do-me/EUR-LEX huggingface dataset:
Case T-52/15: Judgment of the General Court of 28 April 2016 — Sharif University of Technology v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Support to the Government of Iran — Research and technology development in military or military-related fields — Rights of the defence — Right to effective judicial protection — Error of law and error of assessment — Right to property — Proportionality — Misuse of powers — Claim for damages)
Date: 2016-04-28
Institutions: General Court
Subjects: Iran, common foreign and security policy, damages, economic sanctions, international sanctions, nuclear non-proliferation, ownership, principle of proportionality, right to justice, rights of the defence








C_2016211EN.01004901.xml










13.6.2016   


EN


Official Journal of the European Union


C 211/49






Judgment of the General Court of 28 April 2016 — Sharif University of Technology v Council
(Case T-52/15) (1)

((Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Support to the Government of Iran - Research and technology development in military or military-related fields - Rights of the defence - Right to effective judicial protection - Error of law and error of assessment - Right to property - Proportionality - Misuse of powers - Claim for damages))
(2016/C 211/61)
Language of the case: English

Parties


Applicant: Sharif University of Technology (Tehran, Iran) (represented by: M. Happold, Barrister)

Defendant: Council of the European Union (represented by: V. Piessevaux and M. Bishop, acting as Agents)

Re:

Action for, first, annulment of Council Decision 2014/776/CFSP of 7 November 2014 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2014 L 325, p. 19), in so far as it includes the applicant’s name on the list in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), and of Council Implementing Regulation (EU) No 1202/2014 of 7 November 2014 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2014 L 325, p. 3), in so far as it includes the applicant’s name on the list in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1) and, secondly, a claim for damages.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Sharif University of Technology to bear its own costs and to pay those incurred by the Council of the European Union.






(1)  OJ C 138, 27.4.2015.
Case T-376/15: Action brought on 28 April 2016 — KK v EASME
Date: 2016-04-28
Institutions: General Court
Subjects: Framework Programme for Research and Development, access to information, damage, damages, indemnification, restriction on competition, tendering








C_2016243EN.01003301.xml










4.7.2016   


EN


Official Journal of the European Union


C 243/33





Action brought on 28 April 2016 — KK v EASME
(Case T-376/15)
(2016/C 243/35)
Language of the case: French

Parties


Applicant: KK (Paris, France) (represented by: J.-P. Spitzer, lawyer)

Defendant: Executive Agency for Small and Medium-sized Enterprises (EASME)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of 15 June 2015, by which EASME rejected the applicant’s proposal;










—


order EASME to pay the sum of EUR 50 000 in compensation for the loss of opportunity, and EUR 90 800 in compensation for material damage suffered by the applicant;










—


order EASME to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law in support of its claim for annulment.






1.


First plea in law, alleging the technical inaccessibility of the Internet portal where the applicant’s proposal in response to the call for proposals and related activities under Horizon 2020 — the Framework Programme for Research and Innovation (2014-20) should have been submitted.










2.


Second plea in law, alleging that the applicant, contrary to what is contended by EASME, did not fraudulently sign the commitment when submitting its proposal file.










3.


Third plea in law, alleging that the rejection of the proposal submitted by the applicant is contrary to the competition rules.




The applicant also relies on two pleas in law in support of its claim for compensation.






1.


First plea in law, alleging that the applicant suffered material damage relating to the loss of opportunity.










2.


Second plea in law, alleging that the applicant suffered material damage resulting from the time dedicated to responding to the call for proposals.
Decision (EU) 2016/1478 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VII — Committee of the Regions
Date: 2016-04-28
Institutions: European Parliament
Subjects: European Committee of the Regions, budgetary discharge, financial year, general budget (EU)








L_2016246EN.01015101.xml










14.9.2016   


EN


Official Journal of the European Union


L 246/151








            DECISION (EU) 2016/1478 OF THE EUROPEAN PARLIAMENT
         
of 28 April 2016
         
on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VII — Committee of the Regions


THE EUROPEAN PARLIAMENT,






—


having regard to the general budget of the European Union for the financial year 2014 (1),










—


having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015)0377 — C8-0205/2015) (2),










—


having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2014, together with the institutions’ replies (3),










—


having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,










—


having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,










—


having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,










—


having regard to Rule 94 of and Annex V to its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0132/2016),






1.   

Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2014;



2.   

Sets out its observations in the resolution below;



3.   

Instructs its President to forward this decision and the resolution forming an integral part of it to the Committee of the Regions, the European Council, the Council, the Commission and the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            

The Secretary-General

Klaus WELLE
            





(1)  
            OJ L 51, 20.2.2014.

(2)  
            OJ C 377, 13.11.2015, p. 1.

(3)  
            OJ C 373, 10.11.2015, p. 1.

(4)  
            OJ C 377, 13.11.2015, p. 146.

(5)  
            OJ L 298, 26.10.2012, p. 1.
Decision (EU) 2016/1480 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VIII — European Ombudsman
Date: 2016-04-28
Institutions: European Parliament
Subjects: European Ombudsman, budgetary discharge, financial year, general budget (EU)








L_2016246EN.01015601.xml










14.9.2016   


EN


Official Journal of the European Union


L 246/156








            DECISION (EU) 2016/1480 OF THE EUROPEAN PARLIAMENT
         
of 28 April 2016
         
on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VIII — European Ombudsman


THE EUROPEAN PARLIAMENT,






—


having regard to the general budget of the European Union for the financial year 2014 (1),










—


having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015) 377 — C8-0206/2015) (2),










—


having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2014, together with the institutions’ replies (3),










—


having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,










—


having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,










—


having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,










—


having regard to Rule 94 of and Annex V to its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0121/2016),






1.   

Grants the European Ombudsman discharge in respect of the implementation of the budget of the European Ombudsman for the financial year 2014;



2.   

Sets out its observations in the resolution below;



3.   

Instructs its President to forward this decision and the resolution forming an integral part of it to the European Ombudsman, the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Data Protection Supervisor and the External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
               

The Secretary-General

Klaus WELLE
               





(1)  
            OJ L 51, 20.2.2014.

(2)  
            OJ C 377, 13.11.2015, p. 1.

(3)  
            OJ C 373, 5.11.2015, p. 1.

(4)  
            OJ C 377, 13.11.2015, p. 146.

(5)  
            OJ L 298, 26.10.2012, p. 1.
Resolution (EU, Euratom) 2016/1562 of the European Parliament of 28 April 2016 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2014
Date: 2016-04-28
Institutions: European Parliament
Subjects: Euratom Supply Agency, budgetary discharge, financial year, general budget (EU)








L_2016246EN.01034601.xml










14.9.2016   


EN


Official Journal of the European Union


L 246/346








            RESOLUTION (EU, EURATOM) 2016/1562 OF THE EUROPEAN PARLIAMENT
         
of 28 April 2016
         
with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2014


THE EUROPEAN PARLIAMENT,






—


having regard to its decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2014,










—


having regard to Rule 94 of and Annex V to its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0110/2016),










A.


whereas, according to its financial statements, the final budget of the Euratom Supply Agency (the ‘Agency’) for the financial year 2014 was EUR 104 000, representing the same amount as in 2013;










B.


whereas the Court of Auditors (the ‘Court’), in its report on the Agency’s annual accounts for the financial year 2014 (the ‘Court's report’), stated that it had obtained reasonable assurances that those annual accounts were reliable and that the underlying transactions were legal and regular;






Budget and financial management









1.


Notes that budget monitoring efforts during the financial year 2014 resulted in a commitment appropriations execution rate of 91,08 %, representing a decrease of 3,92 % compared to 2013; ascertains that the payment appropriation execution rate was 81,13 %, representing an increase of 21,91 % compared to 2013;





Other comments









2.


Takes note of the fact that the Agency has provided in its annual accounts estimations of the administrative services paid directly from the Commission’s budget;












3.


States that the annual reports of the Union institutions and agencies could play an important role in compliance regarding transparency, accountability and integrity; calls for the Union institutions and agencies to include a standard chapter on those components in their annual reports;












4.


Acknowledges that the Agency has an appropriate risk management and control strategy in place; notes, furthermore, that the Agency has taken all necessary actions on risk assessment and risk mitigation to align its internal control system with the Court's requirements;












5.


Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of 28 April 2016 (1) on the performance, financial management and control of the agencies.






(1)  Texts adopted of that date, P8_TA(2016)0159 (see page 447 of this Official Journal).
Notice of open competition
Date: 2016-04-28
Institutions: European Personnel Selection Office
Subjects: EPSO, assistant, competition (EU), official language








C_2016151EN.01001201.xml










28.4.2016   


EN


Official Journal of the European Union


C 151/12





NOTICE OF OPEN COMPETITION
(2016/C 151/08)
The European Personnel Selection Office (EPSO) is organising the following open competition:






 


EPSO/AST/137/16 — Linguistic Assistants (AST 1) for the following languages:






 


Danish (DA)










 


Irish (GA)










 


Croatian (HR)










 


Hungarian (HU)










 


Maltese (MT)










 


Dutch (NL)










 


Slovak (SK)










 


Slovenian (SL)








The competition notice is published in 24 languages in 
Official Journal of the European Union C 151 A of 28 April 2016.
Further information can be found on the EPSO website:
http://blogs.ec.europa.eu/eu-careers.info/
Case F-21/16: Action brought on 28 April 2016 — ZZ v Frontex
Date: 2016-04-28
Institutions: Civil Service Tribunal
Subjects: damages, servant (EU), temporary employment, work contract








C_2016251EN.01005001.xml










11.7.2016   


EN


Official Journal of the European Union


C 251/50





Action brought on 28 April 2016 — ZZ v Frontex
(Case F-21/16)
(2016/C 251/57)
Language of the case: English

Parties


Applicant: ZZ (represented by: Spyros A. Pappas, lawyer)

Defendant: Frontex

Subject-matter and description of the proceedings

Annulment of the decision not to renew the applicant’s contract and the claim for damages for the loss of salary and pension rights.

Form of order sought







—


Annul Frontex’s decision not to renew the applicant’s contract;










—


Order Frontex to compensate for the applicant’s loss of salary and pension rights;










—


Order Frontex to pay the costs.
Case T-54/15: Judgment of the General Court of 28 April 2016 — Jääkiekon SM-liiga v EUIPO (Liiga) (EU trade mark — Application for EU figurative mark Liiga — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009)
Date: 2016-04-28
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports body, trade-mark law








C_2016211EN.01004902.xml










13.6.2016   


EN


Official Journal of the European Union


C 211/49






Judgment of the General Court of 28 April 2016 — Jääkiekon SM-liiga v EUIPO (Liiga)
(Case T-54/15) (1)

((EU trade mark - Application for EU figurative mark Liiga - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009))
(2016/C 211/62)
Language of the case: English

Parties


Applicant: Jääkiekon SM-liiga Oy (Helsinki, Finland) (represented by: L. Laaksonen, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: A. Schifko and E. Śliwińska, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 1 December 2014 (Case R 576/2014-2) concerning an application for registration of the figurative sign Liiga as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Jääkiekon SM-liiga Oy to pay the costs.






(1)  OJ C 107, 30.3.2015.
European Parliament legislative resolution of 28 April 2016 on the draft Council decision on conclusion, on behalf of the European Union and its Member States, of a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part, to take account of the accession to the European Union of the Republic of Croatia (12227/2014 — C8-0035/2015 — 2014/0134(NLE))
Date: 2016-04-28
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Croatia, Georgia, accession to the European Union, agreement (EU), air space, air traffic, air traffic control, protocol to an agreement, ratification of an agreement, revision of an agreement








C_2018066EN.01005901.xml










21.2.2018   


EN


Official Journal of the European Union


C 66/59





P8_TA(2016)0138
EU-Georgia Common Aviation Area Agreement (accession of Croatia) ***
European Parliament legislative resolution of 28 April 2016 on the draft Council decision on conclusion, on behalf of the European Union and its Member States, of a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part, to take account of the accession to the European Union of the Republic of Croatia (12227/2014 — C8-0035/2015 — 2014/0134(NLE))
(Consent)
(2018/C 066/08)

The European Parliament,






—


having regard to the draft Council decision (12227/2014),










—


having regard to the draft Protocol (12226/2014),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0035/2015),










—


having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A8-0128/2016),












1.


Gives its consent to conclusion of the protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Georgia.
Case C-128/14: Judgment of the Court (First Chamber) of 28 April 2016 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v Het Oudeland Beheer BV (Reference for a preliminary ruling — Taxation — VAT — Taxable transactions — Application for the purposes of the business of goods acquired ‘in the course of the business’ — Treatment as supplies effected for consideration — Taxable amount)
Date: 2016-04-28
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, property leasing, real property, tax relief








C_2016243EN.01000501.xml










4.7.2016   


EN


Official Journal of the European Union


C 243/5





Judgment of the Court (First Chamber) of 28 April 2016 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v Het Oudeland Beheer BV
(Case C-128/14) (1)

((Reference for a preliminary ruling - Taxation - VAT - Taxable transactions - Application for the purposes of the business of goods acquired ‘in the course of the business’ - Treatment as supplies effected for consideration - Taxable amount))
(2016/C 243/03)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Staatssecretaris van Financiën

Defendant: Het Oudeland Beheer BV

Operative part of the judgment







1.


Article 11A(1)(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 95/7/EC of 10 April 1995 must be interpreted as meaning that the value of a right in rem granting its holder a right of use over immovable property and the cost of completing the office building built on the land in question may be included in the taxable amount of a supply, within the meaning of Article 5(7)(a) of that directive, as amended, where the taxable person has already paid value added tax on that value and that cost, but also deducted the value added tax immediately and in full;










2.


In a situation such as that at issue in the main proceedings, where land and a building under construction on that land have been acquired with the grant of a right in rem granting its holder a right of use over such immovable property, Article 11A(1)(b) of Sixth Directive 77/388, as amended, must be interpreted as meaning that the value of that right in rem to be taken in account in calculating the taxable amount of a supply, within the meaning of Article 5(7)(a) of that directive, corresponds to the value of the amount to be paid in consideration each year for the remainder of the long lease granting the right in rem, as corrected or capitalised according to the same method used to determine the value of the grant of the long leasehold.






(1)  OJ C 159, 26.5.2014.
Non-opposition to a notified concentration (Case M.7850 — EDF/CGN/NNB Group of Companies) (Text with EEA relevance)
Date: 2016-04-28
Institutions: European Commission
Subjects: economic concentration, electrical industry, merger control








C_2016151EN.01000101.xml










28.4.2016   


EN


Official Journal of the European Union


C 151/1





Non-opposition to a notified concentration
(Case M.7850 — EDF/CGN/NNB Group of Companies)
(Text with EEA relevance)
(2016/C 151/01)
On 10 March 2016, 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) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language 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 32016M7850. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.