do-me/EUR-LEX huggingface dataset:
Case C-541/16: Action brought on 25 October 2016 — European Commission v Kingdom of Denmark
Date: 2016-10-25
Institutions: Court of Justice
Subjects: infringement procedure (EU), international transport, market access, organisation of transport, road cabotage, transport regulations








C_2017006EN.01003001.xml










9.1.2017   


EN


Official Journal of the European Union


C 6/30





Action brought on 25 October 2016 — European Commission v Kingdom of Denmark
(Case C-541/16)
(2017/C 006/37)
Language of the case: Danish

Parties


Applicant: European Commission (represented by: L. Grønfeldt and J. Hottiaux, acting as Agents)

Defendant: Kingdom of Denmark

Form of order sought







—


Declare that the Kingdom of Denmark has failed to fulfil its obligations under Article 2(6) Regulation (EC) No 1072/2009 (1) on common rules for access to the international road haulage market;










—


order Kingdom of Denmark to pay the costs.





Pleas in law and main arguments







—


The Commission submits that Article 8(2) of Regulation (EC) No 1072/2009 regulates exhaustively how hauliers may to carry out cabotage operations on the terms laid down in that article. The provision does not provide for a maximum number of loading and/or unloading sites within the same cabotage operation. The limit of a maximum of three cabotage operations does not mean that a cabotage operation must include a set number of loading and/or unloading sites.










—


Under the Danish rules cabotage can consist either of a number of loading sites or a number of unloading sites, but not both. The Danish rules preclude non-resident hauliers from carrying out cabotage operations consisting of a number of loading and unloading sites, which constitutes a restriction on how those hauliers may carry out cabotage operations in Denmark as provided for under Regulation (EC) No 1072/2009.






(1)  Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ 2009 L 300, p. 72).
European Parliament legislative resolution of 25 October 2016 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Denmark (11220/2016 — C8-0341/2016 — 2016/0814(CNS))
Date: 2016-10-25
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Denmark, biometrics, cross-frontier data flow, data protection, exchange of information, information system, personal data








C_2018215EN.01026701.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/267





P8_TA(2016)0392
Automated data exchange with regard to dactyloscopic data in Denmark *
European Parliament legislative resolution of 25 October 2016 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Denmark (11220/2016 — C8-0341/2016 — 2016/0814(CNS))
(Consultation)
(2018/C 215/50)

The European Parliament,






—


having regard to the Council draft (11220/2016),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0341/2016),










—


having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,










—


having regard to its resolution of 10 October 2013 on strengthening cross-border law-enforcement cooperation in the EU: the implementation of the ‘Prüm Decision’ and the European Information Exchange Model (EIXM) (2),










—


having regard to its resolution of 9 July 2015 on the European Agenda on Security (3),










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0288/2016),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ L 210, 6.8.2008, p. 1.

(2)  OJ C 181, 19.5.2016, p. 67.

(3)  Texts adopted, P8_TA(2015)0269.
Euro exchange rates
Date: 2016-10-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2016393EN.01000101.xml










25.10.2016   


EN


Official Journal of the European Union


C 393/1





Euro exchange rates (1)

24 October 2016
(2016/C 393/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0891 




JPY


Japanese yen


113,29 




DKK


Danish krone


7,4394 




GBP


Pound sterling


0,89015 




SEK


Swedish krona


9,7050 




CHF


Swiss franc


1,0821 




ISK


Iceland króna


 




NOK


Norwegian krone


8,9855 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


308,53 




PLN


Polish zloty


4,3166 




RON


Romanian leu


4,5065 




TRY


Turkish lira


3,3501 




AUD


Australian dollar


1,4282 




CAD


Canadian dollar


1,4547 




HKD


Hong Kong dollar


8,4478 




NZD


New Zealand dollar


1,5215 




SGD


Singapore dollar


1,5159 




KRW


South Korean won


1 234,29 




ZAR


South African rand


15,1167 




CNY


Chinese yuan renminbi


7,3775 




HRK


Croatian kuna


7,5083 




IDR


Indonesian rupiah


14 178,99 




MYR


Malaysian ringgit


4,5444 




PHP


Philippine peso


52,562 




RUB


Russian rouble


67,7970 




THB


Thai baht


38,119 




BRL


Brazilian real


3,4200 




MXN


Mexican peso


20,2263 




INR


Indian rupee


72,7975 






(1)  Source: reference exchange rate published by the ECB.
Corrigendum to Regulation (ECSC, EEC, Euratom) No 558/73 of the Council of 26 February 1973 amending Regulation (EEC, Euratom, ECSC) No 259/68 fixing the Staff Regulations of the Officials and Conditions of Employment applicable to other Servants of the European Communities (OJ L 55, 28.2.1973)
Date: 2016-10-25
Institutions: Council of the European Union
Subjects: allowances and expenses, family benefit, regulations for civil servants, servant (EU)








L_2016289EN.01002201.xml










25.10.2016   


EN


Official Journal of the European Union


L 289/22







Corrigendum to Regulation (ECSC, EEC, Euratom) No 558/73 of the Council of 26 February 1973 amending Regulation (EEC, Euratom, ECSC) No 259/68 fixing the Staff Regulations of the Officials and Conditions of Employment applicable to other Servants of the European Communities

(
Official Journal of the European Communities L 55 of 28 February 1973
)


On page 2, point (g) of Article 1(1):
for:

               ‘… and the words “paid to the Established Official” shall be substituted for the words “to which the Established Official is entitled”.’,
read:

               ‘… and the words “paid to the official” shall be substituted for the words “to which the official is entitled”.’.
Information on the signing and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and the Implementation Protocol thereto
Date: 2016-10-25
Institutions: Council of the European Union
Subjects: Cook Islands, catch quota, cooperation agreement (EU), fishing agreement, fishing area, fishing rights, sea fishing








L_2016289EN.01000101.xml










25.10.2016   


EN


Official Journal of the European Union


L 289/1







Information on the signing and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Government of the Cook Islands and the Implementation Protocol thereto

The European Union and the Cook Islands signed, on 3 May 2016, in Brussels, and respectively on 14 October 2016, in Avarua, a Sustainable Fisheries Partnership Agreement and the Implementation Protocol thereto.
The Agreement accordingly applies provisionally from 14 October 2016, pursuant to Article 16 thereof.
Case T-739/16: Action brought on 25 October 2016 — Akant Monika i Zbigniew Harasym v EUIPO — Hunter Douglas Holding (COSIMO)
Date: 2016-10-25
Institutions: General Court
Subjects: EU trade mark, furniture industry, registered trade mark, textile product, trade-mark law








C_2016462EN.01003701.xml










12.12.2016   


EN


Official Journal of the European Union


C 462/37





Action brought on 25 October 2016 — Akant Monika i Zbigniew Harasym v EUIPO — Hunter Douglas Holding (COSIMO)
(Case T-739/16)
(2016/C 462/48)
Language in which the application was lodged: Polish

Parties


Applicant: Akant Monika i Zbigniew Harasym sp. j. (Koszalin, Poland) (represented by: M. Krekora, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Hunter Douglas Holding GmbH & Co.KG (Düsseldorf, Germany)

Details of the proceedings before EUIPO


Applicant: Applicant

Trade mark at issue: European Union word mark ‘COSIMO’ — Application for registration No 12 130 324

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 August 2016 in Case R 2364/2015-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


dismiss the appeal brought by the other party to the proceedings before EUIPO;










—


order EUIPO and the other party to pay the costs of the present proceedings and order the other party to pay the costs of the proceedings before EUIPO.





Pleas in law







—


Infringement of Articles 8(1)(b) and 42(2) of Regulation No 207/2009.
Case T-738/16: Action brought on 25 October 2016 — La Quadrature du Net and Others v Commission
Date: 2016-10-25
Institutions: General Court
Subjects: cross-frontier data flow, data collection, data protection, personal data, protection of freedoms, protection of privacy








C_2017006EN.01003901.xml










9.1.2017   


EN


Official Journal of the European Union


C 6/39





Action brought on 25 October 2016 — La Quadrature du Net and Others v Commission

(Case T-738/16)
(2017/C 006/49)
Language of the case: French

Parties


Applicants: La Quadrature du Net (Paris, France), French Data Network (Amiens), Fédération des Fournisseurs d’Accès à Internet Associatifs (Fédération FDN) (Amiens) (represented by: H. Roy, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


declare Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 to be contrary to Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union;










—


annul that decision.





Pleas in law and main arguments

In support of the action, the applicants put forward four pleas in law.






1.


First plea, alleging infringement of the Charter of Fundamental Rights of the European Union (‘the Charter’) by reason of the generalised nature of the collections allowed under the US regulatory regime. Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US Privacy Shield (‘the contested decision’) committed such an infringement by failing to draw the conclusion that the US regulatory regime is in particular contrary to the essence of the fundamental right to respect for private life guaranteed by Article 7 of the Charter.










2.


Second plea, alleging infringement of the Charter, insofar as the contested decision wrongly found that the EU-US Privacy Shield assures a level of protection of fundamental rights that is substantially equivalent to that guaranteed within the European Union despite the fact that the operations allowed under the US regulatory regime are not limited to what is strictly necessary.










3.


Third plea, alleging infringement of the Charter, to the extent that the contested decision failed to take into consideration the lack of effective remedy provided for under the US regulatory regime and concluded, notwithstanding that failure, that the abovementioned protection was equivalent.










4.


Fourth plea, alleging infringement of the Charter, as the contested decision was manifestly incorrect in finding that the EU-US Privacy Shield assured protection equivalent to that guaranteed within the European Union, despite the lack of provision of independent monitoring under the US regulatory regime.
Case T-32/16: Order of the General Court of 25 October 2016 — Czech Republic v Commission
Date: 2016-10-25
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, common agricultural policy, early retirement, financial loss, infringement of EU law, retirement conditions, rural development








C_2016475EN.01002501.xml










19.12.2016   


EN


Official Journal of the European Union


C 475/25





Order of the General Court of 25 October 2016 — Czech Republic v Commission
(Case T-32/16) (1)

(2016/C 475/37)
Language of the case: Czech
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 98, 14.3.2016.
Corrigendum to Council Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September 1985 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities (OJ L 265, 8.10.1985)
Date: 2016-10-25
Institutions: Council of the European Union
Subjects: family benefit, regulations for civil servants, remuneration of work, servant (EU)








L_2016289EN.01002202.xml










25.10.2016   


EN


Official Journal of the European Union


L 289/22







Corrigendum to Council Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September 1985 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities

(
Official Journal of the European Communities L 265 of 8 October 1985
)


On page 7, Article 34 (relating to Article 32):
for:

‘“The servant may appeal against this decision to the Invalidity Committee provided for in Article 4(1) of the Staff Regulations.”’,

read:

‘“The servant may appeal against this decision to the Invalidity Committee provided for in Article 9(1) of the Staff Regulations.”’.
Case T-747/16: Action brought on 25/10/2016 — Vincenti v EUIPO
Date: 2016-10-25
Institutions: General Court
Subjects: European official, disability insurance, incapacity for work, pension scheme, staff regulations (EU)








C_2017014EN.01003702.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/37






Action brought on 25/10/2016 — Vincenti v EUIPO
(Case T-747/16)
(2017/C 014/46)
Language of the case: English

Parties


Applicant: Guillaume Vincenti (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Form of order sought

The applicant claims that the Court should:






—


Annul the EUIPO’s decision not to recognize the applicant’s total permanent incapacity to perform duties and its refusal to declare that he shall be retired





Pleas in law and main arguments

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






1.


First plea in law, alleging that the defendant infringed the relevant provisions of the Staff Regulations, namely Articles 7-9, 13, 33, and 78 thereof, and Articles 13-16 of Annex VIII to those Regulations and in particular Article 53 of the Staff Regulations.










2.


Second plea in law, alleging that the defendant breached its fiduciary duty and the principle of sound administration (Articles 41(1), 41 (2)(a), (b) and (c), Charter of Fundamental Rights of the EU) as well as the applicant’s procedural rights, also by basing the Contested Decision on distorted facts:










3.


Third plea in law, alleging that the defendant breached Article 3(1) of the Charter of Fundamental Rights of the EU.




In support of the above pleas, the applicant argues in particular that the Appointing Authority does not have any discretion within the procedure for invalidity according to the relevant stipulations of the Staff Regulations to recognise or not recognise the permanent incapacity of an official to perform his duties, since the decision of the Invalidity Committee is binding and, even on the assumption that the Appointing Authority has a discretion within this procedure, there was no justified reason in the case of the applicant not to recognize his permanent incapacity.
Case T-740/16: Action brought on 25 October 2016 — Stips v Commission
Date: 2016-10-25
Institutions: General Court
Subjects: indemnification, reassignment, servant (EU)








C_2016475EN.01002102.xml










19.12.2016   


EN


Official Journal of the European Union


C 475/21





Action brought on 25 October 2016 — Stips v Commission
(Case T-740/16)
(2016/C 475/32)
Language of the case: French

Parties


Applicant: Adolf Stips (Besozzo, Italy) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

Declare and rule that






—


the European Commission is ordered to make good in full the harm suffered by the applicant as a result of the delay encountered in the organisation of the 2013 re-grading exercise;










—


in any event, the European Commission is ordered to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging the loss which he suffered which is attributable exclusively to the disregard by the Commission of its duty of sound administration, enshrined in Article 41 of the Charter of Fundamental Rights. The applicant argues, firstly, that the list of re-graded staff was not adopted by the Commission within a reasonable period, that is to say before 31 December 2013. He adds, secondly, that the material harm which is allegedly suffered is real and quantifiable and, thirdly, that there is a causal link between the Commission’s administrative error and the loss which he suffered.
European Parliament legislative resolution of 25 October 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 1365/2006 on statistics of goods transport by inland waterways as regards the conferral of delegated and implementing powers on the Commission for the adoption of certain measures (09878/1/2016 — C8-0358/2016 — 2013/0226(COD))
Date: 2016-10-25
Institutions: Committee on Economic and Monetary Affairs, Committee on Transport and Tourism, European Parliament
Subjects: EU statistics, European Commission, carriage of goods, delegated legislation, inland waterway, transfer of competence, transport statistics








C_2018215EN.01027101.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/271





P8_TA(2016)0399
Statistics of goods transport by inland waterways (delegated and implementing powers) ***II
European Parliament legislative resolution of 25 October 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 1365/2006 on statistics of goods transport by inland waterways as regards the conferral of delegated and implementing powers on the Commission for the adoption of certain measures (09878/1/2016 — C8-0358/2016 — 2013/0226(COD))
(Ordinary legislative procedure: second reading)
(2018/C 215/54)

The European Parliament,






—


having regard to the Council position at first reading (09878/1/2016 — C8-0358/2016),










—


having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2013)0484),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 76 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Transport and Tourism (A8-0298/2016),












1.


Approves the Council position at first reading;












2.


Notes that the act is adopted in accordance with the Council position;












3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;












4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  Texts adopted of 11.3.2014, P7_TA(2014)0180.