ISSN 1725-2423

Official Journal

of the European Union

C 201

English edition

Information and Notices

Volume 47
7 August 2004

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2004/C 201/1

Judgment of the Court (Full Court) of 22 June 2004 in Case C-42/01: Portuguese Republic v Commission of the European Communities (Community control of concentrations between undertakings — Article 21(3) of Council Regulation (EEC) No 4064/89 — Protection by Member States of their legitimate interests — Competence of the Commission)

1

2004/C 201/2

Judgment of the Court (First Chamber) of 17 June 2004 in Case C-30/02 (reference for a preliminary ruling from the Tribunal Tributário de Primeira Instância de Lisboa): Recheio — Cash & Carry SA v Fazenda Pública/Registo Nacional de Pessoas Colectivas (Recovery of sums paid though not due — Period of 90 days for the bringing of an action — Principle of effectiveness)

1

2004/C 201/3

Judgment of the Court (Second Chamber) of 24 June 2004 in Case C-49/02 (reference for a preliminary ruling from the Bundespatentgericht): Heidelberger Bauchemie GmbH (Trade marks — Harmonisation of laws — Directive 89/104/EEC — Signs capable of constituting a trade mark — Combinations of colours — Colours blue and yellow for certain products used in the building trade)

2

2004/C 201/4

Judgment of the Court (Fourth Chamber) of 24 June 2004 in Case C-119/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Second subparagraph of Article 3(1) and Article 5(2) of Directive 91/271/EEC — Discharge of urban waste water into a sensitive area — Lack of a collecting system — Lack of treatment more stringent than the secondary treatment provided for in Article 4 of the Directive)

2

2004/C 201/5

Judgment of the Court (Second Chamber) of 24 June 2004 in Case C-212/02: Commission of European Communities v Austria Republic (Failure of a Member State to fulfil obligations — Directives 89/665/EEC and 92/13/EEC — Inadequate transposition — Obligation that legislation relating to the award of public contracts provide for a procedure whereby all unsuccessful tenderers may have the award decision set aside)

3

2004/C 201/6

Judgment of the Court (Second Chamber) 24 June 2004 in Case C-278/02 (reference for a preliminary ruling from the Berufungssenat I der Region Linz bei der Finanzlandesdirektion für Oberösterreich): Herbert Handlbauer GmbH (Agriculture — Common organisation of the markets — Beef and veal — Export refunds — Repayment of amounts wrongly paid — Proceedings relating to irregularities — Article 3 of Regulation (EC, Euratom) No 2988/95 — Direct effect — Limitation period — Interruption of the limitation)

4

2004/C 201/7

Judgment of the Court (First Chamber) of 24 June 2004 in Case C-350/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Processing of personal data and the protection of privacy in the electronic communications sector — Articles 6 and 9 of Directive 97/66/EC — Requirement for specific statement of grounds of complaint in the reasoned opinion)

4

2004/C 201/8

Judgment of the Court (Third Chamber) of 24 June 2004 in Case C-421/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Incomplete transposition)

5

2004/C 201/9

Judgment of the Court (Fifth Chamber) of 22 June 2004 in Case C-439/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Maritime Transport — Directive 95/21/EC — Maritime safety — Port State control of vessels — Insufficient number of inspections)

5

2004/C 201/10

Judgment of the Court (Fifth Chamber) of 17 June 2004 in Case C-99/03: Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Directive 2000/52/EC — Transparency of financial relations between Member States and public undertakings — Failure to implement within the prescribed period)

6

2004/C 201/11

Judgment of the Court (Fourth Chamber) of 10 June 2004 in Case C-302/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 1999/22/EC — Keeping of wild animals in zoos — Failure to implement within the period prescribed)

6

2004/C 201/12

Case C-182/04: Reference for a preliminary ruling by the Simvoulio tis Epikratias by judgment of that court of 3 March 2004 in the case of Elmeka N.E. against the Minister for Economic Affairs

7

2004/C 201/13

Case C-183/04: Reference for a preliminary ruling by the Simvoulio tis Epikratias by judgment of that court of 3 March 2004 in the case of Elmeka N.E. against the Minister for Economic Affairs

7

2004/C 201/14

Case C-204/04: Action brought on 7 May 2004 by the Commission of the European Communities against the Federal Republic of Germany

7

2004/C 201/15

Case C-217/04: Action brought on 24 May 2004 by the United Kingdom against the European Parliament and the Council of the European Union

8

2004/C 201/16

Case C-224/04: Reference for a preliminary ruling by the Tribunale di Gorizia by order of that court of 7 April 2004 in the case of Azienda Agricola Roberto and Andrea Bogar against Agenzia per le erogazioni in Agricoltura (AGEA) and Cospalat Friuli Venezia Giulia

9

2004/C 201/17

Case C-229/01: Reference for a preliminary ruling by the Hanseatisches Oberlandesgericht in Bremen by order of that court of 27 May 2004 in case of Crailsheimer Volksbank eG against Klaus Conrads, Frank Schulzke and Petra Schulzke-Lösche, and Joachim Nitschke.

9

2004/C 201/18

Case C-230/04: Action brought on 2 June 2004 by the Commission of the European Communities against the French Republic

9

2004/C 201/19

Case C-231/04: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per il Lazio by order of that court of 23 February 2004 in the case of Confcooperative Unione Regionale della Cooperazione FVG Federagricole and Others against Ministero delle Politiche Agricole e Forestali and Regione Veneto

10

2004/C 201/20

Case C-233/04: Reference for a preliminary ruling by the Arbeitsgericht Düsseldorf by order of that court of 5 May 2004 in the case of Ms Gül Demir against Securicor Aviation Limited, Securicor Aviation (Germany) Limited and Kötter Security GmbH & Co. KG.

11

2004/C 201/21

Case C-235/04: Action brought on 4 June 2004 by the Commission of the European Communities against the Kingdom of Spain

11

2004/C 201/22

Case C-237/04: Reference for a preliminary ruling by the Tribunale di Cagliari by order of that court of 14 May 2004 in the case of Enirisorse SpA and Sotacarbo SpA

12

2004/C 201/23

Case C-250/04: Action brought on 14 June 2004 by the Commission of the European Communities against the Hellenic Republic

12

2004/C 201/24

Case C-251/04: Action brought on 14 June 2004 by the Commission of the European Communities against the Hellenic Republic

13

2004/C 201/25

Case C-252/04: Action brought on 14 June 2004 by the Commission of the European Communities against the Hellenic Republic

13

2004/C 201/26

Case C-253/04: Action brought on 14 June 2004 by the Commission of the European Communities against the Hellenic Republic

13

2004/C 201/27

Case C-254/04: Action brought on 14 June 2004 by the Commission of the European Communities against the Hellenic Republic

14

2004/C 201/28

Case C-258/04: Reference for a preliminary ruling by the Cour du travail de Liège (9th Chamber), by a judgment of that court of 7 June 2004 in the case of Office national de l'emploi against Ioannis Ioannidis

14

2004/C 201/29

Case C-262/04: Action brought on 23 June 2004 by the Commission of the European Communities against the Federal Republic of Germany

14

2004/C 201/30

Case C-263/04: Action brought on 24 June 2004 by the Commission of the European Communities against the French Republic

15

2004/C 201/31

Case C-276/04: Reference for a preliminary ruling by the Tribunal des affaires de sécurité sociale de Saint-Etienne by judgment of that Tribunal of 5 April 2004 in the case of SAS Bricorama France against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC

15

2004/C 201/32

Removal from the register of Case C-258/03

15

2004/C 201/33

Removal from the register of Case C-382/03

15

COURT OF FIRST INSTANCE

2004/C 201/34

Assignment of Judges to Chambers

16

2004/C 201/35

Judgment of the Court of First Instance of 25 May 2004 in Case T-69/03: W v European Parliament (Officials — Resettlement allowance — Definition of residence — Evidence)

16

2004/C 201/36

Case T-167/04: Action brought on 13 May 2004 by Asklepios Kliniken GmbH against the Commission of the European Communities

16

2004/C 201/37

Case T-177/04: Action brought on 14 May 2004 by easyJet Airline Company Limited against the Commission of the European Communities

17

2004/C 201/38

Case T-178/04: Action brought on 17 May 2004 by MPS Group Inc., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

17

2004/C 201/39

Case T-179/04: Action brought on 17 May 2004 by Siegfried Krahl against the Commission of the European Communities

18

2004/C 201/40

Case T-186/04: Action brought on 25 May 2004 by Spa Monopole, Compagnie Fermière de Spa against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

18

2004/C 201/41

Case T-187/04: Action brought on 19 May 2004 by Pascal Hallez against the Commission of the European Communities

19

2004/C 201/42

Case T-190/04: Action brought on 24 May 2004 by Société Freixenet S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

20

2004/C 201/43

Case T-191/04: Action brought on 27 May 2004 by MIP Metro Group Intellectual Property GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

20

2004/C 201/44

Case T-194/04: Action brought on 27 May 2004 by The Bavarian Lager Company against the Commission of the European Communities

21

2004/C 201/45

Case T-202/04: Action brought on 27 May 2004 by Madaus Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

22

2004/C 201/46

Case T-207/04: Action brought on 4 June 2004 by the Italian Republic against the Commission of the European Communities

23

2004/C 201/47

Case T-209/04: Action brought on 10 June 2004 by the Kingdom of Spain against the Commission of the European Communities

24

2004/C 201/48

Case T-210/04: Action brought on 1 June 2004 by Andreas Mausolf against Europol

24

III   Notices

2004/C 201/49

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 190, 24.7.2004

25

EN