This document is an excerpt from the EUR-Lex website
Document C:2003:019:TOC
Official Journal of the European Union, C 19, 25 January 2003
Official Journal of the European Union, C 19, 25 January 2003
Official Journal of the European Union, C 19, 25 January 2003
Official Journal of the European Communities | ISSN
0378-6986 C 19 Volume 46 25 January 2003 |
English edition | Information and Notices | |||
Notice No | Contents | Page | ||
I Information | ||||
Court of Justice | ||||
COURT OF JUSTICE | ||||
2003/C 19/01 | Judgment of the Court of 10 December 2002 in Case C-29/99: Commission of the European Communities v Council of the European Union (International agreements — Convention on Nuclear Safety — Accession decision — Compatibility with the Euratom Treaty — External competence of the Community — Articles 30 to 39 of the Euratom Treaty) | 1 | ||
2003/C 19/02 | Judgment of the Court (Sixth Chamber) of 12 December 2002 in Case C-470/99 (Reference for a preliminary ruling from the Vergabekontrollsenat des Landes Wien: Universale-Bau AG, Bietergemeinschaft: 1. Hinteregger & Söhne Bauges. mbH Salzburg, 2. ÖSTU-STETTIN Hoch- und Tiefbau GmbH, v Entsorgungsbetriebe Simmering GesmbH (Directive 93/37/EEC — Public works contracts — Definition of "contracting authority" — Body governed by public law — Restricted procedure — Rules for weighting of criteria for selecting candidates invited to tender — Advertisement — Directive 89/665/EEC — Review procedures relating to public procurement — Time-limits for review) | 1 | ||
2003/C 19/03 | Judgment of the Court of 10 December 2002 in Case C-153/00 (Reference for a preliminary ruling from the Onderzoeksrechter in de Rechtbank van eerste aanleg te Turnhout): Paul der Weduwe (Freedom to provide services — Banking activities — Employee of a credit institution established in a Member State and canvassing for clients in another Member State — National legislation on banking secrecy — Refusal to answer questions and to give evidence in a judicial investigation) | 2 | ||
2003/C 19/04 | Judgment of the Court of 12 December 2002 in Case C-273/00 (Reference for a preliminary ruling from the Bundespatentgericht): Ralf Sieckmann v Deutsches Patent- und Markenamt (Trade marks — Approximation of laws — Directive 89/104/EEC — Article 2 — Signs of which a trade mark may consist — Signs capable of being represented graphically — Olfactory signs) | 3 | ||
2003/C 19/05 | Judgment of the Court (Sixth Chamber) of 5 December 2002 in Case C-379/00 (Reference for a preliminary ruling from the VAT and Duties Tribunal, London): Overland Footwear Ltd v Commissioners of Customs and Excise (Customs Code — Customs value of imported goods — Price of goods and buying commission — Reimbursement of duty payable on full amount) | 3 | ||
2003/C 19/06 | Judgment of the Court of 12 December 2002 in Case C-395/00 (Reference for a preliminary ruling from the Tribunale di Trento): Distillerie Fratelli Cipriani SpA v Ministero delle Finanze (Directive 92/12/EEC — Article 20 — Export to non-member countries of products under duty-suspension arrangements — Products having to be considered not to have arrived at their destination by reason of the falsification of the accompanying document — Place of the offence or irregularity unknown — Determination of the Member State in which excise duty is chargeable) | 4 | ||
2003/C 19/07 | Judgment of the Court (Sixth Chamber) of 28 November 2002 in Case C-417/00 (Reference for a preliminary ruling from the Oberverwaltungsgericht des Landes Sachsen-Anhalt): Agrargenossenschaft Pretzsch eG v Amt für Landwirtschaft und Flurneuordnung Anhalt, (Common agricultural policy — Regulation (EEC) No 3887/92 — Integrated administration and control system for certain Community aid schemes — Implementing rules — Aid linked to set-aside of land — Declaration of area of set-aside — Failure to give notice, after submission of the aid application, of a decrease of the area of set-aside — Penalties) | 4 | ||
2003/C 19/08 | Judgment of the Court (Sixth Chamber) of 12 December 2002 in Case C-442/00 (Reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La-Mancha): Ángel Rodríguez Caballero v Fondo de Garantía Salarial (Fogasa), (Social policy — Protection of employees in the event of the insolvency of their employer — Directive 80/987/EEC — Scope — "Claims" — "Pay" — "Salarios de tramitación" — Payment guaranteed by the guarantee institution — Payment subject to the adoption of a judicial decision) | 5 | ||
2003/C 19/09 | Judgment of the Court (Sixth Chamber) of 12 December 2002 in Case C-456/00: French Republic v Commission of the European Communities (Action for annulment — State aid — Common organisation of the markets — Wine — Measures for adapting vineyards in Charentes) | 5 | ||
2003/C 19/10 | Judgment of the Court (Fifth Chamber) of 12 December 2002 in Case C-5/01: Kingdom of Belgium v Commission of the European Communities (ECSC Treaty — Aid granted by the Member States — Annulment of Commission Decision 2001/198/ECSC of 15 November 2000 concerning State aid granted by Belgium to Cockerill Sambre SA) | 6 | ||
2003/C 19/11 | Judgment of the Court (Fifth Chamber) of 5 December 2002 in Case C-174/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil obligations — Waste management — First indent of Article 11(1) of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)) | 6 | ||
2003/C 19/12 | Judgment of the Court (Sixth Chamber) of 28 November 2002 in Case C-259/01: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 98/30/EC — Failure to transpose within the prescribed period) | 7 | ||
2003/C 19/13 | Judgment of the Court (Sixth Chamber) of 5 December 2002 in Case C-324/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Conservation of natural habitats — Wild fauna and flora — Incomplete transposition) | 7 | ||
2003/C 19/14 | Judgment of the Court of 10 December 2002 in Case C-362/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/5/EC — Reasoned opinion — Failure to take into account observations submitted by the Member State in response to the formal notice — Bearing on admissibility) | 8 | ||
2003/C 19/15 | Judgment of the Court (Third Chamber) of 28 November 2002 in Case C-392/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 97/55/EC — Comparative advertising — Failure to implement within the prescribed period) | 8 | ||
2003/C 19/16 | Judgment of the Court (Second Chamber) of 28 November 2002 in Case C-414/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to implement Directive 97/7/EC) | 9 | ||
2003/C 19/17 | Order of the Court (Fourth Chamber) of 19 September 2002 in Case C-267/01 (reference for a preliminary ruling from the Oberste Gerichtshof): Jaroslav Nyvlt v Flughafen Wien AG (Article 104(3) of the Rules of Procedure — Answer to a question admitting of no reasonable doubt — Article 3 of Regulation (EEC) No 3922/91 — Harmonisation of technical requirements and administrative procedures in the field of civil aviation — Paragraph 35 of Code 145 of the Joint Aviation Requirements) | 9 | ||
2003/C 19/18 | Case C-367/02: Reference for a preliminary ruling by the Bundespatentgericht by order of that Court of 26 June 2002 in the complaint proceedings of Deutsche Telekom AG against DKV Deutsche Krankenversicherung AG | 10 | ||
2003/C 19/19 | Case C-387/02: Reference for a preliminary ruling by the Tribunale di Milano, Prima Sezione penale by order of that court of 26 October 2002 in criminal proceedings against Silvio Berlusconi | 10 | ||
2003/C 19/20 | Case C-389/02: Reference for a preliminary ruling by the Finanzgericht Hamburg by order of that Court of 16 October 2002 in the case of Deutsche See-Bestattungs-Genossenschaft e. G. against Hauptzollamt Kiel | 11 | ||
2003/C 19/21 | Case C-391/02: Reference for a preliminary ruling by the Corte di Appello di Lecce — Sezione penale by order of that Court of 7 October 2002 in the criminal proceedings against Sergio Adelchi | 11 | ||
2003/C 19/22 | Case C-394/02: Action brought on 8 November 2002 by the Commission of the European Communities against the Hellenic Republic | 12 | ||
2003/C 19/23 | Case C-401/02: Action brought on 12 November 2002 by the Commission of the European Communities against the Federal Republic of Germany (received by fax on 11 November 2002) | 13 | ||
2003/C 19/24 | Case C-403/02: Reference for a preliminary ruling by the Tribunale di Milano, Sezione IV Penale by order of that Court of 29 October 2002 in the criminal proceedings against Marcello Dell'Utri, Romano Luzi and Romano Comincioli | 14 | ||
2003/C 19/25 | Case C-407/02: Action brought on 15 November 2002 by the Commission of the European Communities against the Hellenic Republic | 14 | ||
2003/C 19/26 | Case C-409/02 P: Appeal by Jan Pflugradt against the judgment of the Court of First Instance of the European Communities (Fifth Chamber) of 22 October 2002 in Joined Cases T-178/00 and T-341/00, Jan Pflugradt v European Central Bank, lodged on 18 November 2002 | 15 | ||
2003/C 19/27 | Case C-414/02: Reference for a preliminary ruling by the Verwaltungsgerichtshof by order of that Court of 6 November 2002 in the case of Spedition Ulustrans, Uluslararasi Nakliyat ve. Tic. A.S. Istanbul against Finanzlandesdirektion Oberösterreich | 16 | ||
2003/C 19/28 | Case C-415/02: Action brought on 19 November 2002 by the Commission of the European Communities against the Kingdom of Belgium | 16 | ||
2003/C 19/29 | Case C-417/02: Action brought on 19 November 2002 by the Commission of the European Communities against the Hellenic Republic | 16 | ||
2003/C 19/30 | Case C-418/02: Reference for a preliminary ruling by the Bundespatentgericht by order of that Court of 15 October 2002 in the appeal matter of PRAKTIKER Bau- und Heimwerkermärkte AG | 17 | ||
2003/C 19/31 | Case C-422/02 P: Appeal brought on 21 November 2002 by Europe Chemi-Con (Deutschland) GmbH against the judgment delivered on 12 September 2002 by the Fourth Chamber (Extended Composition) of the Court of First Instance of the European Communities in case T-89/00 between Europe Chemi-Con (Deutschland) GmbH and the Council of the European Union, supported by the Commission of the European Communities | 17 | ||
2003/C 19/32 | Case C-423/02: Action brought on 22 November 2002 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland | 18 | ||
2003/C 19/33 | Case C-424/02: Action brought on 22 November 2002 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland | 19 | ||
2003/C 19/34 | Case C-425/02: Reference for a preliminary ruling by the Cour Administrative (Grand-Duché de Luxembourg) by judgment of that Court of 21 November 2002 in the appeal brought by Johanna Maria Boor, née Delahaye, against the Minister for Public Service and Administrative Reform | 19 | ||
2003/C 19/35 | Case C-427/02 P: Appeal brought on 25 November 2002 by Giuseppe Di Pietro against the order delivered on 27 September 2002 by the Third Chamber of the Court of First Instance of the European Communities in Case T-254/01 between Giuseppe Di Pietro and Court of Auditors of the European Communities | 20 | ||
2003/C 19/36 | Case C-429/02: Reference for a preliminary ruling by the Cour de cassation (France), chambre commerciale, financière et économique, by judgment of that Court of 19 November 2002 in the case of Bacardi-Martini SAS against Télévision France TF1 S.A., Groupe Jean-Claude Darmon S.A. and Girosport Sàrl | 21 | ||
2003/C 19/37 | Case C-430/02: Action brought on 28 November 2002 by the Commission of the European Communities against the Italian Republic | 21 | ||
2003/C 19/38 | Case C-431/02: Action brought on 29 November 2002 by the Commission of the European Communities against the United Kingdom | 22 | ||
2003/C 19/39 | Case C-432/02: Reference for a preliminary ruling by the Ufficio del Giudice di Pace di Lendinara by order of that Court of 29 October 2002 in the case of Dr Lucio Trombin against Insight World Education Systems Limited | 22 | ||
2003/C 19/40 | Case C-433/02: Action brought on 29 November 2002 by the Commission of the European Communities against the Kingdom of Belgium | 23 | ||
2003/C 19/41 | Case C-436/02: Action brought on 2 December 2002 by the Commission of the European Communities against Ireland | 24 | ||
2003/C 19/42 | Case C-439/02: Action brought on 4 December 2002 by the Commission of the European Communities against the French Republic | 24 | ||
2003/C 19/43 | Case C-440/02: Action brought on 3 December 2002 by the Commission of the European Communities against the Italian Republic | 25 | ||
2003/C 19/44 | Case C-442/02: Reference for a preliminary ruling by the Conseil d'État by order of that Court of 6 November 2002 in the case of Caixa Bank France against Ministère de l'économie, des finances et de l'industrie | 25 | ||
2003/C 19/45 | Removal from the register of Case C-254/01 | 26 | ||
2003/C 19/46 | Removal from the register of Case C-280/01 | 26 | ||
2003/C 19/47 | Removal from the register of Case C-227/02 | 26 | ||
2003/C 19/48 | Removal from the register of Case C-268/02 | 26 | ||
COURT OF FIRST INSTANCE | ||||
2003/C 19/49 | Judgment of the Court of First Instance of 21 November 2002 in Case T-88/98: Kundan Industries Ltd and Tata International Ltd v Council of the European Union (Dumping — Stainless steel fasteners — Calculation of export price — Unreliability of the price — Calculation of normal value — Rights of the defence) | 27 | ||
2003/C 19/50 | Judgment of the Court of First Instance of 7 November 2002 in Joined Cases T-141/99, T-142/99, T-150/99 and T-151/99, Vela Srl and Tecnagrind SL v Commission of the European Communities (Agriculture — EAGGF — Withdrawal of financial assistance — Articles 23 and 24 of Regulation (EEC) No 4253/88 — Principles of legal certainty and protection of legitimate expectations — Principle of proportionality) | 27 | ||
2003/C 19/51 | Judgment of the Court of First Instance of 23 October 2002 in Joined Cases T-269/99, T-271/99 and T-272/99: Territorio Histórico de Guipúzcoa — Diputación Foral de Guipúzcoa and Others v Commission of the European Communities (State aid — Decision to initiate the procedure under Article 88(2) EC — Actions for annulment — Admissibility — Tax measures — Selective nature — Legitimate expectations — Misuse of powers) | 28 | ||
2003/C 19/52 | Judgment of the Court of First Instance of 23 October 2002 in Joined Cases T-346/99, T-347/99 and T-348/99: Territorio Histórico de Álava — Diputación Foral de Álava and Others v Commission of the European Communities (State aid — Decision to initiate the procedure under Article 88(2) EC — Actions for annulment — Admissibility — Tax measures — Selective nature — Legitimate expectations — Misuse of powers) | 28 | ||
2003/C 19/53 | Judgment of the Court of First Instance of 26 November 2002 in Joined Cases T-74/00, T-76/00, T-83/00 to T-85/00, T-132/00, T-137/00 and T-141/00: Artegodan GmbH and Others v Commission of the European Communities (Medicinal products for human use — Community arbitration procedures — Withdrawal of marketing authorisations — Competence — Criteria for withdrawal — Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine — Directives 65/65/EEC and 75/319/EEC) | 29 | ||
2003/C 19/54 | Judgment of the Court of First Instance of 22 October 2002 in Joined Cases T-178/00 and T-341/00, Jan Pflugradt v European Central Bank (Staff of the European Central Bank — Amendment of employment contract — Performance appraisal) | 29 | ||
2003/C 19/55 | Judgment of the Court of First Instance of 20 November 2002 in Case T-251/00: Lagardère SCA and Canal+ SA v Commission of the European Communities (Competition — Regulation (EEC) No 4064/89 — Modification of a decision declaring a concentration compatible with the common market — Restrictions directly related and necessary to the implementation of the concentration ("Ancillary restrictions") — Action for annulment — Challengeable acts — Legal interest in bringing proceedings — Legal certainty — Legitimate expectations — Reasons) | 30 | ||
2003/C 19/56 | Judgment of the Court of First Instance of 23 October 2002 in Case T-388/00: Institut für Lernsysteme GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier figurative mark containing the acronym ILS — Application for Community word mark ELS — Proof of use of earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule 22 of Regulation (EC) No 2868/95 — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94 — Statement of reasons) | 30 | ||
2003/C 19/57 | Judgment of the Court of First Instance of 23 October 2002 in Case T-6/01: Matratzen Concord GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Relative grounds for refusal — Similarity between two trade marks — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Application for a figurative Community trade mark containing the word "Matratzen" — Earlier word trade mark MATRATZEN) | 31 | ||
2003/C 19/58 | Judgment of the Court of First Instance of 20 November 2002 in Joined Cases T-79/01 and T-86/01: Robert Bosch GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Kit Pro and Kit Super Pro — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94) | 31 | ||
2003/C 19/59 | Judgment of the Court of First Instance of 26 November 2002 in Case T-103/01: Michael Cwik v Commission of the European Communities (Officials — Reorganisation of the Commission's administrative structures — Redeployment — Reasons — Interest of the service — Misuse of power — Duty of care) | 32 | ||
2003/C 19/60 | Judgment of the Court of First Instance of 23 October 2002 in Case T-104/01: Claudia Oberhauser v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Earlier figurative mark containing the term "miss fifties" — Application for Community word mark "Fifties" — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94) | 32 | ||
2003/C 19/61 | Judgment of the Court of First Instance of 7 November 2002 in Case T-199/01: G v Commission of the European Communities (Officials — Social security — Refusal to reimburse medical expenses — Inefficacious treatment) | 32 | ||
2003/C 19/62 | Judgment of the Court of First Instance of 5 November 2002 in Case T-205/01: André Ronsse v Commission of the European Communities (Officials — Remuneration — Household allowance — Recovery of sum overpaid) | 33 | ||
2003/C 19/63 | Judgment of the Court of First Instance of 12 November 2002 in Case T-271/01: José Manuel López Cejudo v Commission of the European Communities (Officials — Remuneration — Dependent child and education allowances paid to the parent awarded custody of the child — Refusal to grant the other parent payment of the allowances for the purpose of calculating tax rebate and expatriation allowance — Default interest) | 33 | ||
2003/C 19/64 | Judgment of the Court of First Instance of 25 October 2002 in Case T-5/02: Tetra Laval BV v Commission of the European Communities (Competition — Regulation (EEC) No 4064/89 — Decision declaring a concentration incompatible with the common market — Rights of the defence — Horizontal and vertical effects — Foreseeable conglomerate effects — Leveraging — Potential competition — General effect of reinforcement) | 34 | ||
2003/C 19/65 | Judgment of the Court of First Instance of 25 October 2002 in Case T-80/02: Tetra Laval BV v Commission of the European Communities (Competition — Regulation (EEC) No 4064/89 — Decision ordering separation of undertakings — Article 8(4) of Regulation No 4064/89 — Illegality of the decision declaring a concentration incompatible with the common market — Ensuing illegality of the divestiture decision) | 34 | ||
2003/C 19/66 | Order of the Court of First Instance of 7 October 2002 in Case T-24/01: Claire Staelen v Council of the European Union and European Parliament (Officials — Open competition — Delegation of the appointing authority's powers — Inadmissibility) | 35 | ||
2003/C 19/67 | Order of the Court of First Instance of 21 October 2002 in Case T-97/01: Christos Gogos v Commission of the European Communities (No need to give a judgment) | 35 | ||
2003/C 19/68 | Order of the President of the Court of First Instance of 17 October 2002 in Case T-215/02 R: Santiago Gómez-Reino v Commission of the European Communities (Procedure for interim relief — Officials — Admissibility — Act adversely affecting an official) | 35 | ||
2003/C 19/69 | Case T-325/02: Action brought on 14 October 2002 by Michel Soubies against Commission of the European Communities | 36 | ||
2003/C 19/70 | Case T-333/02: Action brought on 31 October 2002 by the Gestoras Pro Amnistía association, Juan Mari Olano Olano and Julen Zelarain Errasti against Council of the European Union | 36 | ||
2003/C 19/71 | Case T-340/02: Action brought on 13 November 2002 by B.V. Bureau Wijsmuller Scheepvaart-Transport en Zeesleepvaart Maatschappij against the Commission of the European Communities | 37 | ||
2003/C 19/72 | Case T-342/02: Action brought on 8 November 2002 by Metro-Goldwin-Mayer Lion Corporation against the Office for Harmonization in the Internal Market | 37 | ||
2003/C 19/73 | Case T-343/02: Action brought on 15 November 2002 by Roland Schintgen against Commission of the European Communities | 38 | ||
2003/C 19/74 | Case T-345/02: Action brought on 21 November 2002 by European Dynamics against the Commission of the European Communities | 39 | ||
2003/C 19/75 | Case T-346/02: Action brought on 22 November 2002 by Cableuropa, S.A., Región de Murcia de Cable, S.A., Valencia de Cable, S.A., Mediterránea Sur Sistemas de Cable, S.A., y Mediterránea Norte Sistemas de Cable, S.A. against Commission of the European Communities | 40 | ||
2003/C 19/76 | Case T-347/02: Action brought on 22 November 2002 by Aunacable, S.A.Unipersonal, Retecal Sociedad Operadora de Telecomunicaciones de Castilla y León, S.A., Euskaltel, S.A., Telecable de Avilés, S.A. Unipersonal, Telecable de Oviedo, S.A. Unipersonal, Telecable de Gijón, S.A. Unipersonal, R Cable y Telecomunicaciones Galicia, S.A., and Tenaria S.A. against Commission of the European Communities | 40 | ||
2003/C 19/77 | Case T-349/02: Action brought on 22 November 2002 by the company Sephora against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM) | 41 | ||
2003/C 19/78 | Case T-350/02: Action brought on 26 November 2002 by Ikegami Electronics (Europe) GmbH against the Council of the European Union | 41 | ||
2003/C 19/79 | Case T-352/02: Action brought on 25 November 2002 by Creative Technology Limited against the Office for Harmonization in the Internal Market | 42 | ||
2003/C 19/80 | Case T-359/02: Action brought on 3 December 2002 by Chum Limited against the Office for Harmonisation in the Internal Market | 43 | ||
2003/C 19/81 | Removal from the register of Joined Cases T-160/01 and T-264/01 | 44 | ||
2003/C 19/82 | Removal from the register of Case T-294/01 | 44 | ||
2003/C 19/83 | Removal from the register of Case T-331/01 | 44 | ||
2003/C 19/84 | Removal from the register of Case T-172/02 | 44 | ||
2003/C 19/85 | Removal from the register of Case T-199/02 | 44 | ||
II Preparatory Acts | ||||
...... | ||||
III Notices | ||||
2003/C 19/86 | Last publication of the Court of Justice in
the OJ C 7, 11.1.2003 | 45 | ||
Official Journal of the European Communities C 007 | ||||
Corrigenda | ||||
2003/C 19/87 | Corrigendum to the Official Journal notice in respect of Case T-258/02 ( C 274 of 9 November 2002) | 46 | ||
EN |