do-me/EUR-LEX huggingface dataset:
Case F-77/15: Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — Zink v Commission (Civil Service — Officials — Expatriation allowance — Administrative error meaning that no expatriation allowance was paid for a number of years — Adversely affecting act — Salary statements not reflecting a decision — Article 82 of the Rules of Procedure — Absolute bar to proceedings — Irregularity of the pre-litigation procedure — Application within the meaning of Article 90(1) of the Staff Regulations — Reasonable time)
Date: 2016-04-11
Institutions: Civil Service Tribunal
Subjects: European official, allowances and expenses, expatriate worker, interest, staff regulations (EU)








C_2016191EN.01004901.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/49





Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — Zink v Commission
(Case F-77/15) (1)

((Civil Service - Officials - Expatriation allowance - Administrative error meaning that no expatriation allowance was paid for a number of years - Adversely affecting act - Salary statements not reflecting a decision - Article 82 of the Rules of Procedure - Absolute bar to proceedings - Irregularity of the pre-litigation procedure - Application within the meaning of Article 90(1) of the Staff Regulations - Reasonable time))
(2016/C 191/70)
Language of the case: French

Parties


Applicant: Richard Zink (Bamako, Mali) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: T.S. Bohr and F. Simonetti, acting as Agents)

Re:

Annulment of the decision to limit the retroactive payment of the expatriation allowance to a period of five years from the date on which the failure to pay that allowance was discovered and an order against the defendant to pay default interest.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Richard Zink to bear his own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 245, 27.7.2015, p. 51.
Council Decision (EU) 2016/572 of 11 April 2016 appointing an alternate member, proposed by the Kingdom of Spain of the Committee of the Regions
Date: 2016-04-11
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2016097EN.01001101.xml










13.4.2016   


EN


Official Journal of the European Union


L 97/11








            COUNCIL DECISION (EU) 2016/572
of 11 April 2016
         
appointing an alternate member, proposed by the Kingdom of Spain of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms María Sol CALZADO GARCÍA,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Sr. D. Ángel Luis SÁNCHEZ MUÑOZ, Secretario General de Acción Exterior, Junta de Andalucía.






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




Done at Luxembourg, 11 April 2016.


For the Council


The President

M.H.P. VAN DAM
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case C-323/14: Order of the President of the Court of 11 April 2016 (request for a preliminary ruling from the Rechtbank Noord-Holland — Netherlands) — Helm AG v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
Date: 2016-04-11
Institutions: Court of Justice
Subjects: China, anti-dumping duty, glass fibre, import (EU), originating product








C_2016279EN.01002301.xml










1.8.2016   


EN


Official Journal of the European Union


C 279/23





Order of the President of the Court of 11 April 2016 (request for a preliminary ruling from the Rechtbank Noord-Holland — Netherlands) — Helm AG v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
(Case C-323/14) (1)

(2016/C 279/30)
Language of the case: Dutch
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 315, 15.9.2014.
Case T-148/16 P: Appeal brought on 11 April 2016 by Adrian Barnett and Sven-Ole Mogensen against the judgment of the Civil Service Tribunal of 5 February 2016 in Case F-56/15, Barnett and Mogensen v Commission
Date: 2016-04-11
Institutions: General Court
Subjects: European official, abuse of power, cost of living, damages, equal treatment, pension scheme, retired person, staff regulations (EU)








C_2016191EN.01004202.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/42





Appeal brought on 11 April 2016 by Adrian Barnett and Sven-Ole Mogensen against the judgment of the Civil Service Tribunal of 5 February 2016 in Case F-56/15, Barnett and Mogensen v Commission
(Case T-148/16 P)
(2016/C 191/56)
Language of the case: French

Parties


Appellants: Adrian Barnett (Roskilde, Denmark), Sven-Ole Mogensen (Hellerup, Denmark) (represented by S. Orlandi and T. Martin, lawyers)

Other party to the proceedings: European Commission

Form of order sought by the appellants

The appellants claim that the Court should:






—


set aside the judgment of the Civil Service Tribunal in Case F-56/15, Barnett and Mogensen v Commission;




And, giving judgment itself,






—


annul the decisions contained in the pension receipts for the month of June 2014 by which the correction coefficient applicable to the appellants’ pensions is reduced from 1 January 2014,










—


order the Commission to pay the costs of the proceedings at both instances.





Pleas in law and main arguments

In support of the appeal, the appellants rely on two grounds of appeal.






1.


First ground of appeal, alleging that the Civil Service Tribunal (CST) erred in law by interpreting the clear and precise provisions of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) in the light of the alleged ‘real intention of the legislature’ as to the scope of the suspension of the update mechanism, in 2013 and 2014, of pensions and remuneration. In doing so, the CST made an interpretation contra legem of Article 65(4) of the Staff Regulations and of its rules for implementing, set out in Annex XI of those Staff Regulations.










2.


Second ground of appeal, alleging that the CST erred in law, in so far as the conditions as laid down in the Staff Regulations to carry out the intermediate update at issue, provided for in Annex XI of the Staff Regulations, had not been met and that the Commission, by carrying out that update, had misused its powers. After finding, in the judgment under appeal, that the previous correction coefficient had been incorrectly calculated in Council Regulation (EU) No 1416/2013 of 17 December 2013 adjusting with effect from 1 July 2013 the correction coefficients applied to the remuneration and pensions of officials and other servants of the European Union, the CST erred in law by holding that the principle of equal treatment authorised the appointing authority to carry out the intermediate update at issue, contrary to the doctrine of withdrawal of illegal administrative acts that give rise to a right or similar benefits.
Council Decision of 11 April 2016 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Greece, Hungary and Sweden
Date: 2016-04-11
Institutions: Council of the European Union
Subjects: Greece, Hungary, Sweden, advisory committee (EU), appointment of members, occupational safety








C_2016130EN.01000301.xml










13.4.2016   


EN


Official Journal of the European Union


C 130/3





COUNCIL DECISION
of 11 April 2016
appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Greece, Hungary and Sweden
(2016/C 130/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decision of 24 February 2016 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 29 February 2016 until 28 February 2019.










(2)


The governments of Greece, Hungary and Sweden have submitted further nominations for several posts to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following are appointed as members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2019:
I.   GOVERNMENT REPRESENTATIVES







Country


Member


Alternate




Greece


Mr Ioannis KONSTANTAKOPOULOS


Ms Aggeliki MOIROU
Mr Georgios GOURZOULIDIS




Sweden


Ms Erna ZELMIN-EKENHEM


Ms Boel CALLERMO
Ms Anne-Sofie DALENG







II.   TRADE UNION REPRESENTATIVES







Country


Member


Alternate




Greece


Mr Ioannis ADAMAKIS


Mr Andreas STOIMENIDIS
Mr Alexandros KOMINIS




Hungary


Mr Károly GYÖRGY


 




Sweden


Ms Christina JÄRNSTEDT


Ms Karin FRISTEDT
Ms Elise-Marie DONOVAN







III.   EMPLOYERS’ REPRESENTATIVES







Country


Member


Alternate




Greece


Mr Christos KAVALOPOULOS


Ms Anastasia AVLONITOU
Mr Antonios MEGOULIS




Hungary


Ms Ágnes BODNÁR


Ms Melinda GÁL PARRAGHNÉ




Sweden


Ms Bodil MELLBLOM


Mr Ned CARTER
Ms Cecilia ANDERSSON




Article 2
The Council shall appoint the members and alternate members not yet nominated at a later date.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 11 April 2016.


For the Council


The President

M.H.P. VAN DAM




(1)  OJ C 218, 13.9.2003, p. 1.

(2)  Council Decision of 24 February 2016 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work (OJ C 79, 1.3.2016, p. 1).
Case F-49/15: Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — FU v Commission (Civil Service — Disciplinary procedure — Disciplinary Board — Member of the temporary staff of the Court of Auditors appointed as a probationary official of the Commission — Change in place of employment — Simultaneous applications for allowance for resettlement in the home country and installation allowance in Brussels — Application for reimbursement of the removal expenses from Luxembourg to the home country — OLAF enquiry — Disciplinary penalty — Classification in a lower function group without downgrading — Article 25 of Annex IX to the Staff Regulations — Manifest error of assessment — Failure to comply with the adversarial principle — New fact — Obligation to reopen the disciplinary procedure — Proportionality of the penalty — Procedural time limit)
Date: 2016-04-11
Institutions: Civil Service Tribunal
Subjects: European Court of Auditors, administrator, allowances and expenses, demotion, disciplinary proceedings, pay scale, probationary period, servant (EU), staff regulations (EU)








C_2016191EN.01004801.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/48





Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — FU v Commission
(Case F-49/15) (1)

((Civil Service - Disciplinary procedure - Disciplinary Board - Member of the temporary staff of the Court of Auditors appointed as a probationary official of the Commission - Change in place of employment - Simultaneous applications for allowance for resettlement in the home country and installation allowance in Brussels - Application for reimbursement of the removal expenses from Luxembourg to the home country - OLAF enquiry - Disciplinary penalty - Classification in a lower function group without downgrading - Article 25 of Annex IX to the Staff Regulations - Manifest error of assessment - Failure to comply with the adversarial principle - New fact - Obligation to reopen the disciplinary procedure - Proportionality of the penalty - Procedural time limit))
(2016/C 191/69)
Language of the case: French

Parties


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

Defendant: European Commission (represented initially by: J. Currall and C. Ehrbar, and subsequently by: C. Ehrbar and F. Simonetti, acting as Agents)

Re:

Annulment of the decision imposing a disciplinary sanction on the applicant in the form of reclassification in grade AST 5, whereas the applicant had been appointed to grade AD 5, for making statements, deemed to be false, in order to receive the resettlement allowance and removal expenses.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders FU to bear his own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 190, 8.6.2015, p. 36.
Case C-204/16 P: Appeal brought on 11 April 2016 by SolarWorld AG against the order of the General Court (Fifth Chamber) delivered on 1 February 2016 in Case T-141/14: SolarWorld AG and Others v Council of the European Union
Date: 2016-04-11
Institutions: Court of Justice
Subjects: China, anti-dumping duty, equal treatment, import (EU), originating product, photovoltaic cell, right to justice, semi-metal








C_2016232EN.01000501.xml










27.6.2016   


EN


Official Journal of the European Union


C 232/5





Appeal brought on 11 April 2016 by SolarWorld AG against the order of the General Court (Fifth Chamber) delivered on 1 February 2016 in Case T-141/14: SolarWorld AG and Others v Council of the European Union
(Case C-204/16 P)
(2016/C 232/06)
Language of the case: English

Parties


Appellant: SolarWorld AG (represented by: L. Ruessmann, Avocat, J. Beck, Solicitor)

Other parties to the proceedings: Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA, Council of the European Union, European Commission, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME)

Form of order sought

The applicant claims that the Court should:






—


declare the Appeal admissible and well-founded;










—


set aside the General Court's Order in Case T-141/14;










—


rule on the substance and annul Article 3 of Regulation 1238/2013, or refer the case back to the General Court for a decision on the substance of the Application for annulment; and










—


order the Council to pay the Appellant's costs.





Pleas in law and main arguments

The General Court committed an error in law in finding that Article 3 of Regulation 1238/2013 (1) is not severable from the remainder of that regulation. Changing the form of measures does not change the scope of the Regulation imposing them. The scope of antidumping measures is all imports from producers found to have engaged in injurious dumping, and their objective, regardless of the form, is to be adequate to remove the injury suffered by the EU producers. This scope is not changed by the annulment of Article 3.
The Contested Order violates the Appellant's right under Article 47 of the Charter of Fundamental Rights of the European Union as it denies the EU industry a legal remedy in trade defence cases against definitive measures which fail to respect the requirements of the Basic Regulation. In addition, the Contested Order violates the Appellant's right under Article 20 of the of the Charter of Fundamental Rights of the European Union by putting exporting producers in a better position than the EU industry, as the jurisprudence recognises their right of appeal.


(1)  Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China

OJ L 325, p. 1
Case T-149/16: Action brought on 11 April 2016 — Spliethoff’s Bevrachtingskantoor v Commission
Date: 2016-04-11
Institutions: General Court
Subjects: EU programme, award of contract, equal treatment, financial aid, invitation to tender, project of common interest, reduction of gas emissions, trans-European network, transport infrastructure, transport network








C_2016211EN.01005601.xml










13.6.2016   


EN


Official Journal of the European Union


C 211/56






Action brought on 11 April 2016 — Spliethoff’s Bevrachtingskantoor v Commission
(Case T-149/16)
(2016/C 211/70)
Language of the case: English

Parties


Applicant: Spliethoff’s Bevrachtingskantoor BV (Amsterdam, Netherlands) (represented by: P. Glazener, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission Implementing Decision C(2015) 5274 of 31 July 2015 establishing the list of proposals selected for receiving EU financial assistance in the field of Connecting Europe Facility (CEF)-Transport sector following the calls for proposals launched on 11 September 2014 based on the Multi-Annual Work Programme;










—


order the Commission to take a new decision with respect to the applicant’s proposal, taking account of the judgment of the General Court, within three months from the date of the judgment;










—


order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging a manifest error of assessment






—


The assessment of the applicant’s proposal is incorrect as regards the award criteria of relevance, impact and quality. With a proper evaluation against those award criteria, the proposal should have been selected for EU co-funding.














2.


Second plea in law, alleging an infringement of the principle of equal treatment






—


The Commission has infringed the principle of equal treatment in the contested decision because it has not selected the applicant’s proposal, while it has selected other similar proposals related to emission abatement technologies.
Council Decision (EU) 2016/571 of 11 April 2016 appointing a member, proposed by the Federal Republic of Germany of the Committee of the Regions
Date: 2016-04-11
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2016097EN.01001001.xml










13.4.2016   


EN


Official Journal of the European Union


L 97/10








            COUNCIL DECISION (EU) 2016/571
of 11 April 2016
         
appointing a member, proposed by the Federal Republic of Germany of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the German Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Martina MÜNCH,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Frau Barbara HACKENSCHMIDT, Mitglied des Landtags Brandenburg.






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




Done at Luxembourg, 11 April 2016.


For the Council


The President

M.H.P. VAN DAM
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case F-59/13 RENV: Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — Rouffaud v EEAS (Civil Service — Referral back to the Tribunal after annulment — EEAS staff — Member of the contract staff — Auxiliary member of the contract staff — Reclassification of auxiliary contract as a contract of indefinite duration — Refusal)
Date: 2016-04-11
Institutions: Civil Service Tribunal
Subjects: administrative procedure, servant (EU), temporary employment, work contract








C_2016191EN.01004701.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/47





Judgment of the Civil Service Tribunal (Second Chamber) of 11 April 2016 — Rouffaud v EEAS
(Case F-59/13 RENV) (1)

((Civil Service - Referral back to the Tribunal after annulment - EEAS staff - Member of the contract staff - Auxiliary member of the contract staff - Reclassification of auxiliary contract as a contract of indefinite duration - Refusal))
(2016/C 191/67)
Language of the case: French

Parties


Applicant: Thierry Rouffaud (Brussels, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European External Action Service (represented by: S. Marquardt and M. Silva, acting as Agents)

Re:

Annulment of the decision rejecting the applicant’s application to have his successive fixed-term employment contracts reclassified as a contract of indefinite duration and to have his period completed as an auxiliary member of the contract staff recognised as a period of service completed as a member of the contract staff.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders each party to bear its own costs incurred in Cases F-59/13 and F-59/13 RENV;










3.


Orders the European External Action Service to bear its own costs incurred in Case T-457/14 P and to pay the costs incurred by Mr Thierry Rouffard in Case T-457/14 P.






(1)  OJ C 233, 10.8.2013, p. 14 (original Case F-59/13).