sum of EUR 17  242,51, adjusted to the sum of EUR 24  242,51 on the date of the appeal;










—


order the European Commission to pay the sum of EUR 3  000 in respect of the non-recoverable costs, to be adjusted if necessary, and to pay all 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 a denial of justice, in that the Civil Service Tribunal (‘the CST’) gave its decision by means of an order, without permitting a fresh exchange of pleadings or a public hearing.










2.


Second plea in law, alleging an infringement of the principle of audi alteram partem and of the rights of defence, in that the CST gave its decision by means of an order, without permitting a fresh exchange of pleadings or a public hearing.










3.


Third plea in law, alleging an error of law, in that the CST added a new condition to the conditions laid down for institutional assistance by Article 24 of the Staff Regulations of Officials of the European Union.