do-me/EUR-LEX huggingface dataset:
Case T-733/15: Action brought on 16 December 2015 — Portuguese Republic v Commission
Date: 2015-12-16
Institutions: General Court
Subjects: infringement of EU law, periodic penalty payment, powers of the institutions (EU), principle of legal certainty, telecommunications, universal service








C_2016068EN.01003501.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/35





Action brought on 16 December 2015 — Portuguese Republic v Commission
(Case T-733/15)
(2016/C 068/45)
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes and M. Figueiredo, Agents, assisted by L. Silva Morais, lawyer)

Defendant: European Commission

Form of order sought







—


Annul the Commission decision notified by the Secretariat-General of the Commission in Case SG-Greffe (2015) D/11533 of 12 October 2015; (1)











—


order the European Commission to pay the costs.





Pleas in law and main arguments

The Portuguese Republic maintains that the request for payment sent by the Secretariat-General of the European Commission in Case SG-Greffe (2015) D/11533 of 12 October 2015 is flawed by reason of the following and must, therefore, be declared invalid:






1.


There is no justification for the contested measure as the Commission has usurped the powers of EU judicature and therefore lacks competence.










2.


The measure is based on an artificial division of the effects of the judgment of the Court of Justice in Case C-76/13, thus resulting in infringement of the Treaties or of any rule of law relating to their application.










3.


The Commission measure that is contested in this annulment action disregards the principle of res judicata, resulting once again in infringement of the Treaties or of any rule of law relating to their application.










4.


The measure is also unlawful on the ground that it disregards the principles of legal certainty, the stability of legal relations and legitimate expectations, recognised by EU law.










5.


The measure infringes the principle of the prohibition of double penalties, which precludes obtaining, through a new individual legal act, what could not be obtained previously by means of the judicial decision, resulting in infringement of the Treaties or of any rule of law relating to their application.






(1)  Decision of the Director General of the Directorate-General for Communications Networks, Content and Technology of the European Commission, which required the Portuguese Republic to pay, between 25 June and 21 August 2014, the sum of EUR 580 000 by way of application of the periodic penalty payment which it was ordered go pay by the Court of Justice in Case C-76/13.
Case F-135/14: Judgment of the Civil Service Tribunal (Second Chamber) of 16 December 2015 — DE v EMA (Civil service — EMA staff — Placement on ‘non-active status’ — Act adversely affecting an official or staff member — Right to be heard — Infringement)
Date: 2015-12-16
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, early retirement








C_2016048EN.01009501.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/95





Judgment of the Civil Service Tribunal (Second Chamber) of 16 December 2015 — DE v EMA
(Case F-135/14) (1)

((Civil service - EMA staff - Placement on ‘non-active status’ - Act adversely affecting an official or staff member - Right to be heard - Infringement))
(2016/C 048/107)
Language of the case: English

Parties


Applicant: DE (represented by: S. Rodrigues and A. Blot, lawyers)

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

Re:

Application for annulment of the EMA’s decision to suspend the applicant from duty and a request for compensation for the non-material harm which he claims to have suffered.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 31 January 2014 by which the European Medicines Agency placed DE on ‘non-active status’;










2.


Orders the European Medicines Agency to pay DE the sum of EUR 10 000;










3.


Orders the European Medicines Agency to bear its own costs and to pay the costs incurred by DE.






(1)  OJ C 16, 19/1/2015, p. 50.
Action brought on 16 December 2015 by the EFTA Surveillance Authority against Iceland (Case E-30/15)
Date: 2015-12-16
Institutions: EFTA Court
Subjects: EFTA, Iceland, distributive trades, drug surveillance, illicit trade, industrial counterfeiting, infringement of EU law, market approval, medicinal product, national implementing measure








C_2016216EN.01000801.xml










16.6.2016   


EN


Official Journal of the European Union


C 216/8





Action brought on 16 December 2015 by the EFTA Surveillance Authority against Iceland
(Case E-30/15)
(2016/C 216/05)
An action against Iceland was brought before the EFTA Court on 16 December 2015 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Clémence Perrin and Marlene Lie Hakkebo, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that Iceland has failed to fulfil its obligations under the Act referred to at point 15q of Chapter XIII of Annex II to the Agreement on the European Economic Area (Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community Code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products), as adapted to the Agreement by way of Protocol 1 thereto, and under Article 7 of the Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event by failing to inform the EFTA Surveillance Authority thereof.










2.


Order Iceland to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


The application addresses Iceland’s failure to comply, no later than 14 March 2015, with a reasoned opinion delivered by the EFTA Surveillance Authority on 14 January 2015 regarding that State’s failure to implement into its national legal order Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community Code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products, as referred to at point 15q of Chapter XIII of Annex II to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).










—


The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.
Case T-40/11: Judgment of the General Court of 16 December 2015 — Latam Airlines Group and Lan Cargo v Commission (Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons)
Date: 2015-12-16
Institutions: General Court
Subjects: additional duty, air transport, carriage of goods, cartel, control of restrictive practices, fine, infringement of EU law, international cartel, price agreement








C_2016048EN.01003401.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/34





Judgment of the General Court of 16 December 2015 — Latam Airlines Group and Lan Cargo v Commission
(Case T-40/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))
(2016/C 048/38)
Language of the case: English

Parties


Applicants: Latam Airlines Group SA, formerly Lan Airlines SA (Santiago, Chile); and Lan Cargo SA (Santiago) (represented by: B. Hartnett, Barrister, and O. Geiss, lawyer)

Defendant: European Commission (represented initially by S. Noë, N. von Lingen and G. Koleva, and subsequently by G. Koleva and A. Dawes, acting as Agents, and by G. Peretz, Barrister)

Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón and M. Simm, acting as Agents)

Re:

Application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns the applicants, and, in the alternative, for the reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Latam Airlines Group SA, formerly Lan Airlines SA, and Lan Cargo SA;










2.


Orders the European Commission to bear its own costs and to pay those of Latam Airlines Group and Lan Cargo;










3.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 80, 12.3.2011.
European Parliament decision of 16 December 2015 on the extension of the term of office of the Chairperson of the European Banking Authority (EBA) (C8-0313/2015 — 2015/0903(NLE))
Date: 2015-12-16
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: EU office or agency, banking, president of an institution








C_2017399EN.01023701.xml










24.11.2017   


EN


Official Journal of the European Union


C 399/237





P8_TA(2015)0450
Extension of the term of office of the Chairperson of the European Banking Authority (EBA)
European Parliament decision of 16 December 2015 on the extension of the term of office of the Chairperson of the European Banking Authority (EBA) (C8-0313/2015 — 2015/0903(NLE))
(Approval)
(2017/C 399/49)

The European Parliament,






—


having regard to the proposal of the Board of Supervisors of the European Banking Authority (EBA) of 8 September 2015 to extend the term of office of the Chairperson of the EBA by another five-year term (C8-0313/2015),










—


having regard to Article 48(4) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (1),










—


having regard to its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A8-0347/2015),










A.


whereas the first Chairperson of the EBA was appointed by the Board of Supervisors of the EBA in 2011, following an open selection procedure, for a term of office of five years, in accordance with Article 48(2) of Regulation (EU) No 1093/2010;










B.


whereas Article 48(4) of Regulation (EU) No 1093/2010 provides that the Board of Supervisors of the EBA, taking into account the evaluation referred to in that provision, may extend the term of office of the Chairperson of the EBA once, subject to confirmation by the European Parliament;










C.


whereas, on 8 September 2015, the Board of Supervisors of the EBA proposed to extend the term of office of Andrea Enria, the incumbent Chairperson of the EBA, by another five-year term, and informed the European Parliament accordingly;










D.


whereas, on 17 November 2015, the Committee on Economic and Monetary Affairs held a hearing with Andrea Enria, the incumbent Chairperson of the EBA, at which he made an opening statement and then responded to questions from the members of the Committee;












1.


Approves the proposal for the extension of the term of office of Andrea Enria as Chairperson of the EBA by another five-year term;












2.


Instructs its President to forward this decision to the Council, the Commission, the EBA and the governments of the Member States.






(1)  OJ L 331, 15.12.2010, p. 12.
Case T-356/14: Judgment of the General Court of 16 December 2015 — CareAbout v OHIM — Florido Rodríguez (Kerashot) (Community trade mark — Opposition proceedings — Application for Community word mark Kerashot — Earlier national figurative mark K KERASOL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration by the Board of Appeal)
Date: 2015-12-16
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2016048EN.01004701.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/47





Judgment of the General Court of 16 December 2015 — CareAbout v OHIM — Florido Rodríguez (Kerashot)
(Case T-356/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark Kerashot - Earlier national figurative mark K KERASOL - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial refusal of registration by the Board of Appeal))
(2016/C 048/53)
Language of the case: English

Parties


Applicant: CareAbout GmbH (Düsseldorf, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt, M. Bergermann, J. Vogtmeier and A. Kramer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: José Luis Florido Rodríguez (Seville, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 March 2014 (Case R 1569/2013-4), relating to opposition proceedings between José Luis Florido Rodriguez and CareAbout GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders CareAbout GmbH to pay the costs.






(1)  OJ C 253, 4.8.2014.
Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 January 2016 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))
Date: 2015-12-16
Institutions: European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2015418EN.01001401.xml










16.12.2015   


EN


Official Journal of the European Union


C 418/14





Commission notice on current State aid recovery interest rates and reference/discount rates for 28 Member States applicable as from 1 January 2016
(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (
OJ L 140, 30.4.2004, p. 1
))
(2015/C 418/06)
Base rates calculated in accordance with the communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6.). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 333, 9.10.2015, p. 3.


































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.1.2016


…



0,12




0,12




1,63




0,12




0,46




0,12




0,36




0,12




0,12




0,12




0,12




0,12




1,92




1,37




0,12




0,12




0,12




0,12




0,12




0,12




0,12




1,83




0,12




1,65




-0,22




0,12




0,12




1,04
Council Decision of 16 December 2015 renewing the Governing Board of the European Centre for the Development of Vocational Training
Date: 2015-12-16
Institutions: Council of the European Union
Subjects: Cedefop, Sweden, appointment of members, board of directors








C_2015430EN.01000401.xml










22.12.2015   


EN


Official Journal of the European Union


C 430/4





COUNCIL DECISION
of 16 December 2015
renewing the Governing Board of the European Centre for the Development of Vocational Training
(2015/C 430/06)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nominee submitted to the Council by the Commission as regards the employees' representatives,
Whereas:






(1)


By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.










(2)


A member's seat is available for Sweden on the Governing Board of the Centre in the category of Employees' representatives,




HAS DECIDED AS FOLLOWS:
Article 1
The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
REPRESENTATIVES OF THE EMPLOYEES' ORGANISATIONS:






SWEDEN


Ms Ann-Sofi SJÖBERG




Article 2
This Decision shall be published, for information, in the Official Journal of the European Union.

Done at Brussels, 16 December 2015.


For the Council


The President

C. DIESCHBOURG




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 232, 16.7.2015, p. 2.

(3)  OJ C 305, 16.9.2015, p. 2.
Case T-67/11: Judgment of the General Court of 16 December 2015 — Martinair Holland v Commission (Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons)
Date: 2015-12-16
Institutions: General Court
Subjects: additional duty, air transport, carriage of goods, cartel, control of restrictive practices, fine, infringement of EU law, international cartel, price agreement








C_2016048EN.01004101.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/41





Judgment of the General Court of 16 December 2015 — Martinair Holland v Commission
(Case T-67/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))
(2016/C 048/45)
Language of the case: English

Parties


Applicant: Martinair Holland NV (Haarlemmermeer, Netherlands) (represented by: R. Wesseling, lawyer)

Defendant: European Commission (represented initially by S. Noë, N. von Lingen and C. Giolito, and subsequently by S. Noë, C. Giolito and A. Dawes, acting as Agents, and by B. Doherty, Barrister)

Re:

Application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns the applicant, or, at the very least, for annulment of Article 5(b) of that decision, in so far as it imposes a fine on the applicant, or for the reduction of that fine.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Martinair Holland NV;










2.


Orders the European Commission to bear its own costs and to pay those of Martinair Holland.






(1)  OJ C 95, 26.3.2011.
Judgment of the Court of 16 December 2015 in Case E-13/15 — Abuelo Insua Juan Bautista v Liechtensteinische Invalidenversicherung (Coordination of social security systems — Article 87(2) of Regulation (EC) No 987/2009 — Binding effect of medical findings of institution of place of stay or residence — Right to challenge those findings — Principle of equal treatment)
Date: 2015-12-16
Institutions: EFTA Court
Subjects: Liechtenstein, equal treatment, interpretation of the law, medical report, residence, social-security benefit, social-security harmonisation








C_2017002EN.01000401.xml










5.1.2017   


EN


Official Journal of the European Union


C 2/4





JUDGMENT OF THE COURT
of 16 December 2015
in Case E-13/15
Abuelo Insua Juan Bautista v Liechtensteinische Invalidenversicherung
(Coordination of social security systems — Article 87(2) of Regulation (EC) No 987/2009 — Binding effect of medical findings of institution of place of stay or residence — Right to challenge those findings — Principle of equal treatment)
(2017/C 2/04)
In Case E-13/15, Abuelo Insua Juan Bautista v Liechtensteinische Invalidenversicherung — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Court of Appeal (Fürstliches Obergericht) concerning the interpretation of Article 87(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 16 December 2015, the operative part of which is as follows:
Article 87(2) of Regulation (EC) No 987/2009 does not prevent a recipient or claimant of benefits from challenging the findings of an institution of the place of stay or residence made under the said provision in an administrative procedure before a debtor institution.