do-me/EUR-LEX huggingface dataset:
Case C-73/17: Judgment of the Court (Grand Chamber) of 2 October 2018 — French Republic v European Parliament (Action for annulment — Institutional law — Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union — European Parliament — Concept of ‘budget session’ held in Strasbourg (France) — Article 314 TFEU — Exercise of budgetary powers during an additional plenary part-session in Brussels (Belgium))
Date: 2018-10-02
Institutions: Court of Justice
Subjects: adoption of the budget, budgetary power, draft budget (EU), general budget (EU), parliamentary sitting, seat of institution








C_2018436EN.01000801.xml










3.12.2018   


EN


Official Journal of the European Union


C 436/8






Judgment of the Court (Grand Chamber) of 2 October 2018 — French Republic v European Parliament
(Case C-73/17) (1)

((Action for annulment - Institutional law - Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union - European Parliament - Concept of ‘budget session’ held in Strasbourg (France) - Article 314 TFEU - Exercise of budgetary powers during an additional plenary part-session in Brussels (Belgium)))
(2018/C 436/08)
Language of the case: French

Parties


Applicant: French Republic (represented by: F. Alabrune, D. Colas, B. Fodda and E. de Moustier, acting as Agents)

Defendant: European Parliament (represented by: R. Crowe and U. Rösslein, acting as Agents)

Intervener in support of the applicant: Grand Duchy of Luxembourg (represented by: D. Holderer and C. Schiltz, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the French Republic to pay, in addition to its own costs, those of the European Parliament;










3.


Orders the Grand Duchy of Luxembourg to bear its own costs.






(1)  OJ C 104, 3.4.2017.
Case T-590/18: Action brought on 2 October 2018 — Antonakopoulos v Parliament
Date: 2018-10-02
Institutions: General Court
Subjects: European official, disciplinary proceedings, dismissal, labour standard, principle of proportionality, rights of the defence








C_2018427EN.01009701.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/97






Action brought on 2 October 2018 — Antonakopoulos v Parliament
(Case T-590/18)
(2018/C 427/127)
Language of the case: French

Parties


Applicant: Leonidas Antonakopoulos (Athens, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the decision to suspend him from his duties;










—


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.






1.


First plea in law, alleging infringement of the rights of the defence and of the principle of sound administration inasmuch as the administration did not hear him before adopting the decision, even though it would have been possible to hold a hearing without damage to the interests of the investigation or the service.










2.


Second plea in law, alleging infringement of the obligation to state adequate reasons inasmuch as the allegation of serious misconduct on which the contested decision is based is terse and vague and neither accompanied by reasons nor substantiated by precise information revealing the existence of adequate suspicions such as to lead to the conclusion that the applicant failed to honour his obligations under the Staff Regulations.










3.


Third plea in law, alleging infringement of the principle of proportionality, inasmuch as the administration could have adopted more lenient measures while satisfying the needs of the inquiry.










4.


Fourth plea in law, alleging infringement of the duty to have regard to the welfare of officials inasmuch as, first, the administration failed to weigh up the interests of the applicant against those of the service, in particular the fact that the applicant has worked for the Parliament for almost 30 years, has excellent relations with his line managers and has had very good appraisal reports and, secondly, the fact that that decision was rapidly publicised undermines his personality and his reputation.
Case C-207/16: Judgment of the Court (Grand Chamber) of 2 October 2018 (request for a preliminary ruling from the Audiencia Provincial de Tarragona — Spain) — Proceedings brought by Ministerio Fiscal (Reference for a preliminary ruling — Electronic communications — Processing of personal data — Directive 2002/58/EC — Articles 1 and 3 — Scope — Confidentiality of electronic communications — Protection — Article 5 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Data processed in connection with the provision of electronic communications services — Access of national authorities to the data for the purposes of an investigation — Threshold of seriousness of an offence capable of justifying access to the data)
Date: 2018-10-02
Institutions: Court of Justice
Subjects: approximation of laws, crime, data protection, fundamental rights, imprisonment, offence, personal data, telecommunications industry








C_2018436EN.01000201.xml










3.12.2018   


EN


Official Journal of the European Union


C 436/2






Judgment of the Court (Grand Chamber) of 2 October 2018 (request for a preliminary ruling from the Audiencia Provincial de Tarragona — Spain) — Proceedings brought by Ministerio Fiscal
(Case C-207/16) (1)

((Reference for a preliminary ruling - Electronic communications - Processing of personal data - Directive 2002/58/EC - Articles 1 and 3 - Scope - Confidentiality of electronic communications - Protection - Article 5 and Article 15(1) - Charter of Fundamental Rights of the European Union - Articles 7 and 8 - Data processed in connection with the provision of electronic communications services - Access of national authorities to the data for the purposes of an investigation - Threshold of seriousness of an offence capable of justifying access to the data))
(2018/C 436/02)
Language of the case: Spanish

Referring court

Audiencia Provincial de Tarragona

Party to the main proceedings

Ministerio Fiscal

Operative part of the judgment

Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, read in the light of Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that the access of public authorities to data for the purpose of identifying the owners of SIM cards activated with a stolen mobile telephone, such as the surnames, forenames and, if need be, addresses of the owners, entails interference with their fundamental rights, enshrined in those articles of the Charter of Fundamental Rights, which is not sufficiently serious to entail that access being limited, in the area of prevention, investigation, detection and prosecution of criminal offences, to the objective of fighting serious crime.


(1)  OJ C 251, 11.7.2016.
Council Decision (EU) 2018/1509 of 2 October 2018 appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions
Date: 2018-10-02
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2018255EN.01001401.xml










11.10.2018   


EN


Official Journal of the European Union


L 255/14








            COUNCIL DECISION (EU) 2018/1509
of 2 October 2018
         
appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the German Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Wolfgang SCHMIDT,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Ms Annette TABBARA, Staatsrätin, Bevollmächtigte der Freien und Hansestadt Hamburg beim Bund, der Europäischen Union und für auswärtige Angelegenheiten.






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




Done at Luxembourg, 2 October 2018.


For the Council


The President

H. LÖGER
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Council Decision of 2 October 2018 appointing three members of the Governing Board of the European Centre for the Development of Vocational Training for Spain, Slovakia and Cyprus
Date: 2018-10-02
Institutions: Council of the European Union
Subjects: Cedefop, Cyprus, Slovakia, Spain, appointment of members, decision-making body (EU)




C_2018355EN.01000201.xml










4.10.2018   


EN


Official Journal of the European Union


C 355/2






COUNCIL DECISION
of 2 October 2018
appointing three members of the Governing Board of the European Centre for the Development of Vocational Training for Spain, Slovakia and Cyprus
(2018/C 355/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
Having regard to the lists of nominees submitted to the Council by the Governments of the Member States as regards their representatives, and by the Commission as regards the representatives of the employers’ organisations and employees’ organisations,
Whereas:






(1)


By its Decision of 16 July 2018 (2) and Corrigendum to Council Decision of 16 July 2018 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2018 to 17 September 2021.










(2)


The Commission submitted one nominee as regards the representatives of the employees’ organisations.










(3)


Spain and Slovakia submitted two nominees as regards the representatives of governments,




HAS ADOPTED THIS DECISION:

Article 1
The following three persons are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the period ending on 17 September 2021:
I.   REPRESENTATIVES OF THE GOVERNMENTS:






Spain


Ms Clara SANZ LÓPEZ




Slovakia


Mr Juraj VANTUCH







II.   REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS:






Cyprus


Mr Evangelos EVANGELOU






Article 2
The Council shall appoint members who have not yet been nominated at a later date.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Luxembourg, 2 October 2018.


For the Council


The President

H. LÖGER




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  Council Decision of 16 July 2018 renewing the Governing Board of the European Centre for the Development of Vocational Training (OJ C 253, 19.7.2018, p. 9).

(3)  Corrigendum to Council Decision of 16 July 2018 renewing the Governing Board of the European Centre for the Development of Vocational Training (OJ C 325, 14.9.2018, p. 20).
Non-opposition to a notified concentration (Case M.9111 — Bregal Unternehmerkapital/trendtours Touristik) (Text with EEA relevance.)
Date: 2018-10-02
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, provision of services, tourism








C_2018366EN.01000102.xml










10.10.2018   


EN


Official Journal of the European Union


C 366/1






Non-opposition to a notified concentration
(Case M.9111 — Bregal Unternehmerkapital/trendtours Touristik)
(Text with EEA relevance)
(2018/C 366/02)
On 2 October 2018, 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 German 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 32018M9111. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.