do-me/EUR-LEX huggingface dataset:
Case F-82/14: Judgment of the Civil Service Tribunal (First Chamber) of 22 September 2015 — Gioria v Commission (Civil Service — Open competitions — Competition EPSO/AST/126/12 — Family relationship between a member of the selection board and a candidate — Conflict of interests — Article 27 of the Staff Regulations — Recruitment of officials with the highest integrity — Decision to exclude the candidate from the competition)
Date: 2015-09-22
Institutions: Civil Service Tribunal
Subjects: EPSO, competition (EU), conflict of interest, family relationship, job application








C_2015363EN.01004702.xml










3.11.2015   


EN


Official Journal of the European Union


C 363/47





Judgment of the Civil Service Tribunal (First Chamber) of 22 September 2015 — Gioria v Commission
(Case F-82/14) (1)

((Civil Service - Open competitions - Competition EPSO/AST/126/12 - Family relationship between a member of the selection board and a candidate - Conflict of interests - Article 27 of the Staff Regulations - Recruitment of officials with the highest integrity - Decision to exclude the candidate from the competition))
(2015/C 363/56)
Language of the case: Italian

Parties


Applicant: Roberto Gioria (Veruno, Italy) (represented by: M. Cornacchia, lawyer)

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

Re:

Application for annulment of the decision to exclude the applicant from Competition EPSO/AST/126/2012 because he did not inform the Selection Board of his family relationship to one of the members of the board.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Gioria to bear half of his own costs;










3.


Orders the European Commission to bear its own costs and to pay half of the costs incurred by Mr Gioria.






(1)  OJ C 388, 3.11.2014, p. 32.
Prior notification of a concentration (Case M.7770 — Vitol/VTTI) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-09-22
Institutions: European Commission
Subjects: economic concentration, gas industry, holding company, merger control, oil industry, storage








C_2015312EN.01000301.xml










22.9.2015   


EN


Official Journal of the European Union


C 312/3





Prior notification of a concentration
(Case M.7770 — Vitol/VTTI)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 312/03)






1.


On 14 September 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Vitol Holding BV (‘Vitol’, the Netherlands), through the acquisition of a 50 % stake in the undertaking VTTI BV (‘VTTI’, the Netherlands) by its investment vehicle VIP Terminals Finance BV acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of VTTI, which it currently jointly controls.










2.


The business activities of the undertakings concerned are:
—   for Vitol: Trading of commodities and financial instruments relating to the oil and gas sector
—   for VTTI: Ownership and operation of oil products storage terminals










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7770 — Vitol/VTTI, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case F-83/14: Judgment of the Civil Service Tribunal (Second Chamber) of 22 September 2015 — Silvan v Commission (Civil Service — Officials — 2013 promotion procedure — Decision not to promote the applicant — Articles 43 and 45(1) of the Staff Regulations — Commission GIP — Plea of illegality — Comparison of the merits — Account taken of the staff assessment reports — Lack of marks awarded or analytical assessments — Wording of the comments)
Date: 2015-09-22
Institutions: Civil Service Tribunal
Subjects: European official, promotion, staff assessment, staff regulations (EU)








C_2015363EN.01004801.xml










3.11.2015   


EN


Official Journal of the European Union


C 363/48





Judgment of the Civil Service Tribunal (Second Chamber) of 22 September 2015 — Silvan v Commission
(Case F-83/14) (1)

((Civil Service - Officials - 2013 promotion procedure - Decision not to promote the applicant - Articles 43 and 45(1) of the Staff Regulations - Commission GIP - Plea of illegality - Comparison of the merits - Account taken of the staff assessment reports - Lack of marks awarded or analytical assessments - Wording of the comments))
(2015/C 363/57)
Language of the case: French

Parties


Applicant: Juha Tapio Silvan (Brussels, Belgium) (represented initially by: D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers, and subsequently by: J.-N. Louis and N. de Montigny, lawyers)

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

Re:

Application for annulment of the decision not to promote the applicant to the next grade (AST 10) in the European Commission’s 2013 promotion procedure.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Silvan to bear his own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 7, 12.1.2015, p. 47.
Case F-20/14: Judgment of the Civil Service Tribunal (Second Chamber) of 22 September 2015 — Barnett v EESC (Civil service — Pension — Retirement pension — Early retirement without reduction of pension rights — General implementing provisions for Article 9(2) of Annex VIII to the Staff Regulations — Objection of illegality concerning the general implementing provisions — Interests of the service — Definition — None — Duration of the applicant’s professional activity — Taking account of all of the professional career both inside and outside the EU institutions — Discretion of the institution — Legality)
Date: 2015-09-22
Institutions: Civil Service Tribunal
Subjects: European civil service, early retirement, pension scheme, professional career, retirement conditions, staff regulations (EU)








C_2015363EN.01004701.xml










3.11.2015   


EN


Official Journal of the European Union


C 363/47





Judgment of the Civil Service Tribunal (Second Chamber) of 22 September 2015 — Barnett v EESC
(Case F-20/14) (1)

((Civil service - Pension - Retirement pension - Early retirement without reduction of pension rights - General implementing provisions for Article 9(2) of Annex VIII to the Staff Regulations - Objection of illegality concerning the general implementing provisions - Interests of the service - Definition - None - Duration of the applicant’s professional activity - Taking account of all of the professional career both inside and outside the EU institutions - Discretion of the institution - Legality))
(2015/C 363/55)
Language of the case: French

Parties


Applicant: Inge Barnett (Roskilde, Denmark) (represented by: initially N. Nikolajsen, lawyer, then S. Orlandi and T. Martin, lawyers)

Defendant: European Economic and Social Committee (represented by: M. Pascua Mateo, L. Camarena Januzec and K. Gambino, acting as Agents, M. Troncoso Ferrer and F.-M. Hislaire, lawyers)

Re:

Application for annulment of the decision of the EESC rejecting the applicant’s request to be entitled to early retirement without a reduction of her pension rights, pursuant to Article 9(2) of Annex VIII to the Staff Regulations.

Operative part of the judgment

The Tribunal:






1)


annuls the decision of the European Economic and Social Committee of 11 July 2013, issuing the list of beneficiaries, in respect of 2013, of the measure laid down in Article 9(2) of Annex VIII to the Staff Regulations of Officials of the European Union, in so far as it refuses to allow Mrs Barnett to benefit from that measure;










2)


orders the European Economic and Social Committee to bear its own costs and to pay the costs incurred by Ms Barnett.






(1)  OJ C 175, 10/6/2014, p. 55.
Case C-502/15: Action brought on 22 September 2015 — European Commission v United Kingdom of Great Britain and Northern Ireland
Date: 2015-09-22
Institutions: Court of Justice
Subjects: Gibraltar, Wales, infringement of EU law, pollution control measures, urban area, wastewater, water pollution, water protection, water treatment








C_2016016EN.01001402.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/14





Action brought on 22 September 2015 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-502/15)
(2016/C 016/17)
Language of the case: English

Parties


Applicant: European Commission (represented by: K. Mifsud-Bonnici and E. Manhaeve, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:







—


declare that the United Kingdom, by failing to correctly apply the Council Directive 91/271/EEC (1) concerning urban waste water treatment, with regard to Gowerton and Llanelli, Gibraltar and 11 agglomerations, has failed to fulfil the obligations arising from Articles 3, 4, 5 and 10 of Directive 91/271/EEC;










—


order the United Kingdom of Great Britain and Northern Ireland to pay the costs.





Pleas in law and main arguments

By its action the Commission requests the Court to declare that the United Kingdom has failed to implement correctly, in Gowerton and Llanelli, Gibraltar and 11 agglomerations, Council Directive 91/271/EEC concerning urban waste water treatment.
The Commission considers, in particular, that the United Kingdom has not ensured that the waters collected in a combined urban waste waters and rainwater system in Gowerton and Llanelli are retained and conducted for treatment in compliance with the requirements of Article 3, 4, 10 and Annex I(A) and Annex I(B) of the Council Directive 91/271/EEC.
Furthermore, the Commission takes the view that by either not putting in place secondary or equivalent treatment or not providing sufficient evidence to demonstrate compliance in this respect with the Directive 91/271/EEC with regard to 3 agglomerations, as well as by not subjecting the urban waste water in Gibraltar to any treatment, the United Kingdom has failed to fulfil its obligations under Article 4, Annex I(B) and Annex I(D) of the Council Directive 91/271/EEC.
Finally, it is argued that the United Kingdom has not correctly complied with the obligations arising from Article 5, Annex I(B) and Annex I(D) of the Council Directive 91/271/EEC, as it has failed to ensure that urban waste water entering collecting systems from 8 agglomerations, before discharge into sensitive areas, is made subject to more stringent treatment.
The period prescribed for transposing the directive expired on 30 June 1993.


(1)  OJ L 135, p. 40.
Case C-497/15: Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 22 September 2015 — Euro-Team Kft. v Budapest Rendőrfőkapitánya
Date: 2015-09-22
Institutions: Court of Justice
Subjects: administrative procedure, administrative sanction, law of states, principle of proportionality, road transport, toll, traffic offence








C_2016027EN.01000301.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/3





Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 22 September 2015 — Euro-Team Kft. v Budapest Rendőrfőkapitánya
(Case C-497/15)
(2016/C 027/04)
Language of the case: Hungarian

Referring court

Szegedi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: Euro-Team Kft.

Defendant: Budapest Rendőrfőkapitánya

Questions referred







1)


Must the requirement for proportionality laid down in Article 9a of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (1) (‘the Eurovignette Directive’) be interpreted as meaning that it precludes a system of penalties such as that laid down in Annex 9 to Decree No 410/2007 of 29 December on the list of traffic offences subject to the penalty of an administrative fine, the amount of the fines that may be imposed in the event of breach of the relevant provisions, the system of imposing those fines and the conditions for participating in controls [a közigazgatási bírsággal sújtandó közlekedési szabályszegések köréről, az e tevékenységekre vonatkozó rendelkezések megsértése esetén kiszabható bírságok összegéről, felhasználásának rendjéről és az ellenőrzésben történő közreműködés feltételeiről szóló 410/2007. (XII. 29.) Korm. Rendelet] (‘the Law on penalties’) which provides for the imposition of a fine at a certain amount — unrelated to the gravity of the offence — in the event of failure to comply with the requirements relating to the acquisition of a route ticket?










2)


Does Paragraph 9 of the Law on penalties comply with the requirement imposed by Article 9a of the Eurovignette Directive, according to which penalties established under national law must be effective, proportionate and dissuasive?










3)


Must the requirement for proportionality laid down in Article 9a of the Eurovignette Directive be interpreted as precluding, on the one hand, a system of penalties such as that at issue in the main proceedings, which provides for the strict liability of the person responsible for an offence and, on the other hand, the amount of the fine laid down under that system?






(1)  Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ 1999 L 187, p. 42).
Case T-549/15: Action brought on 22 September 2015 — Guiral Broto v OHIM — Gastro & Soul (Cafe Del Sol)
Date: 2015-09-22
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2015381EN.01005201.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/52





Action brought on 22 September 2015 — Guiral Broto v OHIM — Gastro & Soul (Cafe Del Sol)
(Case T-549/15)
(2015/C 381/63)
Language in which the application was lodged: Spanish

Parties


Applicant: Ramón Guiral Broto (Marbella, Spain) (represented by: J. de Castro Hermida, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gastro & Soul GmbH (Hildesheim, Germany)

Details of the proceedings before OHIM


Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word elements ‘CAFE DEL SOL’ — Application for registration No 6 104 608

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 16 July 2015 in Case R 1888/2014-5

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision and allow the opposition based on the earlier mark held by Ramón Guiral Broto, Spanish mark No 2348110, in Class 42 of the International Classification.










—


Rule that the opposition is upheld, confirming the decision of the Opposition Division refusing the application for the Community trade mark No 006104608 CAFE DEL SOL in respect of ‘provision of food and drink, temporary accommodation and catering’, in Class 43 of the International Classification, requested by the German commercial company Gastro & Soul GmbH, or if the Court should not have jurisdiction in that respect, to refer the matter back to a Board of Appeal of the Office for Harmonisation in the Internal Market, with the direction to uphold the opposition.










—


In respect of the evidence, in addition to the evidence in the administrative proceedings, the documents accompanying the present application be held to have been produced, that is documents numbers 1 to 4, as specified in the list of documents annexed to the application.





Plea in law

The pleas and main arguments are those relied on in Case T-548/15.
Commission Regulation (EU) 2015/1714 of 22 September 2015 establishing a prohibition of fishing for cod in area VIIa by vessels flying the flag of Ireland
Date: 2015-09-22
Institutions: European Commission
Subjects: EU waters, Ireland, Irish Sea, catch area, catch by species, catch quota, fishing rights, fishing vessel, sea fish, sea fishing, ship's flag








L_2015251EN.01000501.xml










26.9.2015   


EN


Official Journal of the European Union


L 251/5








            COMMISSION REGULATION (EU) 2015/1714
of 22 September 2015
         
establishing a prohibition of fishing for cod in area VIIa by vessels flying the flag of Ireland


THE EUROPEAN COMMISSION,

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


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2015/104 (2) lays down quotas for 2015.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2015.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2015 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 September 2015.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014 (OJ L 22, 28.1.2015, p. 1).




ANNEX






No


41/TQ104




Member State


Ireland




Stock


COD/07A.




Species


Cod (Gadus morhua)




Zone


VIIa




Closing date


1.9.2015