do-me/EUR-LEX huggingface dataset:
Case F-125/15: Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — HB v Commission (Civil service — Officials — 2014 promotion exercise — Article 45(1) of the Staff Regulations — Comparison of the merits — 2011 and 2012 staff reports — Absence of several months due to maternity leave in 2013 — Staff report lacking any substantive assessment for the year in question — Decision not to promote the applicant in 2014 — Duty to provide a statement of reasons — Consideration of the comparative merits — No recommendation from the Joint Promotion Committee — Access to the applicant’s individual computerised file — Composition of the Joint Promotion Committee — Discrimination based on gender — Non-material damage)
Date: 2016-07-21
Institutions: Civil Service Tribunal
Subjects: access to information, administrator, indemnification, maternity leave, promotion, sexual discrimination, staff assessment, staff regulations (EU)








C_2016364EN.01003601.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/36






Judgment of the Civil Service Tribunal (Second Chamber) of 21 July 2016 — HB v Commission
(Case F-125/15) (1)

((Civil service - Officials - 2014 promotion exercise - Article 45(1) of the Staff Regulations - Comparison of the merits - 2011 and 2012 staff reports - Absence of several months due to maternity leave in 2013 - Staff report lacking any substantive assessment for the year in question - Decision not to promote the applicant in 2014 - Duty to provide a statement of reasons - Consideration of the comparative merits - No recommendation from the Joint Promotion Committee - Access to the applicant’s individual computerised file - Composition of the Joint Promotion Committee - Discrimination based on gender - Non-material damage))
(2016/C 364/43)
Language of the case: French

Parties


Applicant: HB (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Application for annulment of the Commission’s decision not to promote the applicant to grade AD 8 in the 2014 promotion exercise and compensation for the non-material damage which the applicant claims to have suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders HB to bear half of her own costs;










3.


Orders the European Commission to bear its own costs and to pay half of HB’s costs.






(1)  OJ C 398, 30/11/2015, p. 80.
Case C-493/14: Judgment of the Court (First Chamber) of 21 July 2016 (request for a preliminary ruling from the Bundesfinanzgericht — Außenstelle Linz — Austria) — Dilly’s Wellnesshotel GmbH v Finanzamt Linz (Reference for a preliminary ruling — State aid — Aid scheme in the form of reductions in environmental taxes — Regulation (EC) No 800/2008 — Categories of aid which may be regarded as compatible with the internal market and exempt from the obligation to notify — Mandatory nature of the conditions for exemption — Article 3(1) — Express reference to that regulation in the aid scheme)
Date: 2016-07-21
Institutions: Court of Justice
Subjects: State aid, control of State aid, environmental tax, tax rebate








C_2016343EN.01000301.xml










19.9.2016   


EN


Official Journal of the European Union


C 343/3





Judgment of the Court (First Chamber) of 21 July 2016 (request for a preliminary ruling from the Bundesfinanzgericht — Außenstelle Linz — Austria) — Dilly’s Wellnesshotel GmbH v Finanzamt Linz
(Case C-493/14) (1)

((Reference for a preliminary ruling - State aid - Aid scheme in the form of reductions in environmental taxes - Regulation (EC) No 800/2008 - Categories of aid which may be regarded as compatible with the internal market and exempt from the obligation to notify - Mandatory nature of the conditions for exemption - Article 3(1) - Express reference to that regulation in the aid scheme))
(2016/C 343/03)
Language of the case: German

Referring court

Bundesfinanzgericht — Außenstelle Linz

Parties to the main proceedings


Applicant: Dilly’s Wellnesshotel GmbH

Defendant: Finanzamt Linz

Operative part of the judgment

Article 3(1) of Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles [107 TFEU and 108 TFEU] (General block exemption Regulation) must be interpreted as meaning that the absence, in an aid scheme such as that at issue in the main proceedings, of an express reference to that regulation, by citing its title and publication reference in the Official Journal of the European Union, precludes that scheme from being considered to fulfil the conditions for exemption, under Article 25(1) of that regulation, from the obligation to notify laid down in Article 108(3) TFEU.


(1)  OJ C 46, 9.2.2015.
Case F-103/15: Order of the Civil Service Tribunal (2nd Chamber) of 21 July 2016 — Trampuz v Commission (Civil service — Social security — Sickness insurance scheme — Recovery of advance payment of medical expenses — Implementation of an annulment judgment of the General Court — Plea of inadmissibility — Failure to satisfy the requirements of the pre-litigation procedure — Act adversely affecting an official — Pension statement — Requirement to make a claim — Out of time — Article 83 of the Rules of Procedure)
Date: 2016-07-21
Institutions: Civil Service Tribunal
Subjects: European official, deduction at source, health insurance, hospital expenses, married person, pension scheme








C_2016364EN.01005601.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/56






Order of the Civil Service Tribunal (2nd Chamber) of 21 July 2016 — Trampuz v Commission
(Case F-103/15) (1)

((Civil service - Social security - Sickness insurance scheme - Recovery of advance payment of medical expenses - Implementation of an annulment judgment of the General Court - Plea of inadmissibility - Failure to satisfy the requirements of the pre-litigation procedure - Act adversely affecting an official - Pension statement - Requirement to make a claim - Out of time - Article 83 of the Rules of Procedure))
(2016/C 364/73)
Language of the case: Italian

Parties


Applicant: Serena Trampuz (Trieste, Italy) (represented by: C. Falagiani, lawyer)

Defendant: European Commission (represented by: T. S. Bohr and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s decision to withhold the sum of EUR 14 207,60 from the applicant’s pension by way of recovery of advances made in the direct billing of accommodation costs during the hospitalisation of the applicant’s spouse after the Civil Service Tribunal annulled the decision of the Ispra claims office, making the applicant responsible for payment of all the accommodation costs of the hospitalisation which were considered excessive.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Ms Serena Trampuz shall bear her own costs and is ordered to pay those incurred by the European Commission.






(1)  OJ C 354, 26.10.2015, p. 55.
Case T-66/14: Judgment of the General Court of 21 July 2016 — Bredenkamp and Others v Council and Commission (Common foreign and security policy — Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe — Freezing of funds — Non-contractual liability)
Date: 2016-07-21
Institutions: General Court
Subjects: Zimbabwe, common foreign and security policy, economic sanctions, indemnification, international sanctions, trade restriction








C_2016326EN.01002102.xml










5.9.2016   


EN


Official Journal of the European Union


C 326/21





Judgment of the General Court of 21 July 2016 — Bredenkamp and Others v Council and Commission
(Case T-66/14) (1)

((Common foreign and security policy - Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe - Freezing of funds - Non-contractual liability))
(2016/C 326/39)
Language of the case: English

Parties


Applicants: John Arnold Bredenkamp (Harare, Zimbabwe), Echo Delta (Holdings) PCC Ltd (Castletown, Isle of Man), Scottlee Holdings (Private) Ltd (Harare), Fodya (Private) Ltd (Harare) (represented by: P. Moser QC, and G. Martin, Solicitor)

Defendants: Council of the European Union (represented by: B. Driessen and E. Dumitriu-Segnana, acting as Agents) and European Commission (represented by: S. Bartelt, D. Gauci and T. Scharf, acting as Agents)

Re:

Application based on Article 268 TFEU for compensation for the loss allegedly suffered by the applicants following the adoption of Commission Regulation (EC) No 77/2009 of 26 January 2009 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ 2009 L 23, p. 5), Commission Regulation (EU) No 173/2010 of 25 February 2010 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ 2010 L 51, p. 13) and Commission Regulation (EU) No 174/2011 of 23 February 2011 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ 2011 L 49, p. 23).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders John Arnold Bredenkamp, Echo Delta (Holdings) PCC Ltd, Scottlee Holdings (Private) Ltd and Fodya (Private) Ltd to pay the costs of the Council of the European Union and the European Commission.






(1)  OJ C 112, 14.4.2014.
Case C-172/16: Order of the President of the Court of 21 July 2016 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — Ljiljana Kammerer, Frank Kammerer v Swiss International Air Lines AG
Date: 2016-07-21
Institutions: Court of Justice
Subjects: Switzerland, agreement (EU), air transport, carriage of passengers, consumer protection, indemnification, third country








C_2016454EN.01002004.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/20






Order of the President of the Court of 21 July 2016 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — Ljiljana Kammerer, Frank Kammerer v Swiss International Air Lines AG
(Case C-172/16) (1)

(2016/C 454/38)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 211, 13.6.2016.
Joined Cases C-387/15 and C-388/15: Judgment of the Court (Seventh Chamber) of 21 July 2016 (requests for a preliminary ruling from the Raad van State — Belgium) — Hilde Orleans, Rudi Van Buel, Marina Apers (C-387/15) and Denis Malcorps, Myriam Rijssens, Guido Van De Walle (C-388/15) v Vlaams Gewest (Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Special areas of conservation — Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ — Development of a port area — Assessment of the implications of a plan or project for a protected site — Occurrence of adverse effects — Prior but not yet completed development of an area of an equivalent type to the part destroyed — Completion subsequent to the assessment — Article 6(3) and (4))
Date: 2016-07-21
Institutions: Court of Justice
Subjects: biotope, environmental impact, natural resources, protected area, regional planning, sensitive area, town-planning regulations, town-planning scheme








C_2016343EN.01000801.xml










19.9.2016   


EN


Official Journal of the European Union


C 343/8





Judgment of the Court (Seventh Chamber) of 21 July 2016 (requests for a preliminary ruling from the Raad van State — Belgium) — Hilde Orleans, Rudi Van Buel, Marina Apers (C-387/15) and Denis Malcorps, Myriam Rijssens, Guido Van De Walle (C-388/15) v Vlaams Gewest
(Joined Cases C-387/15 and C-388/15) (1)

((Reference for a preliminary ruling - Environment - Directive 92/43/EEC - Conservation of natural habitats - Special areas of conservation - Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ - Development of a port area - Assessment of the implications of a plan or project for a protected site - Occurrence of adverse effects - Prior but not yet completed development of an area of an equivalent type to the part destroyed - Completion subsequent to the assessment - Article 6(3) and (4)))
(2016/C 343/11)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicants: Hilde Orleans, Rudi Van Buel, Marina Apers (C-387/15) and Denis Malcorps, Myriam Rijssens, Guido Van De Walle (C-388/15)

Defendant: Vlaams Gewest

Intervening party: Gemeentelijk Havenbedrijf Antwerpen

Operative part of the judgment

Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that measures, contained in a plan or project not directly connected with or necessary to the management of a site of Community importance, providing, prior to the occurrence of adverse effects on a natural habitat type present thereon, for the future creation of an area of that type, but the completion of which will take place subsequently to the assessment of the significance of any adverse effects on the integrity of that site, may not be taken into consideration in that assessment. Such measures can be categorised as ‘compensatory measures’, within the meaning of Article 6(4), only if the conditions laid down therein are satisfied.


(1)  OJ C 354, 26.10.2015.
Case F-136/15: Judgment of the Civil Service Tribunal (First Chamber) of 21 July 2016 — HD v Parliament (Civil service — Officials — Remuneration — Family allowances — Education allowance — Conditions for granting — Article 67(2) of the Staff Regulations — Deduction of an allowance of like nature received from other sources — Article 85 of the Staff Regulations — Recovery of undue payment)
Date: 2016-07-21
Institutions: Civil Service Tribunal
Subjects: European official, education grant, family benefit, remuneration of work, staff regulations (EU)








C_2016364EN.01004001.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/40






Judgment of the Civil Service Tribunal (First Chamber) of 21 July 2016 — HD v Parliament
(Case F-136/15) (1)

((Civil service - Officials - Remuneration - Family allowances - Education allowance - Conditions for granting - Article 67(2) of the Staff Regulations - Deduction of an allowance of like nature received from other sources - Article 85 of the Staff Regulations - Recovery of undue payment))
(2016/C 364/48)
Language of the case: French

Parties


Applicant: HD (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Parliament (represented by: M. Ecker and L. Deneys, acting as Agents)

Re:

Application for annulment, first, of the Parliament’s decision to put the applicant’s situation into order as regards the allocation of the education allowance and, second, of the decision to recover the amounts which the applicant unduly received in that regard.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders each party to bear its own costs.






(1)  OJ C 7, 11/1/2016, p. 38.
Case F-127/15: Judgment of the Civil Service Tribunal (First Chamber) of 21 July 2016 — Pinto Ferreira v Commission (Civil service — Officials — Disciplinary measure — Article 9(2) of Annex IX to the Staff Regulations — Withholding an amount from the pension — Outside activity without permission — No request for prior permission)
Date: 2016-07-21
Institutions: Civil Service Tribunal
Subjects: European official, administrative sanction, disciplinary proceedings, holding of two jobs, pension scheme, staff regulations (EU)








C_2016364EN.01003702.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/37






Judgment of the Civil Service Tribunal (First Chamber) of 21 July 2016 — Pinto Ferreira v Commission
(Case F-127/15) (1)

((Civil service - Officials - Disciplinary measure - Article 9(2) of Annex IX to the Staff Regulations - Withholding an amount from the pension - Outside activity without permission - No request for prior permission))
(2016/C 364/45)
Language of the case: French

Parties


Applicant: António Gaspar Pinto Ferreira (Brussels, Belgium) (represented by: C.W. Godfrey, C. Antoine and M. Gomes Lopes, lawyers)

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

Re:

Application for annulment of the Commission’s decision imposing the disciplinary measure of withholding EUR 185 from the applicant’s pension for a 12-month period and taking effect on the date on which he is to retire, on account of the exercise of an outside activity without permission.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 16 December 2014 whereby the appointing authority of the European Commission imposed on Mr António Gaspar Pinto Ferreira the measure provided for in Article 9(2) of Annex IX to the Staff Regulations of Officials of the European Union;










2.


Orders the European Commission to bear its own costs and to pay the costs incurred by Mr Pinto Ferreira.






(1)  OJ C 414, 14/12/2015, p. 43.
Case T-832/14: Judgment of the General Court of 21 July 2016 — Nutria v Commission (Non-contractual liability — Refusal to extend the deadline for the withdrawal of skimmed milk powder in the context of the programme for the distribution of food aid to the most deprived persons in the European Union for the year 2010 — Sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2016-07-21
Institutions: General Court
Subjects: aid to disadvantaged groups, damages, food aid, fundamental rights, infringement of EU law, skimmed milk powder








C_2016326EN.01002401.xml










5.9.2016   


EN


Official Journal of the European Union


C 326/24





Judgment of the General Court of 21 July 2016 — Nutria v Commission
(Case T-832/14) (1)

((Non-contractual liability - Refusal to extend the deadline for the withdrawal of skimmed milk powder in the context of the programme for the distribution of food aid to the most deprived persons in the European Union for the year 2010 - Sufficiently serious breach of a rule of law conferring rights on individuals))
(2016/C 326/43)
Language of the case: French

Parties


Applicant: Nutria AE Typopoiisis & Emporias Agrotikon Proïonton (Agios Konstantinos, Greece) (represented by: initially M.-J. Jacquot and subsequently K. Makaronas, lawyers)

Defendant: European Commission (represented by: J. Guillem Carrau, D. Triantafyllou, Agents)

Re:

Application under Article 268 TFEU, seeking compensation for the damage which the applicant allegedly sustained on account of the Commission’s refusal to extend the deadline for the withdrawal of skimmed milk powder set in Article 3(1) of Commission Regulation (EC) No 1111/2009 of 19 November 2009 adopting the plan allocating to the Member States resources to be charged to the 2010 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community and derogating from certain provisions of Regulation (EEC) No 3149/92 (OJ 2009 L 306, p. 5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nutria AE Typopoiisis & Emporias Agrotikon Proïonton to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 81, 9.3.2015.
Case F-5/16: Order of the Civil Service Tribunal (Third Chamber) of 21 July 2016 — Stanley v Commission (Civil service — Member of the contract staff — Request under Article 90(1) of the Staff Regulations — Request for reclassification of a contract — Reasonable period — None — Manifest inadmissibility)
Date: 2016-07-21
Institutions: Civil Service Tribunal
Subjects: indemnification, servant (EU), staff regulations (EU), work contract








C_2016364EN.01005702.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/57






Order of the Civil Service Tribunal (Third Chamber) of 21 July 2016 — Stanley v Commission
(Case F-5/16) (1)

((Civil service - Member of the contract staff - Request under Article 90(1) of the Staff Regulations - Request for reclassification of a contract - Reasonable period - None - Manifest inadmissibility))
(2016/C 364/75)
Language of the case: English

Parties


Applicant: John Stanley (Apia, Samoa) (represented by: O. Mader, lawyer)

Defendant: European Commission (represented by: G. Berscheid and C. Berardis-Kayser, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Annulment of the Commission’s decision not to reclassify the applicant’s contract as a temporary staff contract or, in the alternative, compensation for the material damage alleged to have been suffered.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mr John Stanley shall bear his own costs and is ordered to pay the costs incurred by the European Commission.






(1)  OJ C 145, 25/4/2016, p. 37.
Corrigendum to the Practice Rules for the Implementation of the Rules of Procedure of the General Court of 20 May 2015 (OJ L 152, 18.6.2015)
Date: 2016-07-21
Institutions: General Court
Subjects: General Court (EU), appeal to the Court (EU), legal process, operation of the Institutions, rules of procedure








L_2016196EN.01005602.xml










21.7.2016   


EN


Official Journal of the European Union


L 196/56







Corrigendum to the Practice Rules for the Implementation of the Rules of Procedure of the General Court of 20 May 2015
         

(
Official Journal of the European Union L 152 of 18 June 2015
)


On page 15, in Section IV, Part B.1., point 130, fourth line:
for:

               ‘… and that it be prepared in accordance with the model …’
            
read:

               ‘… and that it be prepared in the language of the case in accordance with the model …’
Case F-9/12 RENV: Judgment of the Civil Service Tribunal (Single judge) of 21 July 2016 — CC v Parliament (Civil service — Referral back to the Tribunal after setting aside — Action for damages — Non-contractual liability — Errors in the management of the list of suitable candidates — Open competition — Competition notice EUR/A/151/98 — Equal treatment — Measures for compliance with the judgment [confidential]Confidential data removed. — European Ombudsman’s investigation)
Date: 2016-07-21
Institutions: Civil Service Tribunal
Subjects: competition (EU), equal treatment, liability








C_2016364EN.01002901.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/29






Judgment of the Civil Service Tribunal (Single judge) of 21 July 2016 — CC v Parliament
(Case F-9/12 RENV)
((Civil service - Referral back to the Tribunal after setting aside - Action for damages - Non-contractual liability - Errors in the management of the list of suitable candidates - Open competition - Competition notice EUR/A/151/98 - Equal treatment - Measures for compliance with the judgment [confidential] (1) - European Ombudsman’s investigation))
(2016/C 364/32)
Language of the case: French

Parties


Applicant: CC (represented by: G. Maximini, lawyer)

Defendant: European Parliament (represented by: M. Ecker and E. Despotopoulou, acting as Agents)

Re:

Application for an order that the European Parliament pay compensation for the material and non-material loss suffered by the applicant as a result of errors committed in the management of the relevant reserve list.

Operative part of the judgment

The Tribunal:






1.


Orders the European Parliament to pay CC the sum of EUR 12 000.










2.


Dismisses the application as to the remainder.










3.


Declares that the European Parliament is to bear its own costs and orders it to pay the costs incurred by CC in Cases F-9/12, T-457/13 P and F-9/12 RENV.






(1)  Confidential data removed.