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Document C:2002:169:TOC
Official Journal of the European Communities, C 169, 13 July 2002
Official Journal of the European Communities, C 169, 13 July 2002
Official Journal of the European Communities, C 169, 13 July 2002
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| Official Journal of the European Communities | ISSN
0378-6986 C 169 Volume 45 13 July 2002 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2002/C 169/01 | Judgment of the Court 4 June 2002 in Case C-367/98: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) — System of administrative authorisation relating to privatised undertakings) | 1 | |
| 2002/C 169/02 | Judgment of the Court (Fifth Chamber) 16 May 2002 in Case C-232/99: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 93/16/EEC — Transposition of Articles 8 and 18 — Access to additional training for migrant doctors who wish to practise specialised medicine in the host Member State on the basis of a diploma, certificate or other evidence of formal qualifications of specialist doctors which is not the subject of automatic unconditional recognition under that directive — Obligation for migrant doctors in Spain to sit the standard competition for admission to training in specialised medicine — Requirement for affiliation to a public social security body for the settlement of accounts relating to medical services with an insurance body) | 2 | |
| 2002/C 169/03 | Judgment of the Court (Sixth Chamber) 16 May 2002 in Case C-321/99 P: Associação dos Refinadores de Açúcar Portugueses (ARAP), Alcântara Refinarias — Açúcares SA and Refinarias de Açúcar reunidas SA (RAR) v Commission of the European Communities (Appeal — State aid — Common agricultural policy — Sugar — Aid granted in implementation of a general State aid scheme approved by the Commission — Contribution by a Member State to the financing of a project eligible for the European Agricultural Guidance and Guarantee Fund, Guidance Section — Aid for vocational training) | 2 | |
| 2002/C 169/04 | Judgment of the Court 16 May 2002 in Case C-482/99: French Republic v Commission of the European Communities (State aid — Article 87(1) EC — Aid granted by the French Republic to Stardust Marine — Decision 2000/513/EC — State resources — Imputability to the State — Prudent investor operating in a market economy) | 3 | |
| 2002/C 169/05 | Judgment of the Court 4 June 2002 in Case C-483/99: Commission of the European Communities v Republic of France (Failure by a Member State to fulfil its obligations — Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) — Rights attaching to the "golden share" held by the French Republic in Société Nationale Elf-Aquitaine) | 3 | |
| 2002/C 169/06 | Judgment of the Court 4 June 2002 in Case C-503/99: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) — Rights attaching to the "golden shares" held by the Kingdom of Belgium in Société nationale de transport par canalisations SA and in Société de distribution du gaz SA) | 4 | |
| 2002/C 169/07 | Judgment of the Court (Second Chamber) 16 May 2002 in Case C-508/99 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Palais am Stadtpark Hotelbetriebsgesellschaft mbH & Co. KG v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland (Raising of capital — Directive 69/335/EEC — Scope of application — Limited partnership — Assignment of limited partner's share to a company with limited liability — Levy, after the assignment and the entry into force of the directive, of duty directly proportional to the amount of the contribution) | 5 | |
| 2002/C 169/08 | Judgment of the Court (Fifth Chamber) 30 May 2002 in Case C-516/99 (Reference for a preliminary ruling from the Berufungssenat V der Finanzlandesdirektion für Wien, Niederösterreich und Burgenland): Walter Schmid (Concept of "court or tribunal of a Member State" within the meaning of Article 234 EC — Lack of jurisdiction of the Court of Justice) | 6 | |
| 2002/C 169/09 | Judgment of the Court 14 May 2002 in Case C-2/00 (Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf): Michael Hölterhoff v Ulrich Freiesleben (Approximation of laws — Trade marks — Directive 89/104/EEC — Article 5(1) — Scope of the proprietor's exclusive right to the trade mark — Third party — Use of the trade mark for descriptive purposes) | 6 | |
| 2002/C 169/10 | Judgment of the Court (Sixth Chamber) 16 May 2002 in Case C-63/00 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Land Baden-Württemberg and Günther Schilling, participant: Oberbundesanwalt beim Bundesverwaltungsgericht, v Bezirksregierung Lüneburg and Hans-Otto Nehring, participant: Oberbundesanwalt beim Bundesverwaltungsgericht (Common agricultural policy — Regulation (EEC) No 3887/92 — Integrated administration and control system for certain Community aid schemes — Implementing rules — Application for "livestock" aid — Checks on animals — Reduction of the amount of aid) | 6 | |
| 2002/C 169/11 | Judgment of the Court 4 June 2002 in Case C-99/00 (Reference for a preliminary ruling from the Hovrätten för Västra Sverige): Kenny Roland Lyckeskog (Questions for a preliminary ruling — Obligation to refer — Court or tribunal against whose decisions there is no judicial remedy under national law — Interpretation of Regulation (EEC) No 918/83 — Community system of reliefs from customs duty) | 7 | |
| 2002/C 169/12 | Judgment of the Court 4 June 2002 in Case C-164/00 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division): Katia Beckmann v Dynamco Whicheloe Macfarlane Ltd (Directive 77/187/EEC — Safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses — Conditions for appplying exceptions to maintenance of rights — Benefits provided for in the event of dismissal) | 8 | |
| 2002/C 169/13 | Judgment of the Court (Second Chamber) 30 May 2002 in Joined Cases C-284/00 and C-288/00 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Stratmann GmbH und Co. KG v Landrätin des Kreises Wesel (C-284/00) and Fleischversorgung Neuss GmbH und Co. v Landrat des Kreises Neuss (C-288/00) (Common agricultural policy — Fees for health inspections and controls in respect of fresh meat) | 8 | |
| 2002/C 169/14 | Judgment of the Court (Second Chamber) 30 May 2002 in Case C-296/00 (Reference for a preliminary ruling from the Corte suprema di cassazione): Prefetto Provincia di Cuneo v Silvano Carbone (Regulations (EC) Nos 519/94 and 3285/94 — Scope — Placing on the market of cordless telephones coming from third countries) | 9 | |
| 2002/C 169/15 | Judgment of the Court (Second Chamber) 14 May 2002 in Case C-383/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 96/82/EC — Failure to implement within the prescribed period) | 9 | |
| 2002/C 169/16 | Judgment of the Court (Second Chamber) 16 May 2002 in Case C-384/00 (Reference for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht): Heinrich Bredemeier v Landwirtschaftskammer Hannover (Common agricultural policy — Milk quota scheme — Grant of a special reference quantity — Beneficiaries — Producers who take over a holding by similar means to inheritance after the expiry of the non-marketing undertaking entered into by their predecessors — Interpretation of Article 3a of Regulation (EEC) No 857/84, as amended by Regulation (EEC) No 1639/91) | 10 | |
| 2002/C 169/17 | Judgment of the Court (First Chamber) 30 May 2002 in Case C-441/00: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Directive 96/48/EC — Interoperability of the trans-European high-speed rail system) | 10 | |
| 2002/C 169/18 | Judgment of the Court (Fourth Chamber) 16 May 2002 in Case C-142/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 92/51/EEC — System for the recognition of professional education and training — Ski monitor) | 11 | |
| 2002/C 169/19 | Judgment of the Court (Third Chamber) 30 May 2002 in Case C-323/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 98/101/EC — Batteries and accumulators containing certain dangerous substances) | 11 | |
| 2002/C 169/20 | Judgment of the Court (First Chamber) 16 May 2002 in Case C-372/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC) | 12 | |
| 2002/C 169/21 | Judgment of the Court (First Chamber) 30 May 2002 in Case C-376/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC) | 12 | |
| 2002/C 169/22 | Order of the Court of 13 March 2002 in Case C-344/00 P: Michel Hendrickx v European Centre for the Development of Vocational Training (Cedefop) (Appeal — Officials — Non-renewal of contract as a member of the temporary staff — Rejection of application for post — Admissibility — Competence — Legality of vacancy notices) | 13 | |
| 2002/C 169/23 | Order of the Court (Fourth Chamber) of 2 May 2002 in Case C-43/01 P: Sandro Cognigni v Commission of the European Communities (Appeal — Officials — Appeal manifestly unfounded) | 13 | |
| 2002/C 169/24 | Order of the Court (Third Chamber) of 30 April 2002 in Case C-181/01 P: N v Commission of the European Communities (Appeal — Officials — Social security — Article 73 of the Staff Regulations — Definition of "accident" — Refusal to recognise HIV infection as an accident) | 14 | |
| 2002/C 169/25 | Case C-78/02: Reference for a preliminary ruling by the Athens Appeal Court by order of that Court of 31 January 2002 in the case of the Greek State against Maria Karageorgou | 14 | |
| 2002/C 169/26 | Case C-90/02: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 22 November 2001 in the case of Finanzamt Gummersbach against Gerhard Bockemühl | 14 | |
| 2002/C 169/27 | Case C-137/02: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 23 January 2002 in the case of Finanzamt Offenbach am Main-Land against Faxworld Vorgründungsgesellschaft Peter Hünninghausen und Wolfgang Klein GbR | 15 | |
| 2002/C 169/28 | Case C-141/02 P: Appeal brought on 15 April 2002 by the Commission of the European Communities against the judgment delivered on 30 January 2002 by the Court of First Instance of the European Communities (Second Chamber, Extended Composition) in Case T-54/99 max.mobil Telekommunikation Service GmbH v Commission of the European Communities, supported by the Kingdom of the Netherlands | 15 | |
| 2002/C 169/29 | Case C-150/02 P: Appeal brought on 25 April 2002 by Streamserve Inc. against the judgment delivered on 27 February 2002 by the Fourth Chamber of the Court of First Instance of the European Communities in case T-106/00 between Streamserve Inc. and the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) | 16 | |
| 2002/C 169/30 | Case C-155/02: Action brought on 26 April 2002 by the Commission of the European Communities against the Republic of Austria | 16 | |
| 2002/C 169/31 | Case C-157/02: Reference for a preliminary ruling by the Republic of Austria Oberster Gerichtshof by order of that Court of 22 March 2002 in the case of Rieser Internationale Transporte GmbH against ASFINAG Autobahnen- und Schnellstraßen Finanzierungs-Aktiengesellschaft | 17 | |
| 2002/C 169/32 | Case C-159/02: Reference for a preliminary ruling by the House of Lords by order of that court dated 13 December 2001, in the case of Gregory Paul Turner against 1) Felix Fareed Ismail Grovit, 2) Harada Ltd, 3) Changepoint S.A. | 18 | |
| 2002/C 169/33 | Case C-160/02: Reference for a preliminary ruling by the Republic of Austria Oberster Gerichtshof by order of that Court of 26 March 2002 in the case of Friedrich Skalka against Sozialversicherungsanstalt der gewerblichen Wirtschaft | 18 | |
| 2002/C 169/34 | Case C-161/02: Action brought on 30 April 2002 by the Commission of the European Communities against the French Republic | 18 | |
| 2002/C 169/35 | Case C-168/02: Reference for a preliminary ruling by the Oberster Gerichtshof (Austria) by order of that Court of 9 April 2002 in the case of Rudolf Kronhofer against (1) Marianne Maier, (2) Christian Möller, (3) Wirich Hofius and (4) Zeki Karan | 19 | |
| 2002/C 169/36 | Case C-171/02: Action brought on 8 May 2002 by the Commission of the European Communities against the Portuguese Republic | 19 | |
| 2002/C 169/37 | Case C-173/02: Action brought on 13 May 2002 by the Kingdom of Spain against the Commission of the European Communities | 21 | |
| 2002/C 169/38 | Case C-174/02: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 8 March 2002 in the appeal brought by Streekgewest Westelijk Noord-Brabant and Staatssecretaris van Financiën | 21 | |
| 2002/C 169/39 | Case C-175/02: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 8 March 2002 in the case of F. J. Pape against Ministry of Agriculture, Nature Management and Fisheries | 22 | |
| 2002/C 169/40 | Case C-176/02 P: Appeal brought on 13 May 2002 by Laboratoire Monique Rémy against the order delivered on 26 March 2002 by the First Chamber of the Court of First Instance of the European Communities in Case T-218/01 between Laboratoire Monique Rémy and Commission of the European Communities | 22 | |
| 2002/C 169/41 | Case C-181/02 P: Appeal brought on 15 May 2002 by the Commission of the European Communities against the judgment delivered on 28 February 2002 by the Court of First Instance of the European Communities (Fourth Chamber, Extended Composition) in Joined Cases T-227/99 and T-134/00 Kvaerner Warnow Werft GmbH v Commission of the European Communities | 23 | |
| 2002/C 169/42 | Case C-182/02: Reference for a preliminary ruling by the Conseil d'Etat by judgment of that Court of 25 January 2002 in the case of Ligue pour la protection des oiseaux, the Association pour la protection des animaux sauvages, Rassemblement des opposants à la chasse, Union nationale des fédérations départementales de chasseurs and Association nationale des chasseurs de gibier d'eau against République française | 24 | |
| 2002/C 169/43 | Case C-184/02: Action brought on 16 May 2002 by the Kingdom of Spain against the Council of the European Union | 24 | |
| 2002/C 169/44 | Case C-190/02: Reference for a preliminary ruling by the Giudice di Pace of Genoa-Voltri by order of that Court of 9 April 2002 in the case of Viacom Outdoor S.r.l. against Société GIOTTO Immobilier S.a.r.l. | 25 | |
| 2002/C 169/45 | Case C-192/02: Action brought on 23 May 2002 by the Commission of the European Communities against the Republic of Austria | 25 | |
| 2002/C 169/46 | Case C-194/02: Action brought on 24 May 2002 by the Commission of the European Communities against the Republic of Austria | 26 | |
| 2002/C 169/47 | Case C-196/02: Reference for a preliminary ruling by the Irinodikio Athinon by judgment of that court of 13 May 2002 in the case of Vasiliki Nikoloudi against Organismos Tilepikinonion Elladas (OTE) | 26 | |
| 2002/C 169/48 | Case C-209/02: Action brought on 4 June 2002 by the Commission of the European Communities against the Republic of Austria | 27 | |
| 2002/C 169/49 | Removal from the register of Case C-479/01 | 28 | |
| 2002/C 169/50 | Judgment of the Court of First Instance 28 February 2002 in Case T-86/95: Compagnie générale maritime v Commission of the European Communities (Competition — Liner conferences — Intermodal transport — Regulation (EEC) No 4056/86 — Scope — Block exemption — Regulation No 1017/68 — Individual exemption — Fine) | 29 | |
| 2002/C 169/51 | Judgment of the Court of First Instance of 10 April 2002 in Case T-209/00, Frank Lamberts v European Ombudsman (Action for damages — Admissibility — Non-contractual liability — European Ombudsman — Conduct of Ombudsman in dealing with a complaint) | 29 | |
| 2002/C 169/52 | Judgment of the Court of First Instance 3 May 2002 in Case T-177/01: Jégo-Quéré et Cie SA v Commission of the European Communities (Fisheries — Regulation (EC) No 1162/2001 — Recovery of the stock of hake — Fishing company — Action for annulment — Person individually concerned — Admissibility) | 30 | |
| 2002/C 169/53 | Judgment of the Court of First Instance 30 April 2002 In Joined Cases T-195/01 and T-207/01: Government of Gibraltar v Commission of the European Communities (State aid — Tax legislation — Existing aid or new aid — Initiation of the formal investigation procedure provided for in Article 88(2) EC) | 30 | |
| 2002/C 169/54 | Order of the Court of First Instance of 9 April 2002 in Case T-210/93: H. Hepp v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Producers subscribed to non-marketing or reconversion undertakings — No need to adjudicate) | 31 | |
| 2002/C 169/55 | Order of the Court of First Instance of 16 April 2002 in Case T-64/00: Continental and Overseas Investments N.V. v Commission of the European Communities (Action for annulment — Importation of television sets from Turkey — No need to adjudicate) | 31 | |
| 2002/C 169/56 | Order of the Court of First Instance of 16 April 2002 in Case T-204/00: CCBB Vervoer- en Distributiecentrum B.V. v Commission of the European Communities (Action for annulment — Imports of television sets from Turkey — Case not proceeding to judgment) | 31 | |
| 2002/C 169/57 | Order of the President of the Court of First Instance of 27 February 2002 in Case T-132/01 R: Euroalliages and Others v Commission of the European Communities (Application for interim measures — Appeal — Referral back to the Court of First Instance — Dumping — Decision terminating expiry review — Urgency — Lack of urgency) | 32 | |
| 2002/C 169/58 | Order of the President of the Court of First Instance of 4 April 2002 in Case T-198/01 R: Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (Proceedings for interim measures — Admissibility — State aid — Obligation to recover aid — Prima facie case — Urgency — Weighing up of interests) | 32 | |
| 2002/C 169/59 | Case T-82/02: Action brought on 18 March 2002 by Wolf-Dieter Graf Yorck von Wartenburg against the European Parliament and the Commission of the European Communities | 33 | |
| 2002/C 169/60 | Case T-107/02: Action brought on 5 April 2002 by BetzDearborn, Inc. against the Office for Harmonisation in the Internal Market | 33 | |
| 2002/C 169/61 | Case T-118/02: Action brought on 16 April 2002 by Arjo Wiggins Appleton Limited against the Commission of the European Communities | 34 | |
| 2002/C 169/62 | Case T-119/02: Action brought on 17 April 2002 by Royal Philips Electronics N.V. against the Commission of the European Communities | 35 | |
| 2002/C 169/63 | Case T-122/02: Action brought on 17 April 2002 by Mitsubishi HiTec Paper Bielefeld GmbH against the Commission of the European Communities | 35 | |
| 2002/C 169/64 | Case T-123/02: Action brought on 16 April 2002 by Carrs Paper Ltd. against the Commission of the European Communities | 36 | |
| 2002/C 169/65 | Case T-129/02: Action brought on 17 April 2002 by Torraspapel SA against the Commission of the European Communities | 37 | |
| 2002/C 169/66 | Case T-130/02: Action brought on 17 April 2002 by Kronopoly GmbH & Co. KG against the Commission of the European Communities | 37 | |
| 2002/C 169/67 | Case T-131/02: Action brought on 23 April 2002 by Travelex Global and Financial Services Limited and Interpayment Services Limited against the Commission of the European Communities | 38 | |
| 2002/C 169/68 | Case T-135/02: Action brought on 25 April 2002 by Greencore Group plc against the Commission of the European Communities | 38 | |
| 2002/C 169/69 | Case T-137/02: Action brought on 29 April 2002 by Pollmeier Malchow GmbH & Co. KG against the Commission of the European Communities | 39 | |
| 2002/C 169/70 | Case T-138/02: Action brought on 26 April 2002 by Nanjing Metalink International Co. Ltd. against the Council of the European Union | 39 | |
| 2002/C 169/71 | Case T-139/02: Action brought on 29 April 2002 by the public limited company Idiotiko Institouto Epangelmatikis Katartisis N. Avgerinopoulou — Anagnorismenes Technikes Idiotikes Epangelmatikes Scholes, the Panellinia Enosi Idiotikon Institouton Epangelmatikis Katartisis and the Panellinia Enosi Idiotikis Technikis Epangelmatikis Ekpaidefsis kai Katartisis against the Commission of the European Communities | 40 | |
| 2002/C 169/72 | Case T-140/02: Action brought on 2 May 2002 by Sportwetten GmbH Gera against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 41 | |
| 2002/C 169/73 | Case T-141/02: Action brought on 3 May 2002 by Vetoquinol AG (formerly Chassot AG) against the Office for Harmonisation in the Internal Market | 41 | |
| 2002/C 169/74 | Case T-144/02: Action brought on 7 May 2002 by Richard J. Eagle, John G. Fanthome, Martin Gardener, Robert C. Walton, David Sands, Alexander Gaberscik, Beryl Marrs, Clifford Marren, Robert Felton, Carol Brickley, TF Atkins, Michael George Grant and Edward Junger against the Commission of the European Communities | 42 | |
| 2002/C 169/75 | Case T-156/02: Action brought on 15 May 2002 by Sunrider Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 42 | |
| 2002/C 169/76 | Removal from the register of Case T-203/00 | 43 | |
| 2002/C 169/77 | Removal from the register of Case T-309/00 | 43 | |
| 2002/C 169/78 | Removal from the register of Case T-14/02 | 43 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2002/C 169/79 | Last publication of the Court of Justice in the
Official Journal of the European Communities OJ C 156, 29.6.2002 | 44 | |
| EN | |||