do-me/EUR-LEX huggingface dataset:
Case C-172/16: Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 25 March 2016 — Ljiljana Kammerer, Frank Kammerer v Swiss International Air Lines AG
Date: 2016-03-25
Institutions: Court of Justice
Subjects: Switzerland, agreement (EU), air transport, carriage of passengers, consumer protection, indemnification








C_2016211EN.01003101.xml










13.6.2016   


EN


Official Journal of the European Union


C 211/31






Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 25 March 2016 — Ljiljana Kammerer, Frank Kammerer v Swiss International Air Lines AG
(Case C-172/16)
(2016/C 211/40)
Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings


Applicants: Ljiljana Kammerer, Frank Kammerer

Defendant: Swiss International Air Lines AG

Question referred

Is the Agreement on air transport between the Swiss Confederation and the European Community of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, to be interpreted as meaning that Regulation (EC) No 261/2004 (1) is also applicable, in accordance with Article 3(1)(a) thereof, to passengers who intend to land in an airport in Switzerland on a flight from a third country?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Case T-137/16: Action brought on 25 March 2016 — Uniwersytet Wrocławski v Commission and REA
Date: 2016-03-25
Institutions: General Court
Subjects: EU aid, EU law - national law, EU programme, Framework Programme for Research and Development, contract terms, contractual liability, financial aid, reimbursement of aid, research project, termination of a contract








C_2016200EN.01002701.xml










6.6.2016   


EN


Official Journal of the European Union


C 200/27





Action brought on 25 March 2016 — Uniwersytet Wrocławski v Commission and REA
(Case T-137/16)
(2016/C 200/39)
Language of the case: Polish

Parties


Applicant: Uniwersytet Wrocławski (Wrocław, Poland) (represented by: W. Dubis, lawyer)

Defendants: European Commission and Research Executive Agency (REA)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Research Executive Agency (REA) to terminate Grant Agreement No 252908 for the COSSAR (Cooperative Spectrum Sensing Algorithms for Cognitive Radio Networks) Project (PIEF-GA-2009-252908), which was concluded on 26 July 2010 under the Seventh Framework Programme of the European Union — European Support for Training and Career Development of Researchers (Marie Curie) and to require the applicant to repay a portion of the financial assistance in the amounts of EUR 36 508,37 and EUR 58 031,38, to repay the security for the guarantee fund in the amount of 6 286,68 and to pay a contractual penalty in the amount of EUR 5 803,14;










—


require the REA to reimburse to the applicant the portion of the financial assistance in the amounts of EUR 36 508,37 and EUR 58 031,38, the security for the guarantee fund in the amount of 6 286,68 and the contractual penalty in the amount of EUR 5 803,14, increased by interest from the date of payment up to the date of reimbursement;










—


order the REA to pay the costs.





Pleas in law and main arguments

The applicant puts forward one plea in law concerning the REA’s interpretation of [Section III.3.1(j)] of Annex III to the Grant Agreement.






—


The applicant submits that, while the Grant Agreement does not contain any legal definition of the wording contained in the agreement in question, the normal understanding of that wording is at variance with that put forward by the REA. It invokes the rules on literal, functional and teleological interpretation under Belgian law, which, according to the terms of the Grant Agreement, are applicable in full to the latter.