do-me/EUR-LEX huggingface dataset:
Case F-39/14: Judgment of the Civil Service Tribunal (Second Chamber) of 8 October 2015 — FT v ESMA (Civil service — Member of the temporary staff — Accounting Officer — Non-renewal of a fixed term contract — Competent authority — Manifest error of assessment — Burden of proof — Rule of correspondence between the application and the complaint)
Date: 2015-10-08
Institutions: Civil Service Tribunal
Subjects: accountant, damages, indemnification, servant (EU), termination of a contract, work contract








C_2015381EN.01006301.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/63





Judgment of the Civil Service Tribunal (Second Chamber) of 8 October 2015 — FT v ESMA
(Case F-39/14) (1)

((Civil service - Member of the temporary staff - Accounting Officer - Non-renewal of a fixed term contract - Competent authority - Manifest error of assessment - Burden of proof - Rule of correspondence between the application and the complaint))
(2015/C 381/88)
Language of the case: English

Parties


Applicant: FT (represented by: S. Pappas, lawyer)

Defendant: European Securities and Markets Authority (initially represented by R. Vasileva Hoff, acting as Agent, assisted by D. Waelbroeck and A. Duron, lawyers, and subsequently by R. Vasileva Hoff and A. Lorenzet, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision not to renew the applicant’s contract and for the award of damages in respect of the material loss allegedly suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Declares that FT shall bear her own costs and orders her to pay the costs incurred by the European Securities and Markets Authority.






(1)  OJ C 421, 24.11.2014, p. 58.
Cases T-659/13 and T-660/13: Judgment of the General Court of 8 October 2015 — Czech Republic v Commission (Transport — Directive 2010/40/EU — Intelligent Transport Systems — Delegated Regulation (EU) No 885/2013 — Provision of information services for safe and secure parking places for trucks and commercial vehicles — Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013 — Delegated Regulation (EU) No 886/2013 — Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users — Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013)
Date: 2015-10-08
Institutions: General Court
Subjects: carriage of goods, commercial vehicle, dissemination of information, exchange of information, intelligent transport system, parking area, provision of services, road traffic, transport safety








C_2015398EN.01003901.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/39





Judgment of the General Court of 8 October 2015 — Czech Republic v Commission
(Cases T-659/13 and T-660/13) (1)

((Transport - Directive 2010/40/EU - Intelligent Transport Systems - Delegated Regulation (EU) No 885/2013 - Provision of information services for safe and secure parking places for trucks and commercial vehicles - Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013 - Delegated Regulation (EU) No 886/2013 - Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users - Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013))
(2015/C 398/49)
Language of the case: Czech

Parties


Applicant: Czech Republic (represented by: M. Smolek and J. Vláčil, acting as Agents)

Defendant: European Commission (represented by: J. Hottiaux, Z. Malůšková and K. Walkerová, acting as Agents)

Re:

In Case T-659/13, application for annulment of Commission Delegated Regulation (EU) No 885/2013 of 15 May 2013 supplementing ITS Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of information services for safe and secure parking places for trucks and commercial vehicles (OJ 2013 L 247, p. 1) and, in the alternative, application for annulment of Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013, and, in Case T-660/13, application for annulment of Commission Delegated Regulation (EU) No 886/2013 of 15 May 2013 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to data and procedures for the provision, where possible, of road safety-related minimum universal traffic information free of charge to users (OJ 2013 L 247, p. 6) and, in the alternative, application for annulment of Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013.

Operative part of the judgment

The Court:






1.


Joins Cases T-659/13 and T-660/13 for the purposes of the judgment;










2.


Dismisses the actions;










3.


Orders the Czech Republic to pay the costs.






(1)  OJ C 45, 15.2.2014.
Case T-731/14: Order of the General Court of 8 October 2015 — Agrotikos Synetairismos Profitis Ilias v Council (Action for annulment — Common Foreign and Security Policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Lack of direct concern — Inadmissibility)
Date: 2015-10-08
Institutions: General Court
Subjects: Russia, Ukraine, common foreign and security policy, economic sanctions, international sanctions, territorial dispute, trade restriction








C_2015398EN.01005502.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/55





Order of the General Court of 8 October 2015 — Agrotikos Synetairismos Profitis Ilias v Council
(Case T-731/14) (1)

((Action for annulment - Common Foreign and Security Policy - Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine - Lack of direct concern - Inadmissibility))
(2015/C 398/70)
Language of the case: Greek

Parties


Applicant: Agrotikos Synetairismos Profitis Ilias (Skydra, Greece) (represented by: K. Chrysogonos, lawyer)

Defendant: Council of the European Union (represented by: S. Boelaert and I. Rodios, agents)

Re:

Application for annulment of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Agrotikos Synetairismos Profitis Ilias is to bear its own costs and is ordered to pay the costs incurred by the Council of the European Union;










3.


There is no need to rule on the application for leave to intervene submitted by the European Commission;










4.


Agrotikos Synetairismos Profitis Ilias, the Council and the Commission are each to bear their own costs in relation to the application for leave to intervene.






(1)  OJ C 16, 19.1.2015.
Case C-530/15: Request for a preliminary ruling from the Conseil d’État (France) lodged on 8 October 2015 — Melitta France SAS and Others v Ministère de l’Écologie, du Développement durable et de l'Énergie
Date: 2015-10-08
Institutions: Court of Justice
Subjects: environmental protection, interpretation of the law, packaging product, paper, plastics, waste management








C_2015414EN.01002301.xml










14.12.2015   


EN


Official Journal of the European Union


C 414/23





Request for a preliminary ruling from the Conseil d’État (France) lodged on 8 October 2015 — Melitta France SAS and Others v Ministère de l’Écologie, du Développement durable et de l'Énergie
(Case C-530/15)
(2015/C 414/29)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicants: Melitta France SAS, Cofresco Frischhalteprodukte GmbH & Co. KG, Délipapier, Gopack SAS, Industrie Cartarie Tronchetti SpA, Industrie Cartarie Tronchetti Ibérica, SL, Kimberly-Clark SAS, Lucart France, Paul Hartmann AG, SCA Hygiène Products, SCA Tissue France SAS, Group’Hygiène syndicat professionnel

Defendant: Ministère de l’Écologie, du Développement durable et de l'Énergie

Question referred

The Court is asked to decide whether by including ‘roll cores’ (rolls, tubes, cylinders) around which flexible material, such as paper or plastic film, is wound and sold to consumers in the examples of packaging, Commission Directive 2013/2/EU of 7 February 2013 (1) has misconstrued the term ‘packaging’, as defined in Article 3 of Directive 94/62/EC of 20 December 1994, (2) and exceeded the scope of the authorisation granted to the European Commission in respect of its implementing powers.


(1)  Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (OJ 2013 L 37, p. 10).

(2)  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10).
Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2015-10-08
Institutions: Netherlands
Subjects: Netherlands, continental shelf, energy site, hydrocarbon, mineral prospecting, petroleum exploration, public contract








C_2015331EN.01000401.xml










8.10.2015   


EN


Official Journal of the European Union


C 331/4





Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
(2015/C 331/05)
The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in blocks Q8 and Q11 as indicated on the map appended as Annex 3 to the Mining Order (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245) and block segment Q10b.
Block segment Q10b is delimited by the great circles between vertex pairs A-B, B-C, C-D, D-E, E-F and A-F.
The vertices are defined as follows:











Vertex


°


′


″ E.L.


°


′


″ N.L.




A


3


59


55,139


52


29


57,162




B


4


10


55,155


52


29


57,170




C


4


16


15,170


52


25


57,166




D


4


19


55,176


52


25


57,168




E


4


19


55,187


52


19


57,157




F


3


59


55,158


52


19


57,143




The above vertices are defined by their geographical coordinates, calculated according to the ETRS89 system.
Block segment Q10b covers an area of 367 km2.
With reference to the Directive referred to in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in blocks Q8 and Q11 and block segment Q10b of the Dutch continental shelf.
The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the above-mentioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:





The Minister for Economic Affairs




attn.: Ms J.J. van Beek, Energy and Environment Directorate




Bezuidenhoutseweg 73




Postbus 20401,




2500 EK Den Haag




NEDERLAND




Applications received after the expiry of this period will not be considered.
A decision on the applications will be taken not later than 12 months after this period has expired.
Further information can be obtained by calling Mr E.J. Hoppel on the following telephone number: +31 703797762.
Council Decision of 8 October 2015 adopting the Council’s position on draft amending budget No 7 of the European Union for the financial year 2015
Date: 2015-10-08
Institutions: Council of the European Union
Subjects: amending budget, budgetary expenditure, budgetary resources, draft budget (EU), general budget (EU)








C_2015338EN.01000201.xml










13.10.2015   


EN


Official Journal of the European Union


C 338/2





COUNCIL DECISION
of 8 October 2015
adopting the Council’s position on draft amending budget No 7 of the European Union for the financial year 2015
(2015/C 338/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
Whereas:














HAS DECIDED AS FOLLOWS:
Sole Article
The Council’s position on draft amending budget No 7 of the European Union for the financial year 2015 was adopted on 8 October 2015.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Luxembourg, 8 October 2015.


For the Council


The President

J. ASSELBORN




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 69, 13.3.2015, p. 1.
State aid — Decision to raise no objections
Date: 2015-10-08
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, land and buildings, sports body, sports facilities, transfer of property








C_2015331EN.01000501.xml










8.10.2015   


EN


Official Journal of the European Union


C 331/5





State aid — Decision to raise no objections
(2015/C 331/06)
The EFTA Surveillance Authority raises no objections to the following state aid measure:








Date of adoption of the decision



:


10 June 2015





Case number



:


77232





Decision No



:


225/15/COL





EFTA State



:


Norway





Region



:


Oslo





Title (and/or name of the beneficiary)



:


Transfer of land to Vålerenga Fotball





Legal basis



:


Oslo City Council decisions of 14 May 2008 and 3 September 2014, option agreement of 24 September 2014





Type of measure



:


Transfer of land





Objective



:


Sport infrastructure





Form of aid



:


Grant





Budget



:


NOK 302,1 million (EUR 24,3 million)





Intensity



:


36 %





Economic sectors



:


R93.1.1 - Operation of sports facilities
R93.1.2 - Activities of sport clubs





Name and address of the granting authority



:







City of Oslo




Postboks 491 Sentrum




N-0105 Oslo




NORWAY









Other information



:


Additional NOK 20 million (EUR 2,4 million) of existing aid granted from the lottery funds (Norsk Tipping)




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Publication of a list of measures considered by the Commission as existing aid, within the meaning of Article 108(1) of the Treaty on the Functioning of the European Union, upon accession of Croatia to the European Union (Text with EEA relevance)
Date: 2015-10-08
Institutions: European Commission
Subjects: Croatia, State aid, accession to the European Union, control of State aid, economic aid, economic sector








C_2015331EN.01000601.xml










8.10.2015   


EN


Official Journal of the European Union


C 331/6





Publication of a list of measures considered by the Commission as existing aid, within the meaning of Article 108(1) of the Treaty on the Functioning of the European Union, upon accession of Croatia to the European Union
(Text with EEA relevance)
(2015/C 331/07)






(1)


In 2012 and 2013, in accordance with the procedure provided for in Annex IV, Chapter 2, paragraph 1 (c) (under Article 16) of the Treaty of Accession of Croatia to the European Union (‘Treaty of Accession’) (1), Croatia submitted to the Commission measures which it found to be compatible with the Union acquis. If the Commission did not raise an objection on the grounds of serious doubts as to the compatibility of the measure with the internal market the measure was regarded, upon accession, as existing aid within the meaning of Article 108(1) of the Treaty on the Functioning of the European Union (TFEU).










(2)


That procedure covered State aid measures to all sectors with the exception of aid granted to activities linked to the production of, and trade in, products listed in Annex I to the TFEU.










(3)


The Commission published the complete list of measures which it accepted as existing aid within the meaning of Article 108(1) and under the procedure mentioned in point (1) above, on the following internet address: http://ec.europa.eu/competition/state_aid/register/. Croatia was informed about the relevant Commission decisions by means of letters from the Commissioner for Competition.










(4)


The publication referred to in point (3) only lists aid measures covered by the procedure mentioned in point (1) excluding those measures which, upon accession, are also considered as existing aid pursuant Annex IV, Chapter 2, paragraph 1 (a) and (b) of the Treaty of Accession.






(1)  OJ L 112, 24.4.2012.
Case T-586/15: Action brought on 8 October 2015 — Nara tekstil sanayi ve ticaret v OHIM — NBC Fourth Realty (NaraMaxx)
Date: 2015-10-08
Institutions: General Court
Subjects: EU trade mark, clothing, registered trade mark, trade-mark law








C_2015406EN.01004201.xml










7.12.2015   


EN


Official Journal of the European Union


C 406/42






Action brought on 8 October 2015 — Nara tekstil sanayi ve ticaret v OHIM — NBC Fourth Realty (NaraMaxx)
(Case T-586/15)
(2015/C 406/43)
Language in which the application was lodged: English

Parties


Applicant: Nara Tekstil Sanayi Ve Ticaret Anonim Sirketi (Osmangazi-Bursa, Turkey) (represented by: M. López Camba, L. Monzón de la Flor, lawyers)

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

Other party to the proceedings before the Board of Appeal: NBC Fourth Realty Corp. (North Las Vegas, United States)

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 ‘NaraMaxx’ — Application for registration No 11 142 461.

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 27 July 2015 in Case R 1073/2014-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision, to the extent that it maintains the upholding of opposition B 2122938;










—


order OHIM to pay the costs incurred by Nara Tekstil Sanayi Ve Ticaret Anonim Sirketi;










—


order NBC Fourth Realty Corp. to pay the costs incurred by Nara Tekstil Sanayi Ve Ticaret Anonim Sirketi.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case T-336/14: Judgment of the General Court of 8 October 2015 — Société des produits Nestlé v OHIM (NOURISHING PERSONAL HEALTH) (Community trade mark — International registration designating the European Community — Word mark NOURISHING PERSONAL HEALTH — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Obligation on OHIM to examine the facts of its own motion — Article 76(1) of Regulation No 207/2009)
Date: 2015-10-08
Institutions: General Court
Subjects: EU trade mark, foodstuff, registered trade mark, trade-mark law








C_2015398EN.01005202.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/52





Judgment of the General Court of 8 October 2015 — Société des produits Nestlé v OHIM (NOURISHING PERSONAL HEALTH)
(Case T-336/14) (1)

((Community trade mark - International registration designating the European Community - Word mark NOURISHING PERSONAL HEALTH - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Obligation on OHIM to examine the facts of its own motion - Article 76(1) of Regulation No 207/2009))
(2015/C 398/66)
Language of the case: English

Parties


Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz, A. Lambrecht and S. Cobet-Nüse, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2014 (Case R 149/2013-4) concerning the international registration designating the European Community of the word mark NOURISHING PERSONAL HEALTH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Société des produits Nestlé SA to pay the costs.






(1)  OJ C 261, 11.8.2014.
Non-opposition to a notified concentration (Case M.7705 — Benson Elliot/Walton Street/Starwood/Hotel Portfolio) (Text with EEA relevance)
Date: 2015-10-08
Institutions: European Commission
Subjects: economic concentration, hotel industry, investment company, merger control








C_2015331EN.01000101.xml










8.10.2015   


EN


Official Journal of the European Union


C 331/1





Non-opposition to a notified concentration
(Case M.7705 — Benson Elliot/Walton Street/Starwood/Hotel Portfolio)
(Text with EEA relevance)
(2015/C 331/01)
On 2 October 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7705. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.