do-me/EUR-LEX huggingface dataset:
Case F-133/15: Action brought on 12 October 2015 — ZZ v Commission
Date: 2015-10-12
Institutions: Civil Service Tribunal
Subjects: administrative sanction, administrator, damages, interest, pay scale








C_2015414EN.01004502.xml










14.12.2015   


EN


Official Journal of the European Union


C 414/45





Action brought on 12 October 2015 — ZZ v Commission
(Case F-133/15)
(2015/C 414/58)
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to impose on the applicant, following an investigation concerning a conflict of interest, a penalty of permanent downgrading by two grades, and compensation for the non-material damage which the applicant claims to have suffered.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of 10 December 2014 to impose on the applicant, as a disciplinary measure, a penalty of permanent downgrading, in the same function group, from grade AD 11 to grade AD 9;










—


award the applicant a sum of EUR 1 00  000 by way of compensation in relation to the long duration of the procedure;










—


order the Commission to pay the costs.
Case T-589/15: Action brought on 12 October 2015 — Eurorail v Commission and INEA
Date: 2015-10-12
Institutions: General Court
Subjects: EU aid, carriage of goods, contractual liability, executive agency, financial aid, interest, rail transport, reimbursement of aid, trans-European network, transport network








C_2016027EN.01006101.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/61





Action brought on 12 October 2015 — Eurorail v Commission and INEA
(Case T-589/15)
(2016/C 027/78)
Language of the case: English

Parties


Applicant: Eurorail NV (Aalst, Belgium) (represented by: J. Derenne, N. Pourbaix and M. Domecq, lawyers)

Defendants: Innovation and Networks Executive Agency (INEA) and European Commission

Form of order sought

The applicant claims that the Court should:






—


declare, pursuant to Article 272 TFEU, that INEA's decision of 17 July 2015 terminating the Grant Agreement (1) and ordering the recovery of part of the advances paid to the applicant, is invalid and unenforceable, and that the final grant amount due to the applicant be set at EUR 951,813;










—


alternatively, the applicant claims that the Commission and INEA be held contractually liable for the loss caused to the applicant as a result of the decision and order the recovery of EUR 581,770 (plus interest);










—


alternatively, order INEA/the Commission to withdraw the decision, and;










—


order INEA/the Commission to bear the applicant’s legal costs.





Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.






1.


First plea in law, alleging that INEA and the Commission acted in breach of their obligations under the Grant Agreement. As a result, the applicant submits that they wrongfully terminated the Grant Agreement and ordered recovery of part of the advances paid to the applicant.










2.


Second plea in law, alleging that INEA and the Commission acted in breach of the principle of performance in good faith of contractual obligations.










3.


Third plea in law, alleging that INEA and the Commission breached the applicant's legitimate expectations.






(1)  Grant Agreement MPO/09/058/SI1.5555667 ‘RAIL2’ (Marco Polo II Call 2009).
Case F-132/15: Action brought on 12 October 2015 — ZZ v Commission
Date: 2015-10-12
Institutions: Civil Service Tribunal
Subjects: disability insurance, servant (EU), staff regulations (EU)








C_2015406EN.01004602.xml










7.12.2015   


EN


Official Journal of the European Union


C 406/46






Action brought on 12 October 2015 — ZZ v Commission
(Case F-132/15)
(2015/C 406/49)
Language of the case: French

Parties


Applicant: ZZ (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to apply the medical reservation clause in Article 32 of the CEOS, retroactively, with effect from the date of entry into service of the applicant with the Commission and to suspend the invalidity and death insurance and, in addition, annulment of the decision to bar the applicant from being recruited by the Commission for a period of six years to run from the date on which her last contract ended.

Form of order sought







—


Annul the decisions of the AECE concerning, firstly, the retroactive application to the applicant of the medical reservation in Article 32 of the CEOS and the suspension of the invalidity and death insurance and, secondly, the bar on the Commission’s recruiting the applicant for a period of six years;










—


Order the Commission to pay the costs.
Case T-592/15: Action brought on 12 October 2015 — Novartis v OHIM — SK Chemicals (Representation of a patch)
Date: 2015-10-12
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2015414EN.01003501.xml










14.12.2015   


EN


Official Journal of the European Union


C 414/35





Action brought on 12 October 2015 — Novartis v OHIM — SK Chemicals (Representation of a patch)
(Case T-592/15)
(2015/C 414/46)
Language in which the application was lodged: English

Parties


Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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

Other party to the proceedings before the Board of Appeal: SK Chemicals GmbH (Eschborn, Germany)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark (Representation of a patch) — Application for registration No 11 293 362

Procedure before OHIM: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 7 August 2015 in Case R 2342/2014-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision.





Pleas in law







—


Infringement of Article 7(1)(e)(ii) of Regulation No 207/2009;










—


Infringement of the principle of fair trial by the Board of Appeal of OHIM.
Council Decision (CFSP) 2015/1838 of 12 October 2015 amending Decision 2013/391/CFSP in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery
Date: 2015-10-12
Institutions: Council of the European Union
Subjects: UN resolution, non-proliferation of arms, the EU's international role, weapon of mass destruction




L_2015266EN.01009601.xml










13.10.2015   


EN


Official Journal of the European Union


L 266/96








            COUNCIL DECISION (CFSP) 2015/1838
of 12 October 2015
         
amending Decision 2013/391/CFSP in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 22 July 2013, the Council adopted Decision 2013/391/CFSP (1).












(2)


Decision 2013/391/CFSP sets out for projects referred to therein (‘the projects’) an implementation period of 24 months from the date of the conclusion of a financing agreement between the Commission and the UN Secretariat (Office for Disarmament Affairs).












(3)


On 4 June 2015, the implementing agency, namely the UN Office for Disarmament Affairs (UNODA), requested the authorisation of the Union for the extension of the implementation period until 25 April 2016 in order to allow for the continuation of the implementation of the projects beyond the initial expiry date.












(4)


In its request of 4 June 2015, UNODA stated that the continuation of the projects could be performed without any resource implication.












(5)


Decision 2013/391/CFSP should therefore be extended to allow for the full implementation of the projects,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2013/391/CFSP is hereby amended as follows:






(1)


in Article 5, paragraph 2 is replaced by the following:

‘2.   This Decision shall expire on 25 April 2016.’;











(2)


in the Annex, point 6 is replaced by the following:
‘6.   DURATION
This Decision will expire on 25 April 2016.’.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 12 October 2015.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision 2013/391/CFSP of 22 July 2013 in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery (OJ L 198, 23.7.2013, p. 40).
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2015-10-12
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2015337EN.01000101.xml










12.10.2015   


EN


Official Journal of the European Union


C 337/1





Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

(2015/C 337/01)

Last publication


OJ C 328, 5.10.2015


Past publications


OJ C 320, 28.9.2015


OJ C 311, 21.9.2015


OJ C 302, 14.9.2015


OJ C 294, 7.9.2015


OJ C 279, 24.8.2015


OJ C 270, 17.8.2015

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu