do-me/EUR-LEX huggingface dataset:
Case T-271/10 OST: Order of the General Court of 17 September 2018 — H v Council (Procedure — Failure to adjudicate on costs)
Date: 2018-09-17
Institutions: General Court
Subjects: legal expenses








C_2019016EN.01004501.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/45






Order of the General Court of 17 September 2018 — H v Council
(Case T-271/10 OST) (1)

((Procedure - Failure to adjudicate on costs))
(2019/C 16/55)
Language of the case: English

Parties


Applicant: H (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and F. Naert, acting as Agents)

Re:

Application to remedy a failure to adjudicate on costs in the judgment of 11 April 2018, H v Council (T-271/10 RENV, EU:T:2018:180).

Operative part of the order







1.


Paragraph 174 of the judgment of 11 April 2018, H v Council (T-271/10 RENV, EU:T:2018:180), is amended as follows:
‘Under Article 134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Nevertheless, in accordance with Article 133 of the Rules of Procedure, read in conjunction with Article 219 of those rules, a decision as to all the costs relating to the appeal proceedings and the proceedings initiated before the General Court is to be given in the judgment which closes the proceedings. Furthermore, Article 134(3) of those rules provides that the parties are to bear their own costs where each party succeeds on some and fails on other heads. However, if it appears justified in the circumstances of the case, the General Court may order that one party, in addition to bearing his own costs, pay a proportion of the costs of the other party. In the circumstances of the present case, it is appropriate to order the Council to bear the costs incurred by the applicant and itself up to the time of delivery of the judgment on appeal, only in so far as they relate to the question of the admissibility of the action, and to order the applicant to bear all the other costs incurred by the Council and herself both before and after that judgment was delivered.’










2.


Paragraph 2 of the operative part of the judgment of 11 April 2018, H v Council (T-271/10 RENV, EU:T:2018:180), is amended as follows:
‘The Council shall bear its own costs and pay the costs incurred by H up to the time of delivery of the judgment of 19 July 2016, H v Council and Commission(C-455/14 P, EU:C:2016:569), only in so far as they relate to the question of the admissibility of the action. H shall bear all the other costs incurred by the Council and herself both before and after that judgment was delivered.’










3.


H and the Council shall bear their own costs in relation to the present application.






(1)  OJ C 221, 14.8.2010.
Prior notification of a concentration (Case M.9081 — Cinven/Generali Lebensversicherung) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-09-17
Institutions: European Commission
Subjects: economic concentration, insurance company, investment company, life assurance, merger control








C_2018327EN.01001401.xml










17.9.2018   


EN


Official Journal of the European Union


C 327/14






Prior notification of a concentration
(Case M.9081 — Cinven/Generali Lebensversicherung)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 327/10)

1.   
On 7 September 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Cinven (United Kingdom),










—


Viridium Holding AG (Germany), controlled by Cinven,










—


Generali Lebensversicherung Aktiengesellschaft (‘Generali Lebensversicherung’) (Germany)




Cinven acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Generali Lebensversicherung.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Cinven is a private equity business engaged in the provision of investment management and investment advisory services to a number of investment funds,










—


Viridium is a provider of life insurance products, almost exclusively in Germany,










—


Generali Lebensversicherung is an insurance company licensed for and primarily active in the provision of life insurance products in Germany.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.9081 — Cinven/Generali Lebensversicherung
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal address:




European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-546/18: Action brought on 17 September 2018 — XM and Others v Commission
Date: 2018-09-17
Institutions: General Court
Subjects: European official, allowances and expenses, children's rights, education grant, equal treatment, pay, principle of legal certainty, principle of proportionality, right to education, school fees








C_2018399EN.01005301.xml










5.11.2018   


EN


Official Journal of the European Union


C 399/53






Action brought on 17 September 2018 — XM and Others v Commission
(Case T-546/18)
(2018/C 399/68)
Language of the case: French

Parties


Applicants: XM and 26 other applicants (represented by: N. de Montigny, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


Annul the decisions adversely affecting the various applicants consisting of the decisions of the appointing authority not to grant them reimbursement of school fees for the year 2017/2018, which were made in various ways according to the specific circumstances of each of the applicants:






—


either by means of an individual decision (and more specifically an email) specifically indicating the refusal of the reimbursement;










—


or by the reference to ‘processed’ in their Sysper account and considered as a rejection decision by the applicant since the subsequent salary slip, in the following month (at the earliest on the 10th with regard to the date of transmission of the salary slips) does not include any reimbursement or only a reimbursement of transport costs;










—


or by a total failure to process the application which is considered, after four months from the date of its submission, to be implicitly rejected;














—


Order the defendant to pay the costs.





Pleas in law and main arguments

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






—


First plea in law, alleging infringement of Article 3(1) of Annex VII to the Staff Regulations of the European Union and of the general implementing provisions for the reimbursement of medical expenses, in so far as the amended interpretation by the defendant was in breach of acquired rights, legitimate expectations, legal certainty and the principle of good administration.










—


Second plea in law, alleging infringement of the rights of the child, and of the right to family life and the right to education.










—


Third plea in law, alleging breach of the principles of equal treatment and non-discrimination,










—


Fourth plea in law, alleging that the contested decision is vitiated by a failure to effectively weigh up the interests of the applicants and a failure to comply with the principle of proportionality.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2018-09-17
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, non-alcoholic beverage








C_2018327EN.01001001.xml










17.9.2018   


EN


Official Journal of the European Union


C 327/10






Explanatory Notes to the Combined Nomenclature of the European Union
(2018/C 327/06)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 97, in the explanatory note to heading 2202‘Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009’, the following text is added:


‘Non-alcoholic beverages of this heading are liquids directly suitable and intended for human consumption by drinking regardless of the quantity in which they are absorbed, or the special purposes for which various kinds of liquids may be consumed, in so far as they are not included in any other more specific heading. Purely subjective, variable factors such as the manner in which such beverages are taken or the purpose for which they are consumed, e.g. to quench thirst or to improve health, are not relevant for their classification (see the judgment of the Court of Justice of the European Union in case 114/80).
This heading includes, inter alia, liquid, ready-to-drink nutrition for infants.’



(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.