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Document C:2003:146:TOC
Official Journal of the European Union, C 146, 21 June 2003
Official Journal of the European Union, C 146, 21 June 2003
Official Journal of the European Union, C 146, 21 June 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 146 Volume 46 21 June 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 146/01 | Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-349/97: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — 1993) | 1 | |
| 2003/C 146/02 | Judgment of the Court (Sixth Chamber) of 8 May 2003 In Joined Cases C-328/99 and C-399/00: Italian Republic and SIM 2 Multimedia SpA v Commission of the European Communities (Action for annulment — Decision 2000/536/EC — State aid granted to Seleco SpA) | 1 | |
| 2003/C 146/03 | Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-392/99: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Directive 75/439/EEC — Disposal of waste oils — Incomplete transposition) | 2 | |
| 2003/C 146/04 | Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-142/00 P: Commission of the European Communities v Nederlandse Antillen (Appeal — Arrangements for association of the overseas countries and territories — Imports of rice originating in the overseas countries and territories — Safeguard measures — Regulations (EC) No 2352/97 and No 2494/97 — Action for annulment — Inadmissibility of the action) | 3 | |
| 2003/C 146/05 | Judgment of the Court (Sixth Chamber) of 3 April 2003 in Case C-144/00 (Reference for a preliminary ruling from the Bundesgerichtshof): Matthias Hoffmann (VAT — Sixth Directive — Exemptions for certain activities in the public interest — Body — Meaning — Services performed by a natural person — Cultural services by a soloist) | 4 | |
| 2003/C 146/06 | Judgment of the Court (Fifth Chamber) of 8 May 2003 in Case C-269/00 (Reference for a preliminary ruling from the Bundesfinanzhof): Wolfgang Seeling v Finanzamt Starnberg, (Sixth VAT Directive — Articles 6(2)(a) and 13B(b) — Private use by the taxable person of a dwelling in a building forming, in its entirety, part of the assets of the business — Such use not equivalent to the leasing or letting of immovable property) | 4 | |
| 2003/C 146/07 | Judgment of the Court (Fifth Chamber) of 8 May 2003 in Case C-438/00 (Reference for a preliminary ruling from the Oberlandesgericht Hamm): Deutscher Handballbund eV v Maros Kolpak (External relations — Association Agreement between the Communities and Slovakia — Article 38(1) — Free movement of workers — Principle of non-discrimination — Handball — Limitation on the number of professional players having the nationality of non-member countries who may play on a team in the league of a sports federation) | 5 | |
| 2003/C 146/08 | Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-15/01 (Reference for a preliminary ruling from the Regeringsrätten ): Paranova Läkemedel AB and Others v Läkemedelsverket (Interpretation of Article 28 EC and Article 30 EC — Medicinal products — Withdrawal of parallel import licence in consequence of waiver of the marketing authorisation for the medicinal product of reference by the holder of that authorisation) | 5 | |
| 2003/C 146/09 | Judgment of the Court (Fifth Chamber) of 10 April 2003 In Joined Cases C-20/01 and C-28/01: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Admissibility — Legal interest in bringing proceedings — Directive 92/50/EEC — Procedures for the award of public service contracts — Negotiated procedure without prior publication of a contract notice — Conditions) | 6 | |
| 2003/C 146/10 | Judgment of the Court of 6 May 2003 in Case C-104/01 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden): Libertel Groep BV v Benelux-Merkenbureau, (Trade marks — Approximation of laws — Directive 89/104/EEC — Signs capable of constituting a trade mark— Distinctive character — Colour per se — Orange) | 6 | |
| 2003/C 146/11 | Judgment of the Court (Fifth Chamber) of 8 May 2003 in Case C-111/01 (Reference for a preliminary ruling from the Oberster Gerichtshof): Gantner Electronic GmbH v Basch Exploitatie Maatschappij BV (Brussels Convention — Article 21 — Lis pendens — Set-off) | 7 | |
| 2003/C 146/12 | Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-113/01 (Reference for a preliminary ruling from the Högsta förvaltningsdomstolen): Paranova Oy (Interpretation of Article 28 EC and Article 30 EC — Medicinal products — Withdrawal of parallel import licence in consequence of waiver of the marketing authorisation for the medicinal product of reference) | 8 | |
| 2003/C 146/13 | Judgment of the Court (Fifth Chamber) of 3 April 2003 in Case C-116/01 (Reference for a preliminary ruling from the Raad van State): SITA EcoService Nederland BV, formerly Verol Recycling Limburg BV v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Environment — Waste — Regulation (EEC) No 259/93 — Directive 75/442/EEC — Treatment of waste in several stages — Use of waste as fuel in the cement industry and use of incineration residues as raw material in cement manufacture — Classification as a recovery operation or as a disposal operation — Concept of the use of waste principally as a fuel or other means to generate energy) | 8 | |
| 2003/C 146/14 | Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-122/01 P: T. Port GmbH & Co. KG v Commission of the European Communities (Appeal — Bananas — Common organisation of the markets — Regulation (EC) No 478/95 — Export licence scheme — Action for damages — Proof of damage and causal link) | 9 | |
| 2003/C 146/15 | Judgment of the court (Sixth Chamber) of 8 May 2003 in Case C-171/01 (Reference for a preliminary ruling from the Verfassungsgerichtshof): Wählergruppe "Gemeinsam Zajedno/Birlikte Alternative und Grüne GewerkschafterInnen/UG" (EEC-Turkey Association — Freedom of movement for workers — Article 10(1) of Decision No 1/80 of the Association Council — Prohibition of discrimination as regards conditions of work — Direct effect — Scope — Legislation of a Member State excluding Turkish workers from eligibility for election to a chamber of workers) | 9 | |
| 2003/C 146/16 | Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-217/01 P: Michel Hendrickx v Centre européen pour le développement de la formation professionnelle (Cedefop) (Appeal — Officials — Resettlement Allowance — Action which has become devoid of purpose — No need to adjudicate) | 10 | |
| 2003/C 146/17 | Judgment of the Court (Second Chamber) of 8 May 2003 in Case C-268/01 (Reference for a preliminary ruling from the Verwaltungsgericht Weimar): Agrargenossenschaft Alkersleben eG, v Freistaat Thüringen, (Milk and milk products — Council Regulation (EEC) No 3950/92 — Scheme applicable to the territory of the former German Democratic Republic — Reference quantities — Concepts of "producer" and "holding" — Lessee of a holding situated within that territory) | 10 | |
| 2003/C 146/18 | Judgment of the Court (Fifth Chamber) of 3 April 2003 in Case C-277/01 P: European Parliament v Ignacio Samper (Appeals — Officials — Reconstruction of career — Consideration of comparative merits) | 11 | |
| 2003/C 146/19 | Judgment of the Court (Fifth Chamber) of 8 May 2003 in Case C-384/01: Commission of the European Communities v French Republic (Failure of a State to fulfil obligations — Sixth VAT Directive — Article 12(3)(a) and (b) — Supplies of gas and electricity delivered by the public networks — Standing charge for supply networks — Reduced rate) | 11 | |
| 2003/C 146/20 | Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-14/02 (Reference for a preliminary ruling from the Conseil d'État): ATRAL SA v Belgian State, (Free movement of goods — Alarm systems and networks — Interpretation of Articles 28 EC and 30 EC — Interpretation of Directives 73/23/EEC, 89/336/EEC and 1999/5/EEC — Compatibility of national legislation making marketing subject to a prior approval procedure) | 12 | |
| 2003/C 146/21 | Order of the Court (First Chamber) of 6 March 2003 in Case C-449/01 Reference for a preliminary ruling by the Court of Appeal (England and Wales) (Civil Division): Abbey Life Assurance Co. Ltd v Kok theam Yeap (Article 104(3) of the Rules of Procedure — Directive 86/653/EEC — Coordination of the laws of the Member States relating to self-employed commercial agents — Applicability to agents in the insurance and financial services fields) | 13 | |
| 2003/C 146/22 | Case C-40/03 P: Appeal brought on 4 February 2003 by Rica Foods (Free Zone) NV against the judgment delivered on 14 November 2002 by the Court of First Instance (Third Chamber) in Joined Cases T-332/00 and T-350/00 Rica Foods (Free Zone) NV, supported by the Kingdom of the Netherlands and Free Trade Foods NV, v Commission of the European Communities, supported by the Kingdom of Spain | 13 | |
| 2003/C 146/23 | Case C-70/03: Action brought on 17 February 2003 by the Commission of the European Communities against the Kingdom of Spain | 14 | |
| 2003/C 146/24 | Case C-96/03: Reference for a preliminary ruling by the College van Beroep voor het Bedrijfsleven by judgment of that Court of 7 January 2003 in the proceedings between A. Tempelman and Directeur van de Rijksdienst voor de keuring van Vee en Vlees | 14 | |
| 2003/C 146/25 | Case C-97/03: Reference for a preliminary ruling by the College van Beroep voor het Bedrijfsleven by judgment of that Court of 7 January 2003 in the proceedings between Mr and Mrs T.H.J.M. van Schaijk and Directeur van de Rijksdienst voor de keuring van Vee en Vlees | 15 | |
| 2003/C 146/26 | Case C-98/03: Action brought on 28 February 2003 by the Commission of the European Communities against the Federal Republic of Germany | 15 | |
| 2003/C 146/27 | Case C-105/03: Reference for a preliminary ruling by the Tribunale di Firenze by order of that Court of 3 February 2003 in the criminal proceedings against Maria Pupino | 16 | |
| 2003/C 146/28 | Case C-106/03 P: Appeal brought on 27 February 2003 by fax, confirmed by original lodged on 7 March 2003, by Védial SA against the judgment delivered on 12 December 2002 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-110/01 between Védial SA and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), the other party being France Distribution | 16 | |
| 2003/C 146/29 | Case C-107/03 P: Appeal brought on 27 February 2003 by fax, confirmed by the original lodged on 7 March 2003, by The Procter & Gamble Company against the judgment delivered on 12 December 2002 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-63/01 between The Procter & Gamble Company and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 17 | |
| 2003/C 146/30 | Case C-109/03: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by judgment of that Court of 8 January 2003 in the case of KPN Telecom B.V. against Onafhankelijke Post en Telecommunicatie Autoriteit; Interested parties: Denda Multimedia B.V. and Denda Directory Services B.V. | 18 | |
| 2003/C 146/31 | Case C-116/03 P: Appeal brought on 14 March 2003 by Augusto Fichtner, a former official of the Commission of the European Communities, against the judgment of 16 January 2003 of the Fourth Chamber of the Court of First Instance in Case T-75/00 Augusto Fichtner v Commission | 19 | |
| 2003/C 146/32 | Case C-117/03: Reference for a preliminary ruling by the Consiglio di Stato in sede giurisdizionale, Sezione Sesta by order of that Court of 17 December 2002 in the case of Società Italiana Dragaggi s.p.a. against Ministero delle Infrastrutture e dei Trasporti and Regione Autonoma del Friuli Venezia Giulia | 19 | |
| 2003/C 146/33 | Case C-124/03: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by judgment of that Court of 11 March 2003 in the case of (1) Artrada (Freezone) NV, (2) Videmecum BV and (3) Jac. Meisner Internationaal Expeditiebedrijf BV against Rijksdienst voor de Keuring van Vee en Vlees | 20 | |
| 2003/C 146/34 | Case C-126/03: Action brought on 20 March 2003 by the Commission of the European Communities against the Federal Republic of Germany | 20 | |
| 2003/C 146/35 | Case C-128/03 and C-129/03: Reference for a preliminary ruling by the Consiglio di Stato by order of that Court of 14 January 2003 in the appeal brought by AEM SpA (C-128/03) and by AEM Torino SpA (C-129/03) against l'Autorità per l'energia elettrica e per il gas; Third party: ENEL Produzione SpA | 21 | |
| 2003/C 146/36 | Case C-130/03: Action brought on 24 March 2003 by the Commission of the European Communities against the Italian Republic | 21 | |
| 2003/C 146/37 | Case C-131/03 P: Appeal brought on 25 March 2003 by R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R. J. Reynolds Tobacco Company, R. J. Reynolds Tobacco International Inc., and Japan Tobacco, Inc., against the judgment delivered on 15 January 2003 by the Second Chamber (Extended Composition) of the Court of First Instance of the European Communities in joined cases T-377/00, T-379/00, T-380/00, T-260/01 and T-272/01 between Philip Morris International, Inc., R. J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R. J. Reynolds Tobacco Company, R. J. Reynolds Tobacco International Inc. and Japan Tobacco, Inc., and Commission of the European Communities, supported by European Parliament, Kingdom of Spain, French Republic, Italian Republic, Portuguese Republic, Republic of Finland, Federal Republic of Germany, Hellenic Republic, Kingdom of the Netherlands | 22 | |
| 2003/C 146/38 | Case C-134/03: Reference for a preliminary ruling by the Giudice di Pace of Genoa-Voltri by order of that Court of 10 March 2003 in the case of Viacom Outdoor S.r.l. against Société GIOTTO Immobilier S.a.r.l. | 23 | |
| 2003/C 146/39 | Case C-135/03: Action brought on 26 March 2003 by the Commission of the European Communities against the Kingdom of Spain | 24 | |
| 2003/C 146/40 | Case C-139/03: Action brought on 27 March 2003 by the Commission of the European Communities against the Federal Republic of Germany | 24 | |
| 2003/C 146/41 | Case C-141/03: Action brought on 28 March 2003 by the Commission of the European Communities against the Kingdom of Sweden | 25 | |
| 2003/C 146/42 | Case C-142/03: Action brought on 31 March 2003 by the Commission of the European Communities against the Kingdom of Spain | 25 | |
| 2003/C 146/43 | Case C-144/03: Action brought on 31 March 2003 by Commission of the European Communities against Portuguese Republic | 26 | |
| 2003/C 146/44 | Case C-145/03: Reference for a preliminary ruling by the Juzgado de lo Social by order of that Court of 6 November 2002 in the social security proceedings brought by Ms Annette Keller against Instituto Nacional de la Salud (INSALUD) and Instituto Nacional de la Seguridad Social (INSS) | 26 | |
| 2003/C 146/45 | Case C-146/03 P: Appeal brought on 31 March 2003 by Philip Morris International, Inc., against the judgment delivered on 15 January 2003 by the Second Chamber (Extended Composition) of the Court of First Instance of the European Communities in joined cases T-377/00, T-379/00, T-380/00, T-260/01 and T-272/01 between Philip Morris International, Inc., R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International Inc., and Japan Tobacco, Inc., and Commission of the European Communities, supported by European Parliament, Kingdom of Spain, French Republic, Italian Republic, Portuguese Republic, Republic of Finland, Federal Republic of Germany, Hellenic Republic, Kingdom of the Netherlands | 27 | |
| 2003/C 146/46 | Case C-148/03: Reference for a preliminary ruling by the Oberlandesgericht München — Zivilsenate in Augsburg — by order of that Court of 27 March 2003 in the case of Nürnberger Allgemeine Versicherungs AG against Portbridge Transport International B.V. | 28 | |
| 2003/C 146/47 | Case C-153/03: Reference for a preliminary ruling by the Cour de Cassation of the Grand Duchy of Luxembourg by judgment of that Court of 6 March 2003 in the case of Caisse Nationale des Prestations Familiales against Ursula SCHWARZ, née WEIDE | 28 | |
| 2003/C 146/48 | Case C-154/03: Action brought on 3 April 2003 by the Commission of the European Communities against Ireland | 28 | |
| 2003/C 146/49 | Case C-156/03 P: Appeal brought on 4 April 2003 by the Commission of the European Communities against the judgment delivered on 28 January 2003 by the Second Chamber (Extended Composition) of the Court of First Instance of the European Communities in case T-147/00 between Les Laboratoires Servier and the Commission of the European Communities | 29 | |
| 2003/C 146/50 | Case C-160/03: Action brought on 8 April 2003 by Kingdom of Spain against Eurojust | 30 | |
| 2003/C 146/51 | Case C-164/03: Action brought on 9 April 2003 by the Commission of the European Communities against the Republic of Austria | 31 | |
| 2003/C 146/52 | Case C-170/03: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 11 April 2003 in the appeal in cassation by the State Secretary for Finances against Mr J.H.M. Feron | 32 | |
| 2003/C 146/53 | Case C-171/03: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by judgment of that Court of 2 April 2003 in the proceedings between 1. Maatschap Toeters, 2. M.C. Verberk, trading under the name of "firma Verbek-Voeten" and Productschap Vee en Vlees | 32 | |
| 2003/C 146/54 | Case C-177/03: Action brought on 16 April 2003 against the French Republic by the Commission of the European Communities | 32 | |
| 2003/C 146/55 | Case C-178/03: Action brought on 24 April 2003 by the Commission of the European Communities against the European Parliament and the Council of the European Union | 33 | |
| 2003/C 146/56 | Case C-183/03: Action brought on 28 April 2003 by the Federal Republic of Germany against the Commission of the European Communities | 34 | |
| 2003/C 146/57 | Case C-185/03: Reference for a preliminary ruling by the Tribunale di Tolmezzo by order of that Court of 16 April 2003 in the case of Azienda Agricola Schnabl Rosa against A.G.E.A. and COSPALAT F.V.G. | 35 | |
| 2003/C 146/58 | Removal from the register of Case C-302/01 | 35 | |
| 2003/C 146/59 | Removal from the register of Case C-86/02 | 35 | |
| 2003/C 146/60 | Removal from the register of Case C-107/02 | 36 | |
| 2003/C 146/61 | Removal from the register of Case C-149/02 | 36 | |
| 2003/C 146/62 | Removal from the register of Case C-155/02 | 36 | |
| 2003/C 146/63 | Removal from the register of Case C-192/02 | 36 | |
| 2003/C 146/64 | Removal from the register of Case C-343/02 | 36 | |
| 2003/C 146/65 | Removal from the register of Case C-363/02 | 36 | |
| 2003/C 146/66 | Removal from the register of Case C-412/02 | 37 | |
| 2003/C 146/67 | Removal from the register of Case C-413/02 | 37 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 146/68 | Judgment of the Court of First Instance of 13 March 2003 in Case T-340/00: Comunità Montana della Valnerina v Commission of the European Communities (EAGGF — Withdrawal of financial assistance — Article 24 of Regulation (EEC) No 4253/88 — Principles of proportionality and legal certainty — Statement of reasons — Right to be heard) | 38 | |
| 2003/C 146/69 | Judgment of the Court of First Instance of 13 March 2003 in Case T-125/01: José Martí Peix, SA v Commission of the European Communities (Fisheries — Community financial aid — Reduction of aid — Limitation — Reasonable period — Principle of proportionality) | 38 | |
| 2003/C 146/70 | Judgment of the Court of First Instance of 9 April 2003 in Case T-217/01: Forum des migrants de l'Union européenne v Commission of the European Communities (Community financial support — Operating costs — Decision to terminate financial support — Principle of sound financial management — Interpretation of the conditions of support — Right to a fair hearing — Protection of legitimate expectations) | 39 | |
| 2003/C 146/71 | Case T-110/03: Action brought on 24 March 2003 by Jose Maria Sison against the Council of the European Union | 39 | |
| 2003/C 146/72 | Case T-117/03: Action brought on 4 April 2003 by New Look Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 40 | |
| 2003/C 146/73 | Case T-118/03: Action brought on 4 April 2003 by New Look Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 40 | |
| 2003/C 146/74 | Case T-119/03: Action brought on 4 April 2003 by New Look Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 41 | |
| 2003/C 146/75 | Case T-125/03: Action brought on 11 April 2003 by Akzo Nobel Chemicals Ltd. and Akcros Chemicals Ltd. against the Commission of the European Communities | 42 | |
| 2003/C 146/76 | Case T-132/03: Action brought on 15 April 2003 by Paola Casini against the Commission of the European Communities | 42 | |
| 2003/C 146/77 | Case T-136/03: Action brought on 22 April 2003 by Robert Charles Schochaert against the Council of the European Union | 43 | |
| 2003/C 146/78 | Case T-139/03: Action brought on 28 April 2003 by Nuova Agricast S.r.l. against the Commission of the European Communities | 43 | |
| 2003/C 146/79 | Case T-142/03: Action brought on 28 April 2003 by Fost Plus VZW against the Commission of the European Communities | 44 | |
| 2003/C 146/80 | Case T-145/03: Action brought on 23 April 2003 by Festival Crociere SpA against the Commission of the European Communities | 45 | |
| 2003/C 146/81 | Case T-151/03: Action brought on 6 May 2003 by Nuova Agricast S.r.l. against the Commission of the European Communities | 45 | |
| 2003/C 146/82 | Removal from the register of Case T-336/01 | 46 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 146/83 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 135, 7.6.2003 | 47 | |
| Official Journal of the European Communities C 135 | |||
| EN | |||