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Document C:2003:264:TOC
Official Journal of the European Union, C 264, 01 November 2003
Official Journal of the European Union, C 264, 01 November 2003
Official Journal of the European Union, C 264, 01 November 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 264 Volume 46 1 November 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 264/01 | Judgment of the Court (Sixth Chamber) of 11 September 2003 in Case C-197/99 P: Kingdom of Belgium v Commission of the European Communities (Appeal — ECSC Treaty — State aid — Fifth Steel Aid Code — Commission Decision 97/271/ECSC prohibiting certain financial assistance to a steel undertaking — Article 33 of the ECSC Treaty — Infringement) | 1 | |
| 2003/C 264/02 | Judgment of the Court of 9 September 2003 in Case C-137/00 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Crown Office): The Queen v The Competition Commission, formerly The Monopolies and Mergers Commission, Secretary of State for Trade and Industry, The Director General of Fair Trading, ex parte: Milk Marque Ltd, National Farmers' Union, third party: Dairy Industry Federation (DIF) (Common agricultural policy — Articles 32 EC to 38 EC — Regulation (EEC) No 804/68 — Common organisation of the market in milk and milk products — Target price for milk — Regulation No 26 — Application of certain competition rules to the production of and trade in agricultural products — Whether Member States may apply national competition rules to milk producers who choose to organise themselves into cooperatives and hold market power) | 2 | |
| 2003/C 264/03 | Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-331/00: Hellenic Republic v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996, 1997 and 1998 — Arable crops — Beef — Aid for early retirement) | 3 | |
| 2003/C 264/04 | Judgment of the Court (Sixth Chamber) of 18 September 2003 in Case C-338/00 P: Volkswagen AG (Appeal — Competition — Distribution of motor vehicles — Partitioning of the market — Article 85 of the EC Treaty (now Article 81 EC) — Regulation (EEC) No 123/85 — Whether the infringement can be attributed to the undertaking concerned — Right to a fair hearing — Duty to state reasons — Legal consequences of disclosure to the press — Effect of propriety of the notification on the calculation of the fine — Cross-appeal) | 3 | |
| 2003/C 264/05 | Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-346/00: United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996 and 1997 — Arable crops) | 4 | |
| 2003/C 264/06 | Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-416/00 (Reference for a preliminary ruling from the Tribunale Civile di Padova): Tommaso Morellato v Comune di Padova (Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC — Selling arrangements — National legislation requiring prior packaging and specific labelling for the marketing of deep-frozen bread lawfully produced in a Member State and placed on the market in another Member State after further baking) | 4 | |
| 2003/C 264/07 | Judgment of the Court of 11 September 2003 in Case C-445/00: Republic of Austria v Council of the European Union (System of ecopoints for heavy goods vehicles transiting through Austria — Amendment by Regulation (EC) No 2012/2000 — Illegality) | 5 | |
| 2003/C 264/08 | Judgment of the Court (Third Chamber) of 11 September 2003 in Case C-6/01 (Reference for a preliminary ruling from the Tribunal Cível da Comarca de Lisboa): Associação Nacional de Operadores de Máquinas Recreativas (Anomar) and Others v Estado português (Freedom to provide services — Operation of games of chance or gambling — Gaming machines) | 5 | |
| 2003/C 264/09 | Judgment of the Court (Sixth Chamber) of 11 September 2003 in Case C-13/01 (Reference for a preliminary ruling from the Giudice di pace di Genova): Safalero Srl v Prefetto di Genova (Directive 1999/5/EC — Radio equipment and telecommunications terminal equipment — Effective judicial protection of rights conferred by the Community legal order — Permissibility of administrative penalties under national legislation — Application to set aside a seizure measure against a third party) | 6 | |
| 2003/C 264/10 | Judgment of the Court (Sixth Chamber) of 11 September 2003 in Case C-114/01 (Reference for a preliminary ruling from the Korkein hallinto-oikeus): AvestaPolarit Chrome Oy, formerly Outokumpu Chrome Oy (Approximation of laws — Directives 75/442/EEC and 91/156/EEC — Meaning of "waste" — Production residue — Mine — Use — Storage — Article 2(1)(b) — Meaning of "other legislation" — National legislation outside the framework of Directives 75/442/EEC and 91/156/EEC) | 7 | |
| 2003/C 264/11 | Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-125/01 (Reference for a preliminary ruling from the Sozialgericht Leipzig): Peter Pflücke v Bundesanstalt für Arbeit (Protection of workers — Insolvency of the employer — Guarantee of payment of outstanding salary — National provision laying down a two-month time-limit for lodging applications for payment and providing for an extension of that time-limit) | 7 | |
| 2003/C 264/12 | Judgment of the Court (First Chamber) of 11 September 2003 in Case C-155/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Cookies World Vertriebsgesellschaft mbH iL v Finanzlandesdirektion für Tirol (Sixth VAT Directive — Motor vehicle made available under a leasing contract — Taxable transactions — Own consumption — Article 17(6) and (7) — Exclusions provided for under national law at the date of entry into force of the directive) | 8 | |
| 2003/C 264/13 | Judgment of the Court (Fifth Chamber) of 18 September 2003 in Case C-168/01 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden): Bosal Holding BV v Staatssecretaris van Financiën (Freedom of establishment — Taxation — Taxes on company profits — Limitation of the deductibility in one Member State of costs connected with holdings of a parent company in its subsidiaries established in other Member States — Coherence of the tax system) | 8 | |
| 2003/C 264/14 | Judgment of the Court of 9 September 2003 in Case C-198/01 (Reference for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio): Consorzio Industrie Fiammiferi (CIF) v Autorità Garante della Concorrenza e del Mercato (Competition law — National legislation anti-competitive — National competition authority's power to declare such legislation inapplicable — Circumstances in which undertakings not answerable for anti-competitive conduct) | 9 | |
| 2003/C 264/15 | Judgment of the Court (Sixth Chamber) of 11 September 2003 in Case C-207/01 (Reference for a preliminary ruling from the Corte d'appello di Firenze): Altair Chimica SpA v ENEL Distribuzione SpA (Competition — Dominant position — Supply of electricity — Imposition of a "sovrapprezzo") | 9 | |
| 2003/C 264/16 | Judgment of the Court (Fifth Chamber) of 11 September 2003 in Case C-211/01: Commission of the European Communities v Council of the European Union (EC/Bulgaria and EC/Hungary Agreements — Carriage of goods by road and combined transport — Taxation — Legal basis — Articles 71 EC and 93 EC) | 10 | |
| 2003/C 264/17 | Judgment of the Court of 9 September 2003 in Case C-236/01 (Reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio): Monsanto Agricoltura Italia SpA and Others v Presidenza del Consiglio dei Ministri and Others (Regulation (EC) No 258/97 — Novel foods — Placing on the market — Safety assessment — Simplified procedure — Substantial equivalence to existing foods — Foods produced from genetically modified maize — Presence of residues of transgenic protein — Measure by a Member State temporarily restricting or suspending the trade in or use of a novel food in its territory) | 10 | |
| 2003/C 264/18 | Judgment of the Court of 9 September 2003 in Case C-285/01 (Reference for a preliminary ruling from the Cour administrative d'appel de Douai): Isabel Burbaud v Ministère de l'Emploi et de la Solidarité (Recognition of diplomas — Hospital managers in the public service — Directive 89/48/EEC — Definition of "diploma" — Entrance examination — Article 48 of the EC Treaty (now, after amendment, Article 39 EC)) | 11 | |
| 2003/C 264/19 | Judgment of the Court (Fifth Chamber) of 18 September 2003 In Joined Cases C-292/01 and C-293/01 (Reference for a preliminary ruling from the Consiglio di Stato): Albacom SpA (C-292/01), Infostrada SpA (C-293/01) v Ministero del Tesoro, del Bilancio e della Programmazione Economica, Ministero delle Comunicazioni (Telecommunications services — General authorisations and individual licences — Directive 97/13/EC — Fees and charges for individual licences) | 12 | |
| 2003/C 264/20 | Judgment of the Court (First Chamber) of 11 September 2003 in Case C-331/01: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — Additional payments granted to producers of bovine animals in 1996 — Time-limits for notification of results of checks) | 12 | |
| 2003/C 264/21 | Judgment of the Court of 9 September 2003 in Case C-361/01 P: Christina Kik v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Regulation (EC) No 40/94 — Article 115 — Rules in force governing languages at the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) — Plea of illegality — Principle of non-discrimination) | 13 | |
| 2003/C 264/22 | Judgment of the Court (Second Chamber) of 11 September 2003 in Case C-22/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Failure to implement Directive 1999/94/EC) | 13 | |
| 2003/C 264/23 | Judgment of the Court of 9 September 2003 in Case C-25/02 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Katharina Rinke v Ärztekammer Hamburg (Equal treatment for men and women — Directives 86/457/EEC and 93/16/EEC — Obligation to undertake certain periods of full-time training during part-time training in general medical practice) | 14 | |
| 2003/C 264/24 | Judgment of the Court of 9 September 2003 in Case C-151/02 (Reference for a preliminary ruling from the Landesarbeitsgericht Schleswig-Holstein): Landeshauptstadt Kiel v Norbert Jaeger (Social policy — Protection of the safety and health of workers — Directive 93/104/EC — Concepts of "working time" and "rest period" — On-call service ("Bereitschaftsdienst") provided by doctors in hospitals) | 14 | |
| 2003/C 264/25 | Case C-338/03: Reference for a preliminary ruling by the Tribunale Civile e Penale di Perugia — Ufficio per le indagini preliminari — by order of that Court of 12 June 2003 in the case against Alessandrello Rosario and Others | 15 | |
| 2003/C 264/26 | Case C-346/03: Reference for a preliminary ruling by the Tribunale di Cagliari — Sezione Civile — by order of that Court of 29 April 2003 in the case of Giuseppe Atzeni and Others against Regione Autonoma della Sardegna | 16 | |
| 2003/C 264/27 | Case C-347/03: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale del Lazio — Sezione Seconda ter — by order of that Court of 9 June 2003 in the case of Regione Autonoma Friuli Venezia Giulia and Agenzia Regionale per lo Sviluppo Rurale (ERSA) against Ministero per le Politiche Agricole e Forestali and Regione Veneto | 17 | |
| 2003/C 264/28 | Case C-350/03: Reference for a preliminary ruling by the Landgericht Bochum by order of that Court of 29 July 2003 in the proceedings between 1. Mrs Elisabeth Schulte, 2. Mr Wolfgang Schulte and Deutsche Bausparkasse Badenia AG | 18 | |
| 2003/C 264/29 | Case C-356/03: Reference for a preliminary ruling by the Bundesgerichtshof by order of that Court of 9 July 2003 in the case of Dr Elisabeth Mayer against Versorgungsanstalt des Bundes und der Länder | 18 | |
| 2003/C 264/30 | Case C-357/03: Action brought on 19 August 2003 by the Commission of the European Communities against the Republic of Austria | 19 | |
| 2003/C 264/31 | Case C-358/03: Action brought on 19 August 2003 by the Commission of the European Communities against the Republic of Austria | 19 | |
| 2003/C 264/32 | Case C-359/03: Action brought on 19 August 2003 by the Commission of the European Communities against the Republic of Austria | 20 | |
| 2003/C 264/33 | Case C-360/03: Action brought on 19 August 2003 by the Commission of the European Communities against the Republic of Austria | 20 | |
| 2003/C 264/34 | Case C-362/03: Action brought on 21 August 2003 by the Commission of the European Communities against the Republic of Austria | 21 | |
| 2003/C 264/35 | Case C-363/03: Action brought on 21 August 2003 by the Commission of the European Communities against the Republic of Austria | 21 | |
| 2003/C 264/36 | Case C-377/03: Action brought on 9 September 2003 by the Commission of the European Communities against the Kingdom of Belgium | 21 | |
| 2003/C 264/37 | Case C-378/03: Action brought on 9 September 2003 by the Commission of the European Communities against the Kingdom of Belgium | 22 | |
| 2003/C 264/38 | Case C-381/03: Action brought on 10 September 2003 by the Commission of the European Communities against the Italian Republic | 23 | |
| 2003/C 264/39 | Case C-384/03: Action brought on 12 September 2003 by the Commission of the European Communities against the Kingdom of Spain | 23 | |
| 2003/C 264/40 | Case C-386/03: Action brought on 12 September 2003 by the Commission of the European Communities against the Federal Republic of Germany | 23 | |
| 2003/C 264/41 | Case C-387/03: Action brought on 15 September 2003 by the Hellenic Republic against the Commission of the European Communities | 24 | |
| 2003/C 264/42 | Case C-392/03: Action brought on 16 September 2003 by the Commission of the European Communities against the Italian Republic | 24 | |
| 2003/C 264/43 | Case C-393/03: Action brought on 18 September 2003 by the Republic of Austria against the Commission of the European Communities | 25 | |
| 2003/C 264/44 | Case C-395/03: Action brought on 19 September 2003 by the Commission of the European Communities against the Kingdom of the Netherlands | 26 | |
| 2003/C 264/45 | Removal from the register of Case C-214/02 | 26 | |
| 2003/C 264/46 | Removal from the register of Case C-219/02 | 26 | |
| 2003/C 264/47 | Removal from the register of Joined Cases C-242/02 and C-243/02 | 26 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 264/48 | Case T-243/03: Action brought on 27 June 2003 by Guardant, Inc. against the Office for Harmonisation in the Internal Market | 27 | |
| 2003/C 264/49 | Case T-259/03: Action brought on 21 July 2003 by "Z" against the Commission of the European Communities | 27 | |
| 2003/C 264/50 | Case T-261/03: Action brought on 18 July 2003 by Euro Style '94 S.r.l. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 28 | |
| 2003/C 264/51 | Case T-271/03: Action brought on 30 July 2003 by Deutsche Telekom AG against the Commission of the European Communities | 29 | |
| 2003/C 264/52 | Case T-274/03: Action brought on 4 August 2003 by Focus Magazin Verlag GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 30 | |
| 2003/C 264/53 | Case T-277/03: Action brought on 23 July 2003 by Dionisia Elefteriadi against the Commission of the European Communities | 30 | |
| 2003/C 264/54 | Case T-278/03: Action brought on 8 August 2003 by Van Mannekus & Co. B.V. against the Council of the European Union | 31 | |
| 2003/C 264/55 | Case T-289/03: Action brought on 19 August 2003 by British United Provident Association Limited, BUPA Insurance Limited and BUPA Ireland Limited against Commission of the European Communities | 32 | |
| 2003/C 264/56 | Case T-290/03: Action brought on 18 August 2003 by Georgios Pantoulis against the Commission of the European Communities | 33 | |
| 2003/C 264/57 | Case T-292/03: Action brought on 20 August 2003 by Messe Berlin GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 33 | |
| 2003/C 264/58 | Case T-295/03: Action brought on 29 August 2003 by Poli Sud s.r.l. against the Commission of the European Communities | 34 | |
| 2003/C 264/59 | Case T-296/03: Action brought on 29 August 2003 by Proteco s.r.l. against the Commission of the European Communities | 34 | |
| 2003/C 264/60 | Case T-297/03: Action brought on 29 August 2003 by Tomasetto Achille s.a.s. di Tomasetto Andrea & C. against the Commission of the European Communities | 34 | |
| 2003/C 264/61 | Case T-298/03: Action brought on 29 August 2003 by Lavorazione Cuoio e Pelli Bieffe s.r.l. against the Commission of the European Communities | 35 | |
| 2003/C 264/62 | Case T-299/03: Action brought on 29 August 2003 by Nuova Fa.U.Di. s.r.l. against the Commission of the European Communities | 35 | |
| 2003/C 264/63 | Case T-300/03: Action brought on 29 August 2003 by Moser Baer India Limited against the Council of the European Union | 35 | |
| 2003/C 264/64 | Case T-302/03: Action brought on 4 September 2003 by PTV Planung Transport Verkehr AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 36 | |
| 2003/C 264/65 | Case T-304/03: Action brought on 8 September 2003 by Bayer AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 37 | |
| 2003/C 264/66 | Case T-307/03: Action brought on 4 September 2003 by WHG Westdeutsche Handelsgesellschaft mbH against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) | 37 | |
| 2003/C 264/67 | Case T-308/03: Action brought on 8 September 2003 by Valérie Wiame against the Commission of the European Communities | 38 | |
| 2003/C 264/68 | Case T-312/03: Action brought on 12 September 2003 by Wassen International Limited against the Office for Harmonisation in the Internal Market | 39 | |
| 2003/C 264/69 | Removal from the register of Case T-250/99 | 39 | |
| 2003/C 264/70 | Removal from the register of Case T-288/99 | 40 | |
| 2003/C 264/71 | Removal from the register of Case T-318/99 | 40 | |
| 2003/C 264/72 | Removal from the register of Case T-111/03 | 40 | |
| 2003/C 264/73 | Removal from the register of Case T-249/03 R | 40 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 264/74 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 251, 18.10.2003 | 41 | |
| Official Journal of the European Communities C 251 | |||
| EN | |||