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V Announcements
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COURT PROCEEDINGS
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Court of Justice
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2013/C 046/02
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Case C-534/10 P: Judgment of the Court (First Chamber) of 19 December 2012 — Brookfield New Zealand Ltd, Elaris SNC v Community Plant Variety Office (CPVO), Schniga GmbH (Appeal — Community plant variety rights — Regulation (EC) No 2100/94 — Article 73(2) — Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right — Discretion — Review by the General Court — Article 55(4) read in conjunction with Article 61(1)(b) — Right of the CPVO to make a new request for the submission of plant material)
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2
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2013/C 046/03
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Case C-577/10: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States — Criminal penalties — Obstacle to freedom to provide services — Objectively justified distinction — Overriding requirements in the public interest — Prevention of fraud — Protection against unfair competition — Protection of self-employed workers — Proportionality)
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2
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2013/C 046/04
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Case C-68/11: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directive 1999/30/EC — Pollution control — Limit values for concentrations of PM10 in ambient air)
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3
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2013/C 046/05
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Case C-149/11: Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage — Netherlands) — Leno Merken BV v Hagelkruis Beheer BV (Community trade mark — Regulation (EC) No 207/2009 — Article 15(1) — ‘Genuine use of the trade mark’ — Territorial scope of use — Use of the Community trade mark in a single Member State — Whether sufficient)
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3
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2013/C 046/06
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Case C-159/11: Judgment of the Court (Grand Chamber) of 19 December 2012 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda Sanitaria Locale di Lecce, Università del Salento v Ordine degli Ingegneri della Provincia di Lecce and Others (Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and evaluation of the seismic vulnerability of hospital structures — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator — Contract for pecuniary interest — Consideration not exceeding the costs incurred)
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4
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2013/C 046/07
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Case C-207/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Commissione tributaria regionale di Milano — Italy) — 3D I srl v Agenzia delle Entrate — Ufficio di Cremona (Taxation — Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Articles 2, 4 and 9 — Transfer of assets — Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets — Deferral of taxation — Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company)
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4
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2013/C 046/08
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Case C-279/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Incorrect transposition — Annexe II — Point 1(a) to (c) — Judgment of the Court of Justice — Finding of infringement — Article 260 TFEU — Pecuniary penalties — Lump sum payment — Member State’s ability to pay — Economic crisis — Assessment on the basis of current economic data)
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5
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2013/C 046/09
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Case C-288/11 P: Judgment of the Court (Eighth Chamber) of 19 December 2012 — Mitteldeutsche Flughafen AG, Flughafen Leipzig-Halle GmbH v European Commission, Federal Republic of Germany, Arbeitsgemeinschaft Deutscher Verkehrsflughäfen eV (ADV) (Appeal — State aids — Concept of ‘undertaking’ — Economic activity — Airport infrastructure construction — Runway)
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5
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2013/C 046/10
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Case C-310/11: Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Grattan plc v The Commissioners for Her Majesty’s Revenue & Customs (Taxation — VAT — Second Directive 67/228/EEC — Article 8(a) — Sixth Directive 77/388/EEC — Supply of goods — Basis of assessment — Commission paid by a mail order company to its agent — Purchases by third-party customers — Price reduction after the chargeable event — Direct effect)
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6
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2013/C 046/11
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Case C-314/11 P: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Planet AE (Appeals — Protection of the financial interests of the European Union — Identification of the level of risk associated with an entity — Early warning system — OLAF investigation — Decisions — Requests for activation of W1a and W1b warnings — Reviewable measures — Admissibility)
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6
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2013/C 046/12
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Case C-325/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Sąd Rejonowy w Koszalinie — Poland) — Krystyna Alder, Ewald Alder v Sabina Orłowska, Czesław Orłowski (Regulation (EC) No 1393/2007 — Service of documents — Party domiciled in the territory of another Member State — Representative domiciled in national territory — None — Procedural documents placed in the case file — Presumption of knowledge)
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7
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2013/C 046/13
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Case C-363/11: Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Elegktiko Sinedrio — Greece) — Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou v Ipourgio Politismou kai Tourismou — Ipiresia Dimosionomikou Elenchou (Request for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Proceedings intended to lead to a decision of a judicial nature — National court of auditors ruling on prior authorisation of public expenditure — Inadmissibility)
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7
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2013/C 046/14
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Case C-364/11: Judgment of the Court (Grand Chamber) of 19 December 2012 (reference for a preliminary ruling from the Fővárosi Bíróság — Hungary) — Mostafa Abed El Karem El Kott, Chadi Amin A Radi, Hazem Kamel Ismail v Bevándorlási és Állampolgársági Hivatal (Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Stateless persons of Palestinian origin who have in fact availed themselves of assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — The right of those stateless persons to recognition as refugees on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83 — Conditions under which applicable — Cessation of UNRWA assistance ‘for any reason’ — Evidence — Consequences for the persons concerned seeking refugee status — Persons ‘ipso facto … entitled to the benefits of [the] Directive’ — Automatic recognition as a‘refugee’ within the meaning of Article 2(c) of Directive 2004/83 and the granting of refugee status in accordance with Article 13 thereof)
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8
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2013/C 046/15
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Case C-374/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Domestic waste waters discharged through septic tanks in the countryside — Judgment of the Court finding that a Member State has failed to fulfil obligations — Article 260(2) TFEU — Measures to ensure compliance with a judgment of the Court — Financial penalties — Penalty payment — Lump sum)
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9
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2013/C 046/16
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Case C-445/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Bavaria NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine)
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9
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2013/C 046/17
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Case C-452/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Heineken Nederland BV, Heineken NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision establishing a breach of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine)
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10
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2013/C 046/18
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Case C-549/11: Judgment of the Court (Eighth Chamber) of 19 December 2012 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — grad Burgas pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite v Orfey Balgaria EOOD (VAT — Directive 2006/112/EC — Articles 63, 65, 73 and 80 — Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons — Barter contract — VAT on construction services — Chargeable event — When chargeable — Payment on account of the entire consideration — Payment on account — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Direct effect)
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10
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2013/C 046/19
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Case C-579/11: Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto — Portugal) — Grande Área Metropolitana do Porto (GAMP) v Comissão Directiva do Programa Operacional Potencial Humano, Ministério do Ambiente e do Ordenamento do Território, Ministério do Trabalho e da Solidariedade Social (Structural funds — Regulation (EC) No 1083/2006 — Geographical eligibility — Implementation of an investment co-financed by the European Union from a place located outside of the eligible regions and by an operator established in such a place)
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11
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2013/C 046/20
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Case C-460/12: Reference for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 15 October 2012 — SKP v Ján Bríla
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11
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2013/C 046/21
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Case C-470/12: Reference for a preliminary ruling from the Okresný súd Svidník (Slovakia) lodged on 19 October 2012 — Pohotovosť, s.r.o. v Miroslav Vašuta
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12
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2013/C 046/22
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Case C-508/12: Request for a preliminary ruling from the Landesgericht Salzburg (Austria) lodged on 9 November 2012 — Walter Vapenik v Josef Thurner
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12
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2013/C 046/23
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Case C-510/12: Request for a preliminary ruling from the Hof van Beroep te Gent (Belgium) lodged on 9 November 2012 — Bloomsbury NV v Belgische Staat
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13
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2013/C 046/24
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Case C-519/12: Reference for a preliminary ruling from the Kúria (Hungary) lodged on 19 November 2012 — OTP Bank Nyilvánosan Működő Részvénytársaság v Hochtief Solutions AG
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13
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2013/C 046/25
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Case C-539/12: Reference for a preliminary ruling from Employment Tribunal (United Kingdom) made on 26 November 2012 — ZJR Lock v British Gas Trading Limited & Others
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13
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2013/C 046/26
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Case C-540/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Rena Schmeel v Federal Republic of Germany
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14
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2013/C 046/27
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Case C-541/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Ralf Schuster v Federal Republic of Germany
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14
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2013/C 046/28
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Case C-544/12: Action brought on 27 November 2012 — European Commission v Republic of Poland
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15
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2013/C 046/29
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Case C-549/12 P: Appeal brought by the Federal Republic of Germany against the judgment of the General Court (Third Chamber) of 19 September 2012 in Case T-265/08 Federal Republic of Germany v European Commission, lodged on 29 November 2012
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15
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2013/C 046/30
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Case C-578/12 P: Appeal brought on 6 December 2012 by El Corte Inglés, SA against the judgment of the General Court (Sixth Chamber) delivered on 27 September 2012 in Case T-39/10: El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
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16
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2013/C 046/31
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Case C-590/12: Request for a preliminary ruling from the Amtsgericht Winsen (Luhe) (Germany) lodged on 17 December 2012 — Andrea Merten v ERGO Lebensversicherung AG
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17
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General Court
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2013/C 046/32
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Case T-568/11: Judgment of the General Court of 11 January 2013 — Kokomarina v OHIM — Euro Shoe Group (interdit de me gronder IDMG) (Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court)
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18
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2013/C 046/33
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Case T-255/12: Order of the General Court of 12 December 2012 — Vakili v Council (Common foreign and security policy — Restrictive measures taken against Iran in order to prevent nuclear proliferation — Freezing of funds — Withdrawal from the list of persons concerned — No need to adjudicate)
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18
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2013/C 046/34
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Case T-531/12: Action brought on 6 December 2012 — Tifosi Optics v OHIM — Tom Tailor (T)
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18
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2013/C 046/35
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Case T-533/12: Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)
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19
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2013/C 046/36
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Case T-537/12: Action brought on 12 December 2012 — Zafeiropoulos v European Centre for the Development of Vocational Training (Cedefop)
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19
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2013/C 046/37
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Case T-541/12: Action brought on 12 December 2012 — Wedi v OHIM — Mehlhose Bauelemente für Dachrand + Fassade (BALCO)
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21
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2013/C 046/38
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Case T-547/12: Action brought on 18 December 2012 — Teva Pharma and Teva Pharmaceuticals Europe v EMA
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21
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2013/C 046/39
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Case T-552/12: Action brought on 21 December 2012 — North Drilling v Council
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22
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2013/C 046/40
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Case T-558/12: Action brought on 24 December 2012 — Changshu City Standard Parts Factory v Council
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22
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2013/C 046/41
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Case T-559/12: Action brought on 24 December 2012 — Ningbo Jinding Fastener v Council
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23
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2013/C 046/42
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Case T-561/12: Action brought on 19 December 2012 — Beninca v Commission
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23
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2013/C 046/43
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Case T-562/12: Action brought on 24 December 2012 — Dalli v Commission
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24
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European Union Civil Service Tribunal
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2013/C 046/44
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Case F-44/05 RENV: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Strack v Commission (Civil Service — Officials — Referral to the Tribunal following annulment — Waiver of immunity of the servants of an institution in respect of words spoken and documents written in the course of legal proceedings — Appointment to a post of Head of Unit — Rejection of an application — Action for annulment — Unsuccessful candidate’s interest in bringing proceedings — Authority of res judicata — Procedural defect — Balancing of the interests at stake — Action for damages — Non-material damage suffered by reason of an irregularity)
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25
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2013/C 046/45
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Case F-63/09: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Donati v ECB (Civil service — ECB Staff — Complaint of psychological harassment — Administrative inquiry — Access to the file of the inquiry — Transmission of the case-file to persons impugned in the complaint — Duty of confidentiality — Respect for the rights of the defence)
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25
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2013/C 046/46
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Case F-96/09: Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012 — Cuallado Martorell v Commission (Civil service — Open competition — Non-admission to the oral test following results obtained in written tests — Requests for review — Specific right of candidates to have access to certain information concerning them — Purpose and scope — Right of access to corrected written tests — None)
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26
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2013/C 046/47
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Case F-65/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Mata Blanco v Commission (Civil service — Internal competition COM/INT/OLAF/09/AD10 — Combating fraud — Respective competences of EPSO and the selection board — Admission tests supervised by the selection board — Oral test — Infringement of the notice of competition — Difference between marks — Evaluation criteria — Equal treatment of candidates — Manifest error of assessment — Principles of transparency and of sound administration — Obligation to state reasons)
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26
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2013/C 046/48
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Case F-85/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 July 2012 — AI v Court of Justice (Civil service — Members of the temporary staff — Internal competition — Elimination from the competition in consequence of the result obtained in the first written test — Reexamination — Equal treatment — Reclassification of a fixed-term employment contract as a contract for an indefinite period — Non-renewal of a fixed-term contract as a member of the temporary staff — Action for annulment — Action for damages)
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26
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2013/C 046/49
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Case F-122/10: Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Cocchi and Falcione v Commission (Civil service — Officials — Pension — Transfer of pension rights acquired under a national pension — Withdrawal of a transfer proposal — Measure not having conferred subjective rights or other similar benefits)
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27
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2013/C 046/50
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Case F-1/11: Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Soukup v Commission (Civil service — Open competition — Non-inclusion on the reserve list — Evaluation of the oral test)
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27
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2013/C 046/51
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Joined Cases F-7/11 and F-60/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — AX v ECB (Civil service — ECB Staff — Disciplinary proceedings — Suspension of a staff member without reduction of his basic salary — Withdrawal of a decision — Rights of the defence — Access to the file — Statement of reasons — Reasons for a decision — Allegation of breach of professional duties — Serious misconduct)
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27
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2013/C 046/52
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Case F-10/11: Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Ghiba v Commission (Civil service — Internal competition — Non-admission to participate in a competition — Eligibility conditions — Concept of services attached to the Commission)
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28
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2013/C 046/53
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Case F-29/11: Judgment of the Civil Service Tribunal (First Chamber) of 5 December 2012 — BA v Commission (Civil service — Open competition — Competition notice EPSO/AD/147/09 — Creation of a reserve list for the recruitment of administrators having Romanian citizenship — In-depth knowledge of the official language of Romania — Hungarian language minority in Romania — Not admitted to the oral test — Principles of equal treatment and non-discrimination — Scope)
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28
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2013/C 046/54
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Case F-42/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Honnefelder v Commission (Civil service — Open competition — Annulment of the decision of a selection board — Implementation of a judgment — Principle of legality — Plea of illegality against a decision to reopen the procedure for an open competition)
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28
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2013/C 046/55
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Case F-54/11: Judgment of the Civil Service Tribunal (Second Chamber) of 17 July 2012 — BG v European Ombudsman (Civil service — Disciplinary measure — Disciplinary sanction — Removal from post — Existence of a preliminary investigation before the national criminal courts at the time of adoption of the decision to remove the applicant from her post — Equal treatment for men and women — Prohibition of the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave)
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29
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2013/C 046/56
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Case F-57/11: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Eklund v Commission (Civil service — Recruitment — Open competition — Inclusion on the reserve list — Offer of employment made to a person on a reserve list — Conditions of admission — Professional experience acquired after graduation — Respective powers of the selection board and the Appointing Authority — Acceptance of the offer of employment — Withdrawal of the offer of employment)
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29
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2013/C 046/57
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Case F-79/11: Judgment of the Civil Service Tribunal (Second Chamber) of 20 June 2012 — Menidiatis v Commission (Civil Service — Officials — Recruitment — Rejection of application — Implementation of the judgment annulling the decision — Reasonable time — Individual implementing measures — Loss of opportunity)
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30
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2013/C 046/58
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Case F-97/11: Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Vienne v Parliament (Civil service — Financial rules — Family allowances — Household allowance — End of entitlement to household allowance — Dissolution of marriage)
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30
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2013/C 046/59
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Case F-101/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Mileva v Commission (Civil service — Open competition — Notice of competition EPSO/AD/188/10 — Non-inclusion on the reserve list — Composition of the selection board — Permanent and non-permanent members)
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30
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2013/C 046/60
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Case F-107/11: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Ntouvas v ECDC (Civil service — Contract staff — 2010 appraisal procedure — Application for annulment of the appraisal report)
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31
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2013/C 046/61
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Case F-61/11: Order of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Possanzini v Frontex (Civil service — Temporary staff — Procedure relating to the renewal of a temporary staff contract — Communication to the staff member of the negative opinion of the reporting officer as regards renewal — Act adversely affecting an official — None — Application for annulment of unfavourable comments on performance in annual appraisal reports — Action manifestly inadmissible)
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31
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2013/C 046/62
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Case F-122/11: Order of the Civil Service Tribunal (Second Chamber) of 23 November 2012 — Vacarescu v Commission (Civil service — Lateness — Manifest inadmissibility)
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31
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2013/C 046/63
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Case F-45/12: Order of the Civil Service Tribunal (First Chamber) of 3 December 2012 — BT v Commission (Civil service — Contract staff — Non-renewal of the contract — Insufficient grounds stated for the action — Action manifestly inadmissible)
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32
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2013/C 046/64
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Case F-50/12: Order of the Civil Service Tribunal (Second Chamber) of 16 November 2012 — Ciora v Commission (Civil Service — Notice of competition EPSO/AD/198/10 — Non-admission to the competition — Action — Failure to comply with the pre-litigation procedure — Manifest inadmissibility)
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32
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2013/C 046/65
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Case F-109/12: Order of the Civil Service Tribunal (Second Chamber) of 5 December 2012 — Scheidemann v Parliament (Civil service — Officials — Interinstitutional transfer during the promotion exercise during which the civil servant was eligible for promotion in her institution of origin — Application to benefit from a retroactive promotion — Specific rejection decision which took effect after the implicit decision — Time-limit for lodging a complaint — Out of time — Out of time)
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32
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2013/C 046/66
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Case F-117/12: Order of the Civil Service Tribunal (First Chamber) of 12 December 2012 — AD v Commission (Civil service — Lateness — Manifest inadmissibility)
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32
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2013/C 046/67
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Case F-37/11: Order of the Civil Service Tribunal of 5 September 2012 — Skovbjerg v Commission
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33
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2013/C 046/68
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Case F-49/11: Order of the Civil Service Tribunal of 8 March 2012 — BE v Commission
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33
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2013/C 046/69
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Case F-55/11: Order of the Civil Service Tribunal of 12 December 2012 — Chatzidoukakis v Commission
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33
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2013/C 046/70
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Case F-64/11: Order of the European Union Civil Service Tribunal of 20 June 2012 — Westeren v Commission
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33
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2013/C 046/71
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Case F-11/12: Order of the Civil Service Tribunal of 26 June 2012 — Ciora v Commission
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33
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2013/C 046/72
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Case F-80/12: Order of the Civil Service Tribunal of 3 December 2012 — de Bruin v EIT
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33
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2013/C 046/73
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Case F-106/12: Order of the Civil Service Tribunal of 12 December 2012 — Goddijn v Europol
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33
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