ISSN 1725-2423

Official Journal

of the European Union

C 93

English edition

Information and Notices

Volume 48
16 April 2005

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 093/1

Judgment of the Court (Grand Chamber) of 22 February 2005 in Case C-141/02 P: Commission of the European Communities v T-Mobile Austria GmbH (Appeal — Article 90(3) of the EC Treaty (now Article 86(3) EC) — Amount of the fees imposed by the Republic of Austria on operators of GSM networks — Partial rejection of the complaint — Admissibility)

1

2005/C 093/2

Judgment of the Court (Second Chamber) of 17 February 2005 in Joined Cases C-453/02 and C-462/02: (references for a preliminary ruling from the Bundesfinanzhof) Finanzamt Gladbeck v Edith Linneweber and Finanzamt Herne-West v Savvas Akritidis (Sixth VAT Directive — Exemption for games of chance — Determination of the conditions and limitations to which the exemption is subject — Liability of games organised outside public casinos — Respect for the principle of fiscal neutrality — Article 13B( f) — Direct effect)

1

2005/C 093/3

Judgment of the Court (Third Chamber) of 17 February 2005 in Case C-134/03: (reference for a preliminary ruling from the Giudice di pace di Genova-Voltri) Viacom Outdoor Srl v Giotto Immobilier SARL (Freedom to provide services — Competition — Bill-posting services — Domestic legislation imposing a municipal tax on advertising — Supply by municipalities of a public bill-posting service — Power of the municipalities to regulate the supply of bill-posting services — Internal taxation not discriminatory)

2

2005/C 093/4

Judgment of the Court (Fifth Chamber) of 24 February 2005 in Case C-320/04 Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2000/43/EC — Failure to transpose within the prescribed period)

2

2005/C 093/5

Judgment of the Court (Fifth Chamber) of 24 February 2005 in Case C-327/04: Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Directive 2000/43/EC — Failure to transpose within the prescribed period)

3

2005/C 093/6

Order of the Court (Second Chamber) of 1 December 2004 in Case C-498/01 P: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v Zapf Creation AG (Appeal — Community trade mark — Regulation (EC) No 40/94 — Absolute grounds for refusal of registration — Article 7(1)(b) and (c) — ‘New Born Baby’ — No need to give judgment)

3

2005/C 093/7

Order of the Court (Fifth Chamber) of 16 December 2004 in Case C-222/03 P Associazione Produttori Olivicoli Laziali (APOL) Associazione Italiana Produttori Olivicoli (AIPO) v Commission of the European Communities (Appeal — EAGGF — Improvement of the conditions under which agricultural products are processed and marketed — Plan to build a centre for the storage, packaging and marketing of olive oil — Principle of proportionality — Force majeure — Rights of the defence)

4

2005/C 093/8

Case C-12/05 P: Appeal brought on 18 January 2005 by H. Meister against the judgment delivered on 28 October 2004 by the Court of First Instance of the European Communities (Third Chamber) in Case T-76/03 between H. Meister and Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

4

2005/C 093/9

Case C-18/05: Reference for a preliminary ruling from the Commissione Tributaria Provinciale di Napoli by order of that court of 15 July 2004 in Salus S.p.A v Agenzia Entrate Ufficio Napoli 4

5

2005/C 093/10

Case C-19/05: Action brought on 20 January 2005 by the Commission of the European Communities against the Kingdom of Denmark

5

2005/C 093/11

Case C-20/05: Reference for a preliminary ruling from the Tribunale Civile e Penale di Forlì by order of that court of 14 December 2004 in the criminal proceedings against K.J.W. Schwibbert

6

2005/C 093/12

Case C-28/05: Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Administrative Court for Trade and Industry) by order of that court of 18 January 2005 in G.J. Dokter, Maatschap Van den Top and W. Boekhout v Minister van Landbouw, Natuur en Voedselkwaliteit

6

2005/C 093/13

Case C-34/05: Reference for a preliminary ruling from the College van Beroep voor het Bedrijfsleven by decision of that court of 26 January 2005 in the case of Maatschap J. and G.P. and A.C. Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit

7

2005/C 093/14

Case C-35/05: Reference for a preliminary ruling from the Corte Suprema di Cassazione by order of that court of 23 June 2004 and 10 November 2004, received at the Court Registry on 31 January 2005, in the case of Reemtsma Cigarettenfabriken Gmbh against Ministero delle Finanze

8

2005/C 093/15

Case C-40/05: Reference for a preliminary ruling from the Överklagandenämnden för högskolan by decision of that court of 1 February 2005 in Kaj Lyyski v Umeå universitet

8

2005/C 093/16

Case C-41/05: Reference for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) by judgment of that court of 24 January 2005 in Air Liquide Industries Belgium SA v Province de Liège

9

2005/C 093/17

Case C-42/05: Reference for a preliminary ruling from the Cour de cassation de Belgique (Court of Cassation, Belgium) (First Chamber), by order of that court of 20 January 2005, in the case of the Belgian State v Ring Occasions and Fortis Banque

9

2005/C 093/18

Case C-45/05: Reference for a preliminary ruling from the College van Beroep voor het Bedrijsleven by order of that court of 2 February 2005 in Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit

10

2005/C 093/19

Case C-46/05: Action brought on 7 February 2005 by the Commission of the European Communities against Ireland

10

2005/C 093/20

Case C-50/05: Reference for a preliminary ruling from the Korkein Hallinto-oikeus by decision of that court of 4 February 2005 in the case of Maija Terttu Inkeri Nikula

11

2005/C 093/21

Case C-54/05: Action brought on 9 February 2005 by the Commission of the European Communities against the Republic of Finland

11

2005/C 093/22

Case C-56/05: Action brought on 9 February 2005 by the Commission of the European Communities against the Hellenic Republic

12

2005/C 093/23

Case C-58/05: Action brought on 10 February 2005 by the Commission of the European Communities against the Kingdom of Sweden

13

2005/C 093/24

Case C-60/05: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia by order of that court of 14 December 2004 in WWF Italia and Others v Regione di Lombardia and with the intervention of the Associazione migratoristi italiani

13

2005/C 093/25

Case C-66/05: Action brought on 14 February 2005 by the Commission of the European Communities against the Kingdom of the Netherlands

14

2005/C 093/26

Case C-72/05: Reference for a preliminary ruling from the Finanzgericht München by order of that court of 1 February 2005 in Household of Jörg and Stefanie Wollny v Finanzgericht Landshut

14

2005/C 093/27

Case C-76/05: Reference for a preliminary ruling from the Finanzgericht Köln by order of that court of 27 January 2005 in Herbert Schwarz and Marga Gootjes-Schwarz v Finanzamt Bergisch Gladbach

15

2005/C 093/28

Case C-78/05: Reference for a preliminary ruling from the Tribunale di Livorno by order of that court of 22 December 2004 in Gentilini unberto v Dal Colle Industria Dolciaria S.p.A.

15

2005/C 093/29

Case C-79/05: Action brought on 17 February 2005 by the Commission of the European Communities against the Italian Republic

16

2005/C 093/30

Case C-81/05: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León, Sala de lo Social, by order of that court of 28 January 2005 in Anacleto Cordero Alonso v Fondo de Garantía Salarial

16

2005/C 093/31

Case C-82/05: Action brought on 17 February 2005 by the Commission of the European Communities against the Hellenic Republic

17

2005/C 093/32

Case C-84/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic

18

2005/C 093/33

Case C-85/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic

18

2005/C 093/34

Case C-86/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic

19

2005/C 093/35

Case C-87/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic

19

2005/C 093/36

Case C-88/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Republic of Finland

19

2005/C 093/37

Case C-94/05: Reference for a preliminary ruling from the Bundesverwaltungsgericht by judgment of that court of 9 December 2004 in Emsland-Stärke GmbH v Bezirksregierung Weser-Ems

20

2005/C 093/38

Case C-95/05: Action brought on 21 February 2005 by the Commission of the European Communities against the Hellenic Republic

21

2005/C 093/39

Case C-96/05: Action brought on 21 February 2005 by the Commission of the European Communities against the Hellenic Republic

21

2005/C 093/40

Case C-99/05: Action brought on 24 February 2005 by the Commission of the European Communities against the Republic of Finland

21

2005/C 093/41

Case C-105/05: Action brought on 3 March 2005 by the Commission of the European Communities against the Republic of Finland

22

2005/C 093/42

Case C-107/05: Action brought on 3 March 2005 by the Commission of the European Communities against the Republic of Finland

22

2005/C 093/43

Removal from the register of Case C-165/02

23

2005/C 093/44

Removal from the register of Case C-272/02

23

2005/C 093/45

Removal from the register of Case C-501/03

23

2005/C 093/46

Removal from the register of Case C-100/04

23

COURT OF FIRST INSTANCE

2005/C 093/47

Judgment of the Court of First Instance of 3 February 2005 in Case T-19/01 Chiquita Brands International, Inc., and Others v Commission of the European Communities (Common organisation of the markets — Bananas — Action for compensation — Regulation No 2362/98 — Agreement establishing the WTO and annexed agreements — Recommendations and rulings of the dispute settlement body of the WTO)

24

2005/C 093/48

Judgment of the Court of First Instance of 3 February 2005 in Case T-139/01 Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co v Commission of the European Communities (Common organisation of the markets — Bananas — Imports from ACP States and third countries — Regulation (EC) No 896/2001 — Regulation (EC) No 1121/2001 — Action for annulment — Admissibility — Person individually concerned — Action for damages)

24

2005/C 093/49

Judgment of the Court of First Instance of 15 February 2005 in Case T-256/01 Norman Pyres v Commission of the European Communities (Officials — Selection procedure for the recruitment of temporary agents — Non-admission to the tests — Age limit — Principle of non-discrimination)

25

2005/C 093/50

Judgment of the Court of First Instance of 15 February 2005 in Case T-169/02 Cervecería Modelo, SA de CV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a bottle of beer including the verbal element ‘negra modelo’ — Earlier national figurative mark Modelo — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

25

2005/C 093/51

Judgment of the Court of First Instance of 15 February 2005 in Case T-296/02 Lidl Stiftung & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Likelihood of confusion — Application for Community word mark LINDENHOF — Earlier word and figurative mark LINDERHOF — Article 8(1)(b) of Regulation (EC) No 40/94)

26

2005/C 093/52

Judgment of the Court of First Instance of 1 February 2005 in Case T-57/03 Société provençale d'achat et de gestion (SPAG) SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community mark — Opposition proceedings — Application for Community word mark HOOLIGAN — Earlier word marks OLLY GAN — Matters of fact or of law outside OHIM's jurisdiction — Admissibility — Likelihood of confusion)

26

2005/C 093/53

Judgment of the Court of First Instance of 3 February 2005 in Case T-137/03 Ornella Mancini v Commission of the European Communities (Officials — Post of medical officer — Amendment to the vacancy notice — Misuse of powers — Composition of the Selection Board — Comparative examination of merits — Manifest error of assessment — Equal treatment for men and women — Action for damages)

27

2005/C 093/54

Judgment of the Court of First Instance of 3 February 2005 in Case T-172/03 Nicole Heurtaux v Commission of the European Communities (Officials — Refusal of promotion — Absence of statement of reasons — Comparative examination of merits — Action for annulment)

27

2005/C 093/55

Judgment of the Court of First Instance of 16 February 2005 in Case T-284/03 Rosalinda Aycinena v the Commission of the European Communities (Officials — Appointment to higher grade in career — Classification in step)

27

2005/C 093/56

Judgment of the Court of First Instance of 16 February 2005 in Case T-354/03 Gemma Reggimenti v European Parliament (Officials — Reimbursement of dependent child's travel expenses — Division if two married officials divorce)

28

2005/C 093/57

Order of the President of the Court of First Instance of 31 January 2005 in Case T-447/04 R Capgemini Nederland BV v Commission of the European Communities (Public contracts for services — Community tendering procedure — Interim proceedings — Prima facie case — Urgency)

28

2005/C 093/58

Case T-496/04: Action brought on 23 December 2004 by NORTRAIL Transport GmbH against the Commission of the European Communities

29

2005/C 093/59

Case T-11/05: Action brought on 18 January 2005 by Wieland Werke AG, Buntmetall Amstetten Ges.m.b.H. and Austria Buntmetall AG against the Commission of the European Communities

29

2005/C 093/60

Case T-31/05: Action brought on 25 January 2005 by Sergio Rossi S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

30

2005/C 093/61

Case T-34/05: Action brought on 31 January 2005 by Bayer CropScience AG, Makhteshim Agan Holding BV, Alfa Agricultural Supplies S.A. and Aragonesas Agro S.A. against the Commission of the European Communities

31

2005/C 093/62

Case T-36/05: Action brought on 31 January 2005 by Coats Holdings Limited and J & P Coats Limited against the Commission of the European Communities

32

2005/C 093/63

Case T-40/05: Action brought on 28 January 2005 by Ritec International Limited against the Commission of the European Communities

33

2005/C 093/64

Case T-41/05: Action brought on 28 January 2005 by Dimon Incorporated against the Commission of the European Communities

33

2005/C 093/65

Case T-42/05: Action brought on 31 January 2005 by Rhiannon Williams against the Commission of the European Communities

34

2005/C 093/66

Case T-45/05: Action brought on 31 January 2005 by Micronas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

35

2005/C 093/67

Case T-47/05: Action brought on 31 January 2005 by Pila Ange Serrano and Others against European Parliament

36

2005/C 093/68

Case C-48/05: Action brought on 28 January 2005 by Yves Franchet and Daniel Byk against the Commission of the European Communities

36

2005/C 093/69

Case T-55/05: Action brought on 31 January 2005 by Rijn Schelde Mondia France against the Commission of the European Communities

37

2005/C 093/70

Case T-58/05: Action brought on 3 February 2005 by Isabel Clara Centeno Mediavilla and Others against Commission of the European Communities

38

2005/C 093/71

Case T-60/05: Action brought on 2 February 2005 by Union française de l'express (UFEX) and Others against the Commission of the European Communities

39

2005/C 093/72

Case T-76/05: Action brought on 18 February 2005 by Dario Scotto against the Commission of the European Communities

40

2005/C 093/73

Case T-77/05: Action brought on 19 February 2005 by Andrea Balduini against the Commission of the European Communities

40

2005/C 093/74

Case T-82/05: Action brought on 17 February 2005 by the Italian Republic against the Commission of the European Communities

41

III   Notices

2005/C 093/75

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 82, 2.4.2005

42

EN