do-me/EUR-LEX huggingface dataset:
Case T-510/13: Judgment of the General Court of 17 December 2015 — Italy v Commission (Languages — Notice of open competition for the recruitment of translators — Choice of second language from three languages — Language of communication with the candidates to the competition — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality)
Date: 2015-12-17
Institutions: General Court
Subjects: EPSO, administrator, competition (EU), equal treatment, linguistic discrimination, principle of proportionality, staff regulations (EU), translation, use of languages








C_2016059EN.01001501.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/15





Judgment of the General Court of 17 December 2015 — Italy v Commission
(Case T-510/13) (1)

((Languages - Notice of open competition for the recruitment of translators - Choice of second language from three languages - Language of communication with the candidates to the competition - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Principle of non-discrimination - Proportionality))
(2016/C 059/15)
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili and S. Fiorentino, avvocati dello Stato)

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

Intervener in support of the applicant: Kingdom of Spain (represented by: J. García-Valdecasas Dorrego, abogado del Estado)

Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze and B. Beutler, acting as Agents)

Re:

Application for annulment of notice of open competitions EPSO/AD/260/13, EPSO/AD/261/13, EPSO/AD/262/13, EPSO/AD/263/13, EPSO/AD/264/13, EPSO/AD/265/13 and EPSO/AD/266/13 to draw up reserve lists for the recruitment of Danish-language translators, English-language translators, French-language translators, Italian-language translators, Maltese-language translators, Dutch-language translators and Slovenian-language translators (OJ 2013 C 199 A, p. 1).

Operative part of the judgment

The Court:






1)


Annuls the notice of open competitions EPSO/AD/260/13, EPSO/AD/261/13, EPSO/AD/262/13, EPSO/AD/263/13, EPSO/AD/264/13, EPSO/AD/265/13 and EPSO/AD/266/13 to draw up reserve lists for the recruitment of Danish-language translators, English-language translators, French-language translators, Italian-language translators, Maltese-language translators, Dutch-language translators and Slovenian-language translators;










2)


Orders the European Commission to bear, in addition to its own costs, those incurred by the Italian Republic;










3)


Orders the Kingdom of Spain and the Federal Republic of Germany to bear their own costs relating to their interventions.






(1)  OJ C 336, 16.11.2013.
Case F-76/14: Order of the Civil Service Tribunal (2nd Chamber) of 17 December 2015 — López Cabeza v Commission (Civil Service — Open competition — Competition notice EPSO/AD/248/13 — Non-inclusion on the reserve list — Insufficient mark in the assessment centre tests — Action for annulment — Breach of the competition notice — Illegality of a test)
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, building safety, competition (EU)








C_2016048EN.01009802.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/98





Order of the Civil Service Tribunal (2nd Chamber) of 17 December 2015 — López Cabeza v Commission
(Case F-76/14) (1)

((Civil Service - Open competition - Competition notice EPSO/AD/248/13 - Non-inclusion on the reserve list - Insufficient mark in the assessment centre tests - Action for annulment - Breach of the competition notice - Illegality of a test))
(2016/C 048/113)
Language of the case: Spanish

Parties


Applicant: Alfonso López Cabeza (Valladolid, Spain) (represented by: G. Suárez de Castro and M. Orman, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and G. Gattinara)

Re:

Application for annulment of the decision not to include the applicant on the reserve list for Competition EPSO/AD/248/13.

Operative part of the order







1.


The action is dismissed as manifestly unfounded.










2.


The European Commission shall bear its own costs and is ordered to pay all the costs incurred by Mr López Cabeza.






(1)  OJ C 388, 3.11.2014, p. 30.
Case C-517/13: Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Tribunal de première instance de Namur — Belgium) — Proximus SA, formerly Belgacom SA, continuing the proceedings brought by Belgacom Mobile SA v Province of Namur (Reference for a preliminary ruling — Electronic communications networks and services — Directive 97/13/EC — Articles 4 and 11 — Directive 2002/20/EC — Article 6 — Conditions which may be attached to the general authorisation and to the rights of use for radio frequencies and numbers, and specific obligations — Article 13 — Fee for the rights to install facilities — Scope — Provincial legislation — Charge on mobile telephony network transmission and reception pylons and/or units)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: mobile phone, payment, radio telecommunications, regulation of telecommunications, transmission network








C_2016068EN.01000301.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/3





Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Tribunal de première instance de Namur — Belgium) — Proximus SA, formerly Belgacom SA, continuing the proceedings brought by Belgacom Mobile SA v Province of Namur
(Case C-517/13) (1)

((Reference for a preliminary ruling - Electronic communications networks and services - Directive 97/13/EC - Articles 4 and 11 - Directive 2002/20/EC - Article 6 - Conditions which may be attached to the general authorisation and to the rights of use for radio frequencies and numbers, and specific obligations - Article 13 - Fee for the rights to install facilities - Scope - Provincial legislation - Charge on mobile telephony network transmission and reception pylons and/or units))
(2016/C 068/03)
Language of the case: French

Referring court

Tribunal de première instance de Namur

Parties to the main proceedings


Applicant: Proximus SA, formerly Belgacom SA, continuing the proceedings brought by Belgacom Mobile SA

Defendant: Province of Namur

Operative part of the judgment

Articles 6 and 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) must be interpreted as not precluding a charge, such as that at issue in the main proceedings, being imposed on any natural or legal persons operating mobile telephony network transmission and reception pylons and/or units.


(1)  OJ C 352, 30.11.2013.
Case C-605/14: Judgment of the Court (Seventh Chamber) of 17 December 2015 (request for a preliminary ruling from the Korkein oikeus — Finland) — Virpi Komu, Hanna Ruotsalainen, Ritva Komu v Pekka Komu, Jelena Komu (Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Scope — Exclusive jurisdiction — Article 22(1) — Proceedings concerning rights in rem in immovable property — Concept — Action to terminate, by way of sale, the co-ownership in undivided shares of immovable property)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: joint ownership, jurisdiction, real property








C_2016068EN.01001802.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/18





Judgment of the Court (Seventh Chamber) of 17 December 2015 (request for a preliminary ruling from the Korkein oikeus — Finland) — Virpi Komu, Hanna Ruotsalainen, Ritva Komu v Pekka Komu, Jelena Komu
(Case C-605/14) (1)

((Reference for a preliminary ruling - Regulation (EC) No 44/2001 - Scope - Exclusive jurisdiction - Article 22(1) - Proceedings concerning rights in rem in immovable property - Concept - Action to terminate, by way of sale, the co-ownership in undivided shares of immovable property))
(2016/C 068/22)
Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings


Applicants: Virpi Komu, Hanna Ruotsalainen, Ritva Komu

Defendants: Pekka Komu, Jelena Komu

Operative part of the judgment

The first paragraph of Article 22(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action for the termination of co-ownership in undivided shares of immovable property by way of sale, by an appointed agent, falls within the category of proceedings ‘which have as their object rights in rem in immovable property’ within the meaning of that provision.


(1)  OJ C 81, 9.3.2015.
Prior notification of a concentration (Case M.7880 — Mitsubishi Heavy Industries/UniCarriers Holdings) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-17
Institutions: European Commission
Subjects: economic concentration, hoisting equipment, holding company, mechanical engineering, merger control








C_2015421EN.01002501.xml










17.12.2015   


EN


Official Journal of the European Union


C 421/25





Prior notification of a concentration
(Case M.7880 — Mitsubishi Heavy Industries/UniCarriers Holdings)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 421/10)






1.


On 9 December 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 Mitsubishi Heavy Industries, Ltd (Japan), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking UniCarriers Holdings Corporation (Japan) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Mitsubishi Heavy Industries, Ltd: various industrial activities, including the production and sale of forklifts in the EEA;
—   for UniCarriers Holdings Corporation: development, manufacture and marketing of forklifts, containers carriers, transfer cranes, other material handling machinery and forklift engines.










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.7880 — Mitsubishi Heavy Industries/UniCarriers Holdings, 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.
Public holidays in 2016: EEA EFTA States and EEA institutions
Date: 2015-12-17
Institutions: EFTA Surveillance Authority
Subjects: EEA joint institution, EFTA countries, public holiday








C_2015421EN.01001101.xml










17.12.2015   


EN


Official Journal of the European Union


C 421/11





Public holidays in 2016: EEA EFTA States and EEA institutions
(2015/C 421/07)










 


Iceland


Liechtenstein


Norway


EFTA Surveillance Authority


EFTA Court




1 January


X


X


X


X


X




6 January


 


X


 


 


 




2 February


 


X


 


 


 




8 February


 


 


 


 


X




9 February


 


X


 


 


 




24 March


X


 


X


X


X




25 March


X


X


X


X


X




28 March


X


X


X


X


X




21 April


X


 


 


 


 




5 May


X


X


X


X


X




6 May


 


 


 


X


X




16 May


X


X


X


X


X




17 May


 


 


X


 


 




26 May


 


X


 


 


 




17 June


X


 


 


 


 




23 June


 


 


 


 


X




24 June


 


 


 


 


X




1 August


X


 


 


 


 




15 August


 


X


 


X


X




29 August


 


 


 


 


X




8 September


 


X


 


 


 




1 November


 


X


 


X


X




2 November


 


 


 


 


X




8 December


 


X


 


 


 




23 December


 


 


 


X


 




26 December


X


X


X


X


X




27 December


 


 


 


X


X




28 December


 


 


 


X


X




29 December


 


 


 


X


X




30 December


 


 


 


X


X




Public holidays falling on Saturdays and Sundays are not listed.
Case C-454/13: Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Proximus SA, formerly Belgacom SA v Commune d’Etterbeek (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges — Fee for rights to install facilities — Scope — Municipal legislation — Charge on mobile telephony antennae)
Date: 2015-12-17
Institutions: Court of Justice
Subjects: mobile phone, payment, radio telecommunications, regulation of telecommunications, transmission network








C_2016068EN.01000201.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/2





Judgment of the Court (Third Chamber) of 17 December 2015 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Proximus SA, formerly Belgacom SA v Commune d’Etterbeek
(Case C-454/13) (1)

((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/20/EC - Articles 12 and 13 - Administrative charges - Fee for rights to install facilities - Scope - Municipal legislation - Charge on mobile telephony antennae))
(2016/C 068/02)
Language of the case: French

Referring court

Tribunal de première instance francophone de Bruxelles

Parties to the main proceedings


Applicant: Proximus SA, formerly Belgacom SA

Defendant: Commune d’Etterbeek

Operative part of the judgment

Articles 12 and 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) must be interpreted as not precluding a charge, such as that at issue in the main proceedings, being imposed on any natural or legal persons who are proprietors of a right in rem over, or of a right to operate, a mobile telephony antenna.


(1)  OJ C 313, 26.10.2013.
Action brought on 17 December 2015 by the EFTA Surveillance Authority against Iceland (Case E-33/15)
Date: 2015-12-17
Institutions: EFTA Court
Subjects: European Medicines Agency, Iceland, consumer information, drug surveillance, infringement of EU law, market approval, marketing standard, medicinal product, national implementing measure, withdrawal from the market








C_2016216EN.01001101.xml










16.6.2016   


EN


Official Journal of the European Union


C 216/11





Action brought on 17 December 2015 by the EFTA Surveillance Authority against Iceland
(Case E-33/15)
(2016/C 216/08)
An action against Iceland was brought before the EFTA Court on 17 December 2015 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Clémence Perrin and Íris Ísberg, 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 2012/26/EU of the European Parliament and of the Council of 25 October 2012 amending Directive 2001/83/EC as regards pharmacovigilance), 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 2012/26/EU of the European Parliament and of the Council of 25 October 2012 amending Directive 2001/83/EC as regards pharmacovigilance), 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.
Non-opposition to a notified concentration (Case M.7678 — Equinix/Telecity) (Text with EEA relevance)
Date: 2015-12-17
Institutions: European Commission
Subjects: economic concentration, information technology industry, merger control, on line data service, property leasing








C_2015421EN.01000101.xml










17.12.2015   


EN


Official Journal of the European Union


C 421/1





Non-opposition to a notified concentration
(Case M.7678 — Equinix/Telecity)
(Text with EEA relevance)
(2015/C 421/01)
On 13 November 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) in conjunction with Article 6(2) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English 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 32015M7678. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case F-95/14: Judgment of the Civil Service Tribunal (First Chamber) of 17 December 2015 — Seigneur v ECB (Civil service — ECB staff — Members of the Staff Committee — Remuneration — Salary — Additional increase in salary — Eligibility)
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: bonus payment, damages, pay, pay rise








C_2016048EN.01009202.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/92





Judgment of the Civil Service Tribunal (First Chamber) of 17 December 2015 — Seigneur v ECB
(Case F-95/14) (1)

((Civil service - ECB staff - Members of the Staff Committee - Remuneration - Salary - Additional increase in salary - Eligibility))
(2016/C 048/104)
Language of the case: French

Parties


Applicant: Olivier Seigneur (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: E. Carlini, D. Camilleri Podestà and M. López Torres, acting as Agents, B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision of the Executive Board of the ECB not to grant the applicant an additional salary increase, in the context of the annual revision of salaries and bonuses for 2014.

Operative part of the judgment

The Tribunal:






1)


Annuls the decision of the Executive Board of the European Central Bank of 25 February 2014 not to grant an additional salary increase for 2014 to Mr Seigneur;










2)


Dismisses the action as to the remainder;










3)


The European Central Bank shall bear its own costs and pay those incurred by Mr Seigneur.






(1)  OJ C 24/11/2014, p. 63.
Case F-58/15: Order of the Civil Service Tribunal of 17 December 2015 — FW v Commission
Date: 2015-12-17
Institutions: Civil Service Tribunal
Subjects: European official, damages, health expenditure, married person, therapeutics








C_2016048EN.01010203.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/102





Order of the Civil Service Tribunal of 17 December 2015 — FW v Commission
(Case F-58/15) (1)

(2016/C 048/120)
Language of the case: French
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 213, 29/6/2015, p. 47.
Joined Cases T-515/13 and T-719/13: Judgment of the General Court of 17 December 2015 — Spain v Commission (State aid — Shipbuilding — Tax provisions applicable to certain agreements for the financing and acquisition of vessels — Decision declaring the aid partly incompatible with the internal market and ordering its recovery in part — Action for annulment — Individual concern — Admissibility — Advantage — Selective nature — Effect on trade between Member States — Adverse effect on competition — Obligation to state reasons)
Date: 2015-12-17
Institutions: General Court
Subjects: Spain, State aid, control of State aid, hire purchase, restriction on competition, shipbuilding, tax system








C_2016059EN.01001601.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/16





Judgment of the General Court of 17 December 2015 — Spain v Commission
(Joined Cases T-515/13 and T-719/13) (1)

((State aid - Shipbuilding - Tax provisions applicable to certain agreements for the financing and acquisition of vessels - Decision declaring the aid partly incompatible with the internal market and ordering its recovery in part - Action for annulment - Individual concern - Admissibility - Advantage - Selective nature - Effect on trade between Member States - Adverse effect on competition - Obligation to state reasons))
(2016/C 059/16)
Language of the cases: Spanish

Parties


Applicants: Kingdom of Spain (represented by: initially, N. Díaz Abad and, subsequently, M. Sampol Pucurull, abogados del Estado) (Case T-515/13); Lico Leasing, SA (Madrid, Spain) and Pequeños y Medianos Astilleros Sociedad de Reconversión, SA (Madrid) (represented by: M. Merola and A. Sánchez, lawyers) (Case T-719/13)

Defendant: European Commission (represented by: V. Di Bucci, M. Afonso, É. Gippini Fournier and P. Němečková, acting as Agents)

Re:

Application for annulment of Commission Decision 2014/200/EU of 17 July 2013 on the aid scheme SA.21233 C/11 (ex NN/11, ex CP 137/06) implemented by Spain — Tax scheme applicable to certain finance lease agreements, also known as the ‘Spanish Tax Lease System’ (OJ 2014 L 114, p. 1).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2014/200/EU of 17 July 2013, on the aid scheme SA.21233 C/11 (ex NN/11, ex CP 137/06) implemented by Spain — Tax scheme applicable to certain finance lease agreements, also known as the ‘Spanish Tax Lease System’;










2.


Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain, Lico Leasing, SA and Pequeños y Medianos Astilleros Sociedad de Reconversión, SA.






(1)  OJ C 336, 16.11.2013.