do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 28 November 2016 regarding a draft decision relating to Case AT.39914(1) — Euro Interest Rate Derivatives — Rapporteur: Portugal
Date: 2016-11-28
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Euribor, bank, euro, exchange of information, financial derivative, interest, restriction on competition, sanction (EU), trade information








C_2019130EN.01000201.xml










8.4.2019   


EN


Official Journal of the European Union


C 130/2






Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 28 November 2016 regarding a draft decision relating to Case AT.39914(1) — Euro Interest Rate Derivatives
Rapporteur: Portugal
(2019/C 130/02)

1.   

The Advisory Committee agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU and Article 53 EEA.



2.   

The Advisory Committee agrees with the Commission’s assessment of the product and geographic scope of the agreement and/or concerted practices contained in the draft decision.



3.   

The Advisory Committee agrees with the Commission that the undertakings concerned by the draft decision have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 EEA.



4.   

The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practices was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 EEA.



5.   

The Advisory Committee agrees with the Commission that the agreement and/or concerted practices have been capable of appreciably affecting trade between the Member States of the EU/contracting parties to the EEA agreement.



6.   

The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement.



7.   

The Advisory Committee agrees with the Commission’s draft decision as regards the addressees.



8.   

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case C-615/16: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 28 November 2016 — Giovanna Judith Kerr v Fazenda Pública
Date: 2016-11-28
Institutions: Court of Justice
Subjects: VAT, contract, customers, marketing, property leasing, provision of services, tax exemption








C_2017151EN.01001401.xml










15.5.2017   


EN


Official Journal of the European Union


C 151/14





Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 28 November 2016 — Giovanna Judith Kerr v Fazenda Pública
(Case C-615/16)
(2017/C 151/19)
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicant: Giovanna Judith Kerr

Defendant: Fazenda Pública

Question referred

[Must] the provision in Articles 135(1)(f) and 15(2) of Council Directive 2006/112/EC (1) … be interpreted as referring only to parties to contracts for the marketing of rights to use properties, or [may] it also be interpreted as referring equally to the activity carried on by the applicant, consisting in attracting clients and promoting services, so as to ensure that the business marketing those services completes the relevant sale, in accordance with instructions laid down in advance and limits on discounts and promotional gifts?


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax OJ 2006 L 347, p. 1.
Case C-610/16 P: Appeal brought on 28 November 2016 by Anastasia-Soultana Gaki against the order of the General Court (Eighth Chamber) made on 19 September 2016 in Case T-112/16, Gaki v Parliament
Date: 2016-11-28
Institutions: Court of Justice
Subjects: European arrest warrant, Greece, infringement procedure (EU), petition








C_2017195EN.01000802.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/8





Appeal brought on 28 November 2016 by Anastasia-Soultana Gaki against the order of the General Court (Eighth Chamber) made on 19 September 2016 in Case T-112/16, Gaki v Parliament
(Case C-610/16 P)
(2017/C 195/12)
Language of the Case: German

Parties


Appellant: Anastasia-Soultana Gaki (represented by: G. Keisers, Rechtsanwalt)

Other party to the proceedings: European Parliament
By order of 6 April 2017, the Court of Justice of the European Union (Tenth Chamber) dismissed the appeal and ordered the appellant to bear her own costs.
Case T-826/16: Action brought on 28 November 2016 — Casasnovas Bernad v Commission
Date: 2016-11-28
Institutions: General Court
Subjects: European official, reassignment, remuneration of work, servant (EU), staff regulations (EU), termination of employment, unpaid leave, work contract








C_2017022EN.01005202.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/52





Action brought on 28 November 2016 — Casasnovas Bernad v Commission
(Case T-826/16)
(2017/C 022/71)
Language of the case: French

Parties


Applicant: Luis Javier Casasnovas Bernad (Saint-Dominique, Dominican Republic) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought







—


Declare and order










—


that the decision of 27 September 2016 terminating the applicant’s contract is annulled;










—


that the Commission is to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that Article 3(3) of the Commission’s decision of 2 March 2011 is inapplicable.










2.


Second plea in law, alleging infringement of Article 85 of the Conditions of Employment of Other Servants of the European Union, in that the authority competent to conclude contracts of employment (AECC) renewed the applicant’s contract for an indefinite period while providing for a termination clause based on the occurrence of an event which may be assimilated to termination.










3.


Third plea in law, alleging infringement of the duty of care in that, firstly, the AECC terminated the applicant’s contract before taking a decision on the renewal of his leave on personal grounds, secondly, it acted thus without even making an initial offer of reinstatement to him and, thirdly, nor did it inform him whether it was possible under the budget to pay him at the end of his leave.










4.


Fourth plea in law, alleging infringement of Articles 12b and 40(1a) of the Staff Regulations of Officials of the European Union by the AECC.
Case T-833/16: Action brought on 28 November 2016 — Karp v Parliament
Date: 2016-11-28
Institutions: General Court
Subjects: contract staff, damage, remuneration of work, servant (EU), staff regulations (EU), work contract








C_2017046EN.01001902.xml










13.2.2017   


EN


Official Journal of the European Union


C 46/19





Action brought on 28 November 2016 — Karp v Parliament
(Case T-833/16)
(2017/C 046/22)
Language of the case: English

Parties


Applicant: Kevin Karp (Brussels, Belgium) (represented by: N. Lambers, and R. Ben Ammar, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the authority authorised to conclude contracts of employment for the EFDD Group within the European Parliament which classified the applicant in function group I within the scope of the accredited parliamentary assistant (APA) contract signed on 25 February 2015 and in function group II within the scope of the contract of employment signed on 12 May 2016;










—


order the defendant to compensate the applicant for the material and non-material damage suffered, estimated provisionally to be EUR 40 888,68 and EUR 63 323,20, respectively;










—


order the defendant to bear its own costs and to pay the costs incurred by the applicant.





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 violation of Article 80 of the CESO Staff Regulations






—


The applicant was given a salary grade corresponding to function group I for his first contract and at the bottom of function group II for the second employment contract he was offered. The function group II involves ‘Clerical and secretarial tasks, office management and other equivalent tasks, performed under the supervision of officials or temporary staff’ while the vast majority of tasks entrusted to the applicant within the scope of his first and his second employment contracts were administrative and advisory tasks as demonstrated in the annexes to the application.














2.


Second plea in law, alleging a violation of Article 82 of the CEOS Staff Regulations






—


Article 82 of the CEOS staff regulations states that a contract staff member shall be recruited in function group IV if he can demonstrate a level of education which corresponds to completed university studies of at least three years attested by a diploma or professional training of an equivalent level. The applicant has five years of university studies attested by two diplomas and, in addition, regarding the second contract he was offered, has a previous work experience for the European Parliament involving tasks equivalent to the tasks he ended up performing.
Case T-147/16: Order of the General Court of 28 November 2016 — Italy v Commission (Failure to comply with a judgment of the Court of Justice establishing that a Member State has failed to fulfil obligations — Periodic penalty payment — Judgment quantifying the amount of the periodic penalty — No need to adjudicate)
Date: 2016-11-28
Institutions: General Court
Subjects: State aid, aid system, control of State aid, employment aid, interest, principle of proportionality, reimbursement of aid








C_2017022EN.01003502.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/35





Order of the General Court of 28 November 2016 — Italy v Commission
(Case T-147/16) (1)

((Failure to comply with a judgment of the Court of Justice establishing that a Member State has failed to fulfil obligations - Periodic penalty payment - Judgment quantifying the amount of the periodic penalty - No need to adjudicate))
(2017/C 022/48)
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and S. Fiorentino, avvocato dello Stato)

Defendant: European Commission (represented by: B. Stromsky and D. Recchia, acting as Agents)

Subject matter

Application under Article 263 TFEU for annulment of Commission Decision C(2016) 366 final of 28 January 2016, by which, in order to ensure compliance with the judgment of 17 November 2011, Commission v Italy, (C-496/09, EU:C:2011:740), the Commission fixed the amount of the periodic penalty owed by the Italian Republic for the six months from 18 November 2012 to 17 May 2013 and for the six months from 18 May 2013 to 17 November 2013.

Operative part of the order







1)


There is no longer any need to adjudicate on the present action.










2)


The European Commission shall pay the costs.






(1)  OJ C 191, 30.5.2016.
Council Decision (EU, Euratom) 2016/2110 of 28 November 2016 appointing a member, proposed by the Hellenic Republic, of the European Economic and Social Committee
Date: 2016-11-28
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Greece, appointment of members








L_2016327EN.01007601.xml










2.12.2016   


EN


Official Journal of the European Union


L 327/76








            COUNCIL DECISION (EU, Euratom) 2016/2110
of 28 November 2016
         
appointing a member, proposed by the Hellenic Republic, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the proposal of the Greek Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Aikaterini PEPPA,





HAS ADOPTED THIS DECISION:



Article 1
Mr Constantine CATSAMBIS, Ambassador ad. h., Union of Greek Shipowners (UGS) external advisor on European Affairs, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.


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




Done at Brussels, 28 November 2016.


For the Council


The President

P. ŽIGA
            





(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).
Council Decision of 28 November 2016 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Denmark, France, Italy and Malta
Date: 2016-11-28
Institutions: Council of the European Union
Subjects: Denmark, European Agency for Safety and Health at Work, France, Italy, Malta, appointment of members








C_2016447EN.01000701.xml










1.12.2016   


EN


Official Journal of the European Union


C 447/7





COUNCIL DECISION
of 28 November 2016
appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Denmark, France, Italy and Malta
(2016/C 447/04)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employees' and the employers' organisations,
Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
Whereas:






(1)


By its Decision of 17 October 2016 (2) the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2016 to 7 November 2019.










(2)


The government of Italy has submitted further nominations for two posts to be filled.










(3)


The employees' organisation ETUC and the employers' organisation BUSINESSEUROPE 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 Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2019:
I.   GOVERNMENT REPRESENTATIVES







Country


Member


Alternate member




Italy


Mr Romolo De CAMILLIS


Ms Alessandra PERA







II.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS







Country


Members


Alternate members




France


Mr Abderrafik ZAIGOUCHE


Ms Edina LAMOUREUX




Italy


Ms Cinzia FRASCHERI


Mr Marco LUPI







III.   REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS







Country


Members


Alternate members




Denmark


Mr Henrik BACH MORTENSEN


Ms Lena SØBY




France


Mr Patrick LEVY


Ms Nathalie BUET




Italy


Ms Fabiola LEUZZI


 




Malta


Mr Lawrence MIZZI


Mr Brian ZAHRA




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 Brussels, 28 November 2016.


For the Council


The President

P. ŽIGA




(1)  OJ L 216, 20.8.1994, p. 1.

(2)  Council Decision of 17 October 2016 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work (OJ C 386, 20.10.2016, p. 3).
Council Decision (EU) 2016/2111 of 28 November 2016 appointing a member of the Advisory Committee on Freedom of Movement for Workers for Belgium
Date: 2016-11-28
Institutions: Council of the European Union
Subjects: Belgium, advisory committee (EU), appointment of members, free movement of workers








L_2016327EN.01007701.xml










2.12.2016   


EN


Official Journal of the European Union


L 327/77








            COUNCIL DECISION (EU) 2016/2111
of 28 November 2016
         
appointing a member of the Advisory Committee on Freedom of Movement for Workers for Belgium


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Articles 23 and 24 thereof,


Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:







(1)


By its Decision of 20 September 2016 (2), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2016 to 24 September 2018.












(2)


The government of Belgium has submitted one nomination for a post to be filled,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed member of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2016 to 24 September 2018:
I.   TRADE UNION REPRESENTATIVES







Country


Members


Alternates




Belgium


Mr Joeri HENS


 






Article 2
The Council shall appoint 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 Brussels, 28 November 2016.


For the Council


The President

P. ŽIGA
            





(1)  
            OJ L 141, 27.5.2011, p. 1.

(2)  Council Decision of 20 September 2016 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers (OJ C 348, 23.9.2016, p. 3.)
Case T-831/16: Action brought on 28 November 2016 — Kabushiki Kaisha Zoom v EUIPO — Leedsworld (ZOOM)
Date: 2016-11-28
Institutions: General Court
Subjects: EU trade mark, electronic device, registered trade mark, trade-mark law








C_2017022EN.01005701.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/57





Action brought on 28 November 2016 — Kabushiki Kaisha Zoom v EUIPO — Leedsworld (ZOOM)
(Case T-831/16)
(2017/C 022/76)
Language in which the application was lodged: English

Parties


Applicant: Kabushiki Kaisha Zoom (Tokyo, Japan) (represented by: M. de Arpe Tejero, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Leedsworld, Inc. (New Kensington, Pennsylvania, United States)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark ‘ZOOM’ — Application for registration No 11 766 111

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 September 2016 in Case R 1235/2015-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


reject entirely the EU trade mark No 11 766 111 ‘ZOOM’ for class 9;










—


order EUIPO and the intervener to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) Regulation No 207/2009.
Case T-225/16: Order of the General Court of 28 November 2016 — Matratzen Concord v EUIPO (EU trade mark — Application for EU word mark Ganz schön ausgeschlafen — Mark consisting of an advertising slogan — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law)
Date: 2016-11-28
Institutions: General Court
Subjects: EU trade mark, household article, registered trade mark, trade-mark law








C_2017022EN.01003601.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/36





Order of the General Court of 28 November 2016 — Matratzen Concord v EUIPO
(Case T-225/16) (1)

((EU trade mark - Application for EU word mark Ganz schön ausgeschlafen - Mark consisting of an advertising slogan - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly unfounded in law))
(2017/C 022/49)
Language of the case: German

Parties


Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf and A. Graul, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 24 February 2016 (Case R 1234/2015-1) concerning an application for registration of the word mark Ganz schön ausgeschlafen as an EU trade mark.

Operative part of the order







1.


The action is dismissed.










2.


Matratzen Concord GmbH shall pay the costs.






(1)  OJ C 232, 27.6.2016.
Case T-128/16: Order of the General Court of 28 November 2016 — SureID v EUIPO (SUREID) (EU trade mark — Application for the EU word mark SUREID — Absolute ground for refusal — Lack of descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Descriptive character — Action manifestly lacking any foundation in law)
Date: 2016-11-28
Institutions: General Court
Subjects: EU trade mark, registered trade mark, security services, trade-mark law








C_2017022EN.01003501.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/35





Order of the General Court of 28 November 2016 — SureID v EUIPO (SUREID)
(Case T-128/16) (1)

((EU trade mark - Application for the EU word mark SUREID - Absolute ground for refusal - Lack of descriptive character - Article 7(1)(c) of Regulation No 207/2009 - Descriptive character - Action manifestly lacking any foundation in law))
(2017/C 022/47)
Language of the case: English

Parties


Applicant: SureID, Inc. (Hillsboro, Oregon, United States) (represented by: B. Brandreth, Barrister)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and S. Crabbe, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 January 2016 (Case R 1478/2015-4), relating to the application for registration of the word sign SUREID as an EU trade mark.

Operative part of the order







1.


The action is dismissed.










2.


SureID, Inc. shall pay the costs.






(1)  OJ C 175, 17.5.2016.