ISSN 1725-2423

Official Journal

of the European Union

C 86

English edition

Information and Notices

Volume 49
8 April 2006

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2006/C 086/1

Judgment of the Court (Grand Chamber) of 25 October 2005 in Joined Cases C-465/02 and C-466/02: Federal Republic of Germany and Kingdom of Denmark v Commission of the European Communities (Agriculture — Geographical indications and designations of origin for agricultural products and foodstuffs — The name ‘feta’ — Regulation (EC) No 1829/2002 — Validity)

1

2006/C 086/2

Judgment of the Court (Third Chamber) of 27 October 2005 in Case C-234/03: Reference for a preliminary ruling from the Audiencia Nacional in Contse SA and Others v Instituto Nacional de Gestión Sanitaria (Ingesa), formerly Instituto Nacional de la Salud (Insalud) (Freedom of establishment — Freedom to provide services — Directive 92/50/EEC — Public service contracts — Principle of non-discrimination — Health services of home respiratory treatments — Admission condition — Evaluation criteria)

1

2006/C 086/3

Judgment of the Court (Third Chamber) of 9 February 2006 in Case C-305/03 Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Sixth VAT Directive — Articles 2(1), 5(4)(c), 12(3), and 16(1) — Transaction within the territory of the country — Sale by auction of works of art imported under the arrangements for temporary importation — Auctioneers' commission)

2

2006/C 086/4

Judgment of the Court (Grand Chamber) of 25 October 2005 in Case C-350/03: Reference for a preliminary ruling from the Landgericht Bochum, Germany in Elisabeth Schulte, Wolfgang Schulte v Deutsche Bausparkasse Badenia AG (Consumer protection — Doorstep selling — Purchase of immovable property — Investment financed by a secured loan — Right of cancellation — Effects of cancellation)

2

2006/C 086/5

Judgment of the Court (Grand Chamber) of 31 January 2006 in Case C-503/03 Commission of the European Communities v Kingdom of Spain (Freedom of movement for persons — Directive 64/221/EEC — National of a third country who is the spouse of a national of a Member State — Right of entry and residence — Restriction imposed on grounds of public policy — Schengen Information System — Alert issued for the purposes of refusing entry)

3

2006/C 086/6

Judgment of the Court (First Chamber) of 26 January 2006 in Case C-514/03 Commission of the European Communities v Kingdom of Spain (Failure to fulfil obligations — Articles 43 EC and 49 EC — Restrictions on the freedom of establishment and the freedom to provide services — Private security undertakings and services — Conditions — Legal personality — Minimum share capital — Security — Minimum number of staff — Directives 89/48/EEC and 92/51/EEC — Recognition of professional qualifications)

4

2006/C 086/7

Judgment of the Court (Second Chamber) of 26 January 2006 in Case C-533/03 Commission of the European Communities v Council of the European Union (Regulation (EC) No 1798/2003 — Directive 2003/93/EC — Choice of legal basis)

4

2006/C 086/8

Judgment of the Court (Second Chamber) of 9 February 2006 in Joined Cases C-23/04 to C-25/04: Reference for a preliminary ruling from the Diikitiko Protodikio Athinon in Sfakianakis AEVE v Elliniko Dimosio (Association Agreement EEC-Hungary — Obligation of mutual assistance between customs authorities — Post-clearance recovery of import duties following revocation in the State of export of the movement)

5

2006/C 086/9

Judgment of the Court (First Chamber) of 9 February 2006 in Case C-127/04: Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division in Declan O'Byrne v Sanofi Pasteur MSD Ltd, Sanofi Pasteur SA (Directive 85/374/EEC — Liability for defective products — Definition of ‘putting into circulation’ of the product — Supply by the producer to a wholly owned subsidiary)

5

2006/C 086/10

Judgment of the Court (First Chamber) of 16 February 2006 in Case C-215/04: Reference for a preliminary ruling from the Østre Landsret in Marius Pedersen A/S v Miljøstyrelsen (Waste — Transfer of waste — Waste intended for recovery operations — Concept of ‘notifier’ — Notifier's obligations)

6

2006/C 086/11

Judgment of the Court (First Chamber) of 9 February 2006 in Joined Cases C-226/04 and C-228/04: Reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio in La Cascina Soc. coop. arl. and Others v Ministero della Difesa and Others and Consorzio G.f.M. v Ministero della Difesa and Others (Public service contracts — Directive 92/50/EEC — Article 29, first paragraph, subparagraphs (e) and (f) — Obligations of service providers — Payment of social security contributions and taxes )

7

2006/C 086/12

Judgment of the Court (Second Chamber) of 25 October 2005 in Case C-229/04: Reference for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen: Crailsheimer Volksbank eG v Klaus Conrads, Frank Schulzke and Petra Schulzke-Lösche, Joachim Nitschke (Consumer protection — Contracts negotiated away from business premises — Loan agreement linked to property purchase concluded in a doorstep-selling situation — Right of cancellation)

7

2006/C 086/13

Judgment of the Court (Second Chamber) of 20 October 2005 in Case C-247/04: Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven in Transport Maatschappij Traffic BV v Staatssecretaris van Economische Zaken (Community Customs Code — Repayment or remission of import or export duties — Meaning of ‘legally owed’)

8

2006/C 086/14

Judgment of the Court (Third Chamber) of 9 February 2006 in Case C-415/04: Reference for a preliminary ruling from the Hoge Raad der Nederlanden in Staatssecretaris van Financiën v Stichting Kinderopvang Enschede (Sixth VAT Directive — Exemptions — Supply of services linked to welfare and social security work and protection and education of children or young people)

8

2006/C 086/15

Judgment of the Court (Third Chamber) of 9 February 2006 in Case C-473/04: Reference for a preliminary ruling from the Hof van Cassatie in Plumex v Young Sports NV (Judicial cooperation — Regulation (EC) No 1348/2000 — Articles 4 to 11 and 14 — Service of judicial documents — Service through agencies — Service by post — Relationship between the methods of transmission and service — Precedence — Time-limit for an appeal)

9

2006/C 086/16

Judgment of the Court (Fourth Chamber) of 26 January 2006 in Case C-2/05: Reference for a preliminary ruling from the Arbeidshof te Brussel in Rijksdienst voor Sociale Zekerheid v Herbosch Kiere NV (Social security for migrant workers — Determination of the legislation applicable — Workers posted to another Member State — Scope of E 101 certificate)

9

2006/C 086/17

Case C-456/05: Action brought on 23 December 2005 by Commission of the European Communities against the Federal Republic of Germany

10

2006/C 086/18

Case C-14/06: Action brought on 11 January 2006 by European Parliament against the Commission of the European Communities

11

2006/C 086/19

Case C-40/06: Reference for a preliminary ruling from the Finanzgericht München (Germany) By order of that court of 19 January 2006 in Juers Pharma Import-Export GmbH v Oberfinanzdirektion Nürnberg

11

2006/C 086/20

Case C-43/06: Action brought on 27 January 2006 by the Commission of the European Communities against the Portuguese Republic

12

2006/C 086/21

Case C-44/06: Reference for a preliminary ruling from the Finanzgericht des Landes Brandenburg by order of that court of 12 October 2005 in Gerlach & Co. mbH v Hauptzollamt Frankfurt (Oder)

12

2006/C 086/22

Case C-51/06: Reference for a preliminary ruling from the Tribunale di Livorno by order of that court of 13 January 2006 in Alberto Bianchi v De Robert Calzature S.R.L.

13

2006/C 086/23

Case C-56/06: Reference for a preliminary ruling from the Finanzgericht Düsseldorf by order of that court of 31 January 2006 in Euro Tex Textilverwertung GmbH v Hauptzollamt Duisburg

13

2006/C 086/24

Case C-61/06: Action brought on 3 February 2006 by the Commission of the European Communities against the Italian Republic

13

2006/C 086/25

Case C-62/06: Reference for a preliminary ruling from the Supremo Tribunal Administrativo by judgment of that court of 11 January 2006 in the proceedings Fazenda Pública — Director Geral das Alfândegas v Z.F. ZEFESER — Importaçao e Exportaçao de Produtos Alimentares, Lda.

14

2006/C 086/26

Case C-63/06: Reference for a preliminary ruling from the Lietuvos Vyriausiasis Administracinis Teismas by order of that court of 20 December 2005 in UAB ‘Profisa’ v Muitines Departamentas prie Lietuvos Respublikos Finansų Ministerijos

14

2006/C 086/27

Case C-65/06: Action brought on 6 February 2006 by the Commission of the European Communities against the Kingdom of Belgium

15

2006/C 086/28

Case C-70/06: Action brought on 7 February 2006 — Commission of the European Communities v Portuguese Republic

15

2006/C 086/29

Case C-75/06: Action brought on 8 February 2006 by the Commission of the European Communities against the Portuguese Republic

16

2006/C 086/30

Case C-79/06: Action brought on 10 February 2006 by the Commission of the European Communities against the French Republic

16

2006/C 086/31

Case C-81/06: Action brought on 8 February 2006 by the Commission of the European Communities against the Italian Republic

17

2006/C 086/32

Case C-82/06: Action brought on 8 February 2006 by the Commission of the European Communities against the Italian Republic

17

2006/C 086/33

Case C-83/06: Action brought on 9 February 2006 by the Commission of the European Communities against the Italian Republic

18

2006/C 086/34

Case C-89/06: Action brought on 14 February 2006 by the Commission of the European Communities against the Portuguese Republic

18

2006/C 086/35

Case C-90/06: Action brought on 14 February 2006 by the Commission of the European Communities against the Portuguese Republic

19

2006/C 086/36

Case C-93/06: Action brought on 14 February 2006 by the Commission of the European Communities against the Republic of Austria

19

2006/C 086/37

Case C-94/06: Action brought on 14 February 2006 by the Commission of the European Communities against the Republic of Austria

19

2006/C 086/38

Case C-98/06: Reference for a preliminary ruling from the Högsta Domstolen by order of that court of 8 February 2006 in Freeport PLC v Olle Arnoldsson

20

2006/C 086/39

Case C-100/06: Action brought on 21 February 2006 by the Commission of the European Communities against the Grand Duchy of Luxembourg

20

2006/C 086/40

Case C-101/06: Action brought on 21 February 2006 by the Commission of the European Communities against the French Republic

21

2006/C 086/41

Case C-105/06: Action brought on 22 February 2006 by the Commission of the European Communities against the Grand Duchy of Luxembourg

21

2006/C 086/42

Case C-106/06: Action brought on 22 February 2006 by the Commission of the European Communities against the Grand Duchy of Luxembourg

21

2006/C 086/43

Case C-107/06: Action brought on 22 February 2006 by the Commission of the European Communities against the Hellenic Republic

22

2006/C 086/44

Case C-110/06: Action brought on 23 February 2006 by the Commission of the European Communities against the Kingdom of Belgium

22

2006/C 086/45

Case C-113/06: Action brought on 27 February 2006 by the Commission of the European Communities against the Grand Duchy of Luxembourg

23

COURT OF FIRST INSTANCE

2006/C 086/46

Case T-202/03: Judgment of the Court of First Instance of 7 February 2006 — Alecansan v OHIM (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark COMP USA — Earlier national figurative mark COMP USA — Lack of similarity of the goods and services — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 40/94)

24

2006/C 086/47

Case T-251/03: Judgment of the Court of First Instance (Fifth Chamber) of 31 January 2006 — Albrecht and Others v Commission (Health policy — Veterinary medicinal products — Products containing benzathine benzylpenicillin — Commission decision ordering suspension of marketing authorisations — Competence)

24

2006/C 086/48

Case T-273/03: Judgment of the Court of First Instance (Fifth Chamber) of 31 January 2006 — Merck Sharp & Dohme and Others v Commission (Medicinal products for human use — Marketing authorisation for products containing the substance enalapril — Commission decision ordering amendment of the summary of the product's characteristics — Competence)

25

2006/C 086/49

Case T-293/03: Judgment of the Court of First Instance of 31 January 2006 — Giulietti v Commission (Officials — Open competition — Exclusion from the competition — Illegality of the competition notice — Inadmissibility — Professional experience — Full-time activity)

25

2006/C 086/50

Case T-206/04: Judgment of the Court of First Instance of 1 February 2006 — Rodrigues Carvalhais v OHIM (Community trade mark — Opposition proceedings — Figurative mark containing the verbal element ‘PERFIX’ — Earlier Community figurative trade mark containing the verbal element ‘cerfix’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

26

2006/C 086/51

Joined Cases T-466/04 and T-467/04: Judgment of the Court of First Instance of 1 February 2006 — Elisabetta Dami v OHIM (Community trade mark — Word mark GERONIMO STILTON — Opposition — Stay of proceedings — Restriction of the list of goods designated by the mark for which registration is sought — Withdrawal of the opposition)

26

2006/C 086/52

Joined Cases T-376/05 and T-383/05: Judgment of the Court of First Instance of 14 February 2006 — TEA-CEGOS and Others v Commission (Public contracts — Community procedure for call for tenders — Recruitment of short-term experts responsible for providing technical assistance for the benefit of third countries benefiting from external aid — Rejection of tenders)

27

2006/C 086/53

Case T-249/02: Order of the Court of First Instance of 13 October 2005 — Fintecna v Commission (European Social Fund — Reduction of financial assistance — Action for annulment — Measure against which actions may be brought — Preparatory measure — Inadmissibility)

27

2006/C 086/54

Case T-48/03: Order of the Court of First Instance of 31 January 2006 — Schneider Electric v Commission (Competition — Concentrations — Resumption of the control procedure following annulment by the Court of First Instance of a decision prohibiting a concentration — Initiation of the detailed examination phase — Abandonment of the concentration — Closure of the control procedure — Action for annulment — Acts adversely affecting the applicant — Interest in bringing an action — Inadmissible)

27

2006/C 086/55

Case T-278/03: Order of the Court of First Instance of 27 January 2006 — Van Mannekus v Council (Dumping — Imports of magnesium oxide originating in China — Amendment of anti-dumping measures instituted earlier — Action for annulment — Objection of inadmissibility)

28

2006/C 086/56

Case T-280/03: Order of the Court of First Instance of 27 January 2006 — Van Mannekus v Council (Dumping — Imports of dead-burned (sintered) magnesia originating in China — Amendment of anti-dumping measures previously imposed — Action for annulment — Objection as to admissibility)

28

2006/C 086/57

Case T-42/04: Order of the Court of First Instance of 13 January 2006 — Komninou and Others v Commission (Action for damages — Non-contractual liability — Decision to take no further action on a complaint putting in issue a Member State's conduct capable of giving rise to proceedings for failure to fulfil obligations — Treatment of the complaint by the Commission — Principle of sound administration)

29

2006/C 086/58

Case T-396/05 R: Order of the President of the Court of First Instance of 10 January 2006 — ArchiMEDES v Commission (Interim proceedings — Application for interim measures — Arbitration clause — Admissibility — Urgency — Absence)

29

2006/C 086/59

Case T-397/05 R: Order of the President of the Court of First Instance of 10 January 2006 — ArchiMEDES v Commission (Interim proceedings — Application for interim measures — Arbitration clause — Urgency — Absence)

29

2006/C 086/60

Case T-417/05 R: Order of the President of the Court of First Instance of 1 February 2006 — Endesa v Commission (Application for interim measures — Control of concentrations between undertakings — Urgency)

30

2006/C 086/61

Case T-437/05 R: Order of the President of the Court of First Instance of 7 February 2006 — Brink's Security Luxembourg v Commission (Application for interim measures — Urgency — Absence)

30

2006/C 086/62

Case T-8/06: Action brought on 12 January 2006 — FAB Fernsehen aus Berlin v Commission

31

2006/C 086/63

Case T-14/06: Action brought on 16 January 2006 — K-Swiss/OHIM

31

2006/C 086/64

Case T-18/06: Action brought on 23 January 2006 — Deutsche Telekom v OHIM

32

2006/C 086/65

Case T-21/06: Action brought on 21 January 2006 — Germany v Commission

32

2006/C 086/66

Case T-24/06: Action brought on 24 January 2006 — Medienanstalt Berlin-Brandenburg v Commission

32

2006/C 086/67

Case T-28/06: Action brought on 24 January 2006 — RheinfelsQuellen H. Hövelmann v OHIM

33

2006/C 086/68

Case T-29/06: Action brought on 24 January 2006 — Procter & Gamble v OHIM

33

2006/C 086/69

Case T-30/06: Action brought on 24 January 2006 — Procter & Gamble v OHIM

34

2006/C 086/70

Case T-31/06: Action brought on 24 January 2006 — Procter & Gamble v OHIM

34

2006/C 086/71

Case T-35/06: Action brought on 30 January 2006 — Honig Verband v Commission

35

2006/C 086/72

Case T-39/06: Action brought on 3 February 2006 — Transcatab v Commission of the European Communities

35

2006/C 086/73

Case T-42/06: Action brought on 13 February 2006 — Bruno Gollnisch v European Parliament

36

2006/C 086/74

Case T-43/06: Action brought on 19 February 2006 — Cofira SAC v Commission of the European Communities

37

2006/C 086/75

Case T-44/06: Action brought on 14 February 2006 — Commission v Elliniki Etairia Epikhirimatikis Protovoulias — Hellenic Ventures S.A. — and five other defendants

37

2006/C 086/76

Case T-45/06: Action brought on 13 February 2006 — Reliance Industries v Council and Commission

38

2006/C 086/77

Case T-46/06: Action brought on 13 February 2006 — Galileo Lebensmittel v Commission

39

2006/C 086/78

Case T-48/06: Action brought on 17 February 2006 — Astex Therapeutics v OHIM

40

2006/C 086/79

Case T-50/06: Action brought on 17 February 2006 — Ireland v Commission

40

2006/C 086/80

Case T-53/06: Action brought on 21 February 2006 — UPM-Kymmene v Commission

41

2006/C 086/81

Case T-59/06: Action brought on 23 February 2006 — Low & Bonar and Bonar Technical Fabrics v Commission

42

2006/C 086/82

Case T-61/06: Action brought on 13 February 2006 — Italian Republic v Commission

43

2006/C 086/83

Case T-62/06: Action brought on 23 February 2006 — Eurallumina v Commission

44

2006/C 086/84

Case T-63/06: Action brought on 16 February 2006 — Eyropaïki Dynamiki v EMCDDA

45

2006/C 086/85

Case T -330/05: Order of the Court of First Instance of 8 February 2006 — Aqua-Terra Bioprodukt v OHIM

46

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

2006/C 086/86

Case F-124/05: Action brought on 16 December 2005 — A v Commission

47

2006/C 086/87

Case F-2/06: Action brought on 5 January 2006 — Luigi Marcuccio v Commission of the European Communities

48

2006/C 086/88

Case F-12/06: Action brought on 3 February 2006 — Suleimanova v Committee of the Regions

48

III   Notices

2006/C 086/89

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 74, 25.3.2006

49

EN