ISSN 1725-2423

Official Journal

of the European Union

C 314

English edition

Information and Notices

Volume 47
18 December 2004

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2004/C 314/01

Judgment of the Court (Third Chamber) of 14 October 2004 in Case C-279/02 P: Nuno Antas de Campos v European Parliament (Appeal — Officials — Council Regulation (EC, Euratom, ECSC) No 2688/95 — Refusal of application for voluntary termination of service)

1

2004/C 314/02

Judgment of the Court (Fifth Chamber) of 26 October 2004 in Case C-406/03: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Regulation (EC) No 2037/2000 — Substances that deplete the ozone layer — Incomplete implementation)

1

2004/C 314/03

Order of the Court (Second Chamber) of 23 September 2004 in Joined Cases C-435/02 and C-103/03 (references for preliminary rulings from the Landgericht Essen and the Landgericht Hagen): Axel Springer AG v Zeitungsverlag Niederrhein GmbH & Co. Essen KG and Hans-Jürgen Weske (Article 104(3) of the Rules of Procedure — Partnership law and company law — Directive 90/605/EEC amending the scope of Directives 78/660/EEC and 83/349/EEC — Article 54(3)(g) of the EC Treaty (now, after amendment, Article 44(2)(g) EC) — Partnerships in the form of limited partnerships all of the fully liable partners of which are constituted as private limited liability companies GmbH and Co. KG — Publication of annual accounts — Right of third parties to consult those documents — Concept of a third party — Inclusion, inter alia, of competitors — Validity — Legal basis — Principles of freedom to pursue a trade or profession, freedom of the press and equal treatment)

2

2004/C 314/04

Order of the Court (Third Chamber) of 27 September 2004 in Case C-470/02 P: Union européenne de radio-télévision (UER) against Commission of the European Communities (Appeal — Competition — Agreements — Joint acquisition of television rights for international sporting events — Access of third parties to those rights — Article 81(3) EC — Appeal manifestly unfounded)

2

2004/C 314/05

Order of the Court (Sixth Chamber) of 28 September 2004 in Case C-115/03 (request for a preliminary ruling from the Tribunale Civile di Genova [Genoa District Court]): Eco Eridiana S.r.l. v Presidenza del Consiglio di Ministri and Ministero dell'Ambiente (Article 104(3) of the Rules of Procedure — Management of waste — Hazardous waste — Directive 91/689/EEC — Article 4 — Meaning of ‘producer of waste’ — Whether or not natural persons are included)

3

2004/C 314/06

Case C-408/04 P: Appeal brought on 23 September 2004 (Fax: 16.9.04) by the Commission of the European Communities against the judgment delivered on 1 July 2004 by the Court of First Instance of the European Communities (Fourth Chamber, Extended Composition) in Case T-308/00 between Salzgitter AG, supported by the Federal Republic of Germany, and the Commission of the European Communities

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2004/C 314/07

Case C-428/04: Action brought on 6 October 2004 by the Commission of the European Communities against the Republic of Austria

4

2004/C 314/08

Case C-441/04: Reference for a preliminary ruling by the Landesgericht Klagenfurt by decision of that court of 13 August 2004 in the case of A-Punkt Schmuckhandels GesmbH against Claudia Schmidt

5

2004/C 314/09

Case C-445/04: Reference for a preliminary ruling by the Finanzgericht Düsseldorf by order of that court of 13 October 2004 in the case of Possehl Erzkontor GmbH against Hauptzollamt Duisburg

6

2004/C 314/10

Case C-447/04: Reference for a preliminary ruling by the Landesgerichts Innsbruck by decision of that court of 30 September 2004 in the case of Autohaus Ostermann GmbH against VAV Versicherungs AG

6

2004/C 314/11

Case C-448/04: Action brought on 27 October 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg

6

2004/C 314/12

Case C-449/04: Action brought on 27 October 2004 by Commission of the European Communities against Grand Duchy of Luxembourg

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2004/C 314/13

Case C-450/04: Action brought on 27 October 2004 by the Commission of the European Communities against the French Republic

7

2004/C 314/14

Case C-451/04: Action brought on 27 October 2004 by the Commission of the European Communities against the French Republic

7

2004/C 314/15

Case C-454/04: Action brought on 28 October 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg

8

2004/C 314/16

Case C-460/04: Action brought on 22 October 2004 by the Commission of the European Communities against the Kingdom of the Netherlands

8

2004/C 314/17

Case C-461/04: Action brought on 22 October 2004 by the Commission of the European Communities against the Kingdom of the Netherlands

8

2004/C 314/18

Case C-468/04: Action brought on 4 November 2004 by the Commission of the European Communities against the Hellenic Republic

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2004/C 314/19

Case C-469/04: Action brought on 4 November 2004 by the Commission of the European Communities against the Hellenic Republic

9

2004/C 314/20

Case C-474/04: Action brought on 10 November 2004 by the Commission of the European Communities against the Hellenic Republic

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2004/C 314/21

Case C-475/04: Action brought on 10 November 2004 by the Commission of the European Communities against the Hellenic Republic

10

2004/C 314/22

Removal from the register of Case C-154/03

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2004/C 314/23

Removal from the register of Case C-186/03 P

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2004/C 314/24

Removal from the register of Case C-274/03

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2004/C 314/25

Removal from the register of Case C-424/03

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2004/C 314/26

Removal from the register of Case C-479/03

11

2004/C 314/27

Removal from the register of Case C-21/04

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2004/C 314/28

Removal from the register of Case C-72/04

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2004/C 314/29

Removal from the register of Case C-115/04

11

COURT OF FIRST INSTANCE

2004/C 314/30

Judgment of the Court of First Instance of 21 October 2004 in Case T-36/99: Lenzing AG v Commission of the European Communities (State aid — Action for annulment — Admissibility — Act of individual concern to the applicant — Article 87(1) EC — Agreements on the rescheduling and repayment of debts — Private creditor test)

12

2004/C 314/31

Judgment of the Court of First Instance of 5 October 2004 in Case T-45/01: Stephen Sanders and Others v Commission of the European Communities (Staff employed at the JET Joint Undertaking — Equal treatment — Failure to confer status of temporary servant — Article 152 EA — Reasonable time — Material damage sustained)

12

2004/C 314/32

Judgment of the Court of First Instance of 14 October 2004 in Case T-1/02, Robert Polinsky v Court of Justice of the European Communities (Officials — Action for damages — Exposure to asbestos — Occupational disease — Damage)

13

2004/C 314/33

Judgment of the Court of First Instance of 14 October 2004 in Case T-44/02: Dresdner Bank AG v Commission of the European Communities (Competition — Article 81 EC — Price-fixing agreement and ways of charging for currency exchange services — Germany — Procedure in default)

13

2004/C 314/34

Judgment of the Court of First Instance of 14 October 2004 in Case T-54/02: Vereins- und Westbank AG v Commission of the European Communities (Competition — Article 81 EC — Price-fixing agreement and ways of charging for currency exchange services — Germany — Procedure in default)

13

2004/C 314/35

Judgment of the Court of First Instance of 14 October 2004 in Case T-56/02: Bayerische Hypo- und Vereinsbank AG v Commission of the European Communities (Competition — Article 81 EC — Price-fixing agreement and ways of charging for currency exchange services — Germany — Procedure in default)

14

2004/C 314/36

Judgment of the Court of First Instance of 14 October 2004 in Case T-60/02: Deutsche Verkehrsbank AG v Commission of the European Communities (Competition — Article 81 EC — Price-fixing agreement and ways of charging for currency exchange services — Germany — Procedure in default)

14

2004/C 314/37

Judgment of the Court of First Instance of 14 October 2004 in Case T-61/02: Commerzbank AG v Commission of the European Communities (Competition — Article 81 EC — Price-fixing agreement and ways of charging for currency exchange services — Germany — Procedure in default)

14

2004/C 314/38

Judgment of the Court of First Instance of 14 October 2004 in Case T-137/02: Pollmeier Malchow GmbH & Co. KG v Commission of the European Communities (State aid — Action for annulment — Recommendation 96/280/EC — Meaning of small and medium-sized enterprises (SMEs))

15

2004/C 314/39

Judgment of the Court of First Instance of 5 October 2004 in Case T-144/02: Richard J. Eagle and Others v Commission of the European Communities (Staff employed at the JET Joint Undertaking — Equal treatment — Failure to confer status of temporary servant — Article 152 EA — Reasonable time — Material damage sustained)

15

2004/C 314/40

Judgment of the Court of First Instance of 14 October 2004 in Case T-255/02, H v Court of Justice of the European Communities (Officials — Action for damages — Exposure to asbestos — Occupational disease — Damage)

16

2004/C 314/41

Judgment of the Court of First Instance of 14 October 2004 in Case T-256/02, I v Court of Justice of the European Communities (Officials — Action for damages — Exposure to asbestos — Occupational disease — Damage)

16

2004/C 314/42

Judgment of the Court of First Instance of 14 October 2004 in Case T-257/02, K v Court of Justice of the European Communities (Officials — Action for damages — Exposure to asbestos — Occupational disease — Damage)

16

2004/C 314/43

Judgment of the Court of First Instance of 6 October 2004 in Case T-294/02: Miguel Vicente-Nuñez v Commission of the European Communities (Compliance with a judgment of the Court of First Instance — Decision on promotion — Seniority in grade — Date of taking effect)

17

2004/C 314/44

Judgment of the Court of First Instance of 6 October 2004 in Case T-356/02: Vitakraft-Werke Wührmann & Sohn GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier figurative mark including the verbal element ‘Krafft’ — Application for Community word mark VITAKRAFT — Relative ground for refusal — Genuine use of the earlier mark — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 — Rule 22(2) of Regulation (EC) No 2868/95)

17

2004/C 314/45

Judgment of the Court of First Instance of 14 October 2004 in Case T-389/02, Sergio Sandini v Court of Justice of the European Communities (Officials — Action for damages — Admissibility — Exposure to asbestos — Occupational disease — Damage)

18

2004/C 314/46

Judgment of the Court of First Instance of 14 October 2004 in Case T-390/02, Antonio Cagnato v Court of Justice of the European Communities (Officials — Action for damages — Admissibility — Exposure to asbestos — Occupational disease — Damage)

18

2004/C 314/47

Judgment of the Court of First Instance 12 October 2004 in Case T-35/03 Aventis Cropscience S.A. v Office for Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Application for registration of Community word mark CARPO — Earlier national word mark HARPO Z — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94)

18

2004/C 314/48

Judgment of the Court of First Instance of 21 October 2004 in Case T-49/03: Gunda Schumann v Commission of the European Communities (Officials — Open competition — Preselection tests — Neutralisation of a multiple-choice question — Principle of proportionality — Breach of the competition notice)

19

2004/C 314/49

Judgment of the Court of First Instance of 6 October 2004 in Joined Cases T-117/03 to T-119/03 and T-171/03: New Look Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier Community figurative mark comprising the letter combination ‘NL’ — Applications for Community figurative marks comprising the terms ‘NLSPORT’, ‘NLJEANS’, ‘NLACTIVE’ and ‘NLCollection’ — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94)

19

2004/C 314/50

Order of the Court of First Instance of 22 September 2004 in Case T-44/03: Giorgio Lebedef and Others v Commission of the European Communities (Officials — Remuneration — Travelling expenses — Amendment of the method of calculation — Second action relating to different years — Res judicata — Absence of material capable of calling in question the judgment delivered — Application manifestly unfounded)

20

2004/C 314/51

Case T-364/04: Action brought on 9 September 2004 by the Hellenic Republic against the Commission of the European Communities

20

2004/C 314/52

Case T-378/04: Action brought on 22 September 2004 by Orsay GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

21

2004/C 314/53

Case T-383/04: Action brought on 22 September 2004 by Erich Drazdansky against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

21

2004/C 314/54

Case T-391/04: Action brought on 28 September 2004 by Bernard Nonat against Commission of the European Communities

22

2004/C 314/55

Case T-397/04: Action brought on 6 October 2004 by MobilCom Aktiengesellschaft against the Commission of the European Communities

23

2004/C 314/56

Case T-405/04: Action brought on 11 October 2004 by Borco-Marken-Import Matthiesen GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

23

2004/C 314/57

Case T-414/04: Action brought on 11 October 2004 by the Federal Republic of Germany against the Commission of the European Communities

24

2004/C 314/58

Case T-423/04: Action brought on 8 October 2004 by Bunker & BKR, S.L. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

24

2004/C 314/59

Case T-424/04: Action brought on 15 October 2004 by Angel Angelidis against European Parliament

25

2004/C 314/60

Case T-426/04: Action brought on 20 October 2004 by Tramarin s.n.c. di Tramarin Andrea e Sergio against the Commission of the European Communities

26

2004/C 314/61

Case T-431/04: Action brought on 19 October 2004 by the Italian Republic against the Commission of the European Communities

26

2004/C 314/62

Case T-447/04: Action brought on 15 November 2004 by Capgemini Nederland B.V. against the Commission of the European Communities

27

2004/C 314/63

Removal from the Register of Case T-105/02

28

2004/C 314/64

Removal from the Register of Case T-187/04

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III   Notices

2004/C 314/65

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 300, 4.12.2004

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