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Document C:2004:021:TOC
Official Journal of the European Union, C 21, 24 January 2004
Official Journal of the European Union, C 21, 24 January 2004
Official Journal of the European Union, C 21, 24 January 2004
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| Official Journal of the European Union | ISSN
1725-2423 C 21 Volume 47 24 January 2004 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2004/C 21/01 | Taking of the oath by a new Judge at the Court | 1 | |
| 2004/C 21/02 | Assignment of a new Judge to Chambers | 1 | |
| 2004/C 21/03 | Lists to be used for determining the composition of formations of the Court | 1 | |
| 2004/C 21/04 | Judgment of the Court of 9 December 2003 in Case C-129/00: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Construction contrary to Community law of national legislation by case-law and administrative practice — Conditions for the recovery of sums paid though not due) | 2 | |
| 2004/C 21/05 | Judgment of the Court (Sixth Chamber) of 27 November 2003 in Case C-185/00: Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil its obligations — Directives 92/81/EEC and 92/82/EEC — Rates of excise duties on mineral oils — Fiscal control — Use of gas oil as motor fuel) | 2 | |
| 2004/C 21/06 | Judgment of the Court (Fifth Chamber) of 27 November 2003 In Joined Cases C-34/01 to C-38/01 (Reference for a preliminary ruling from the Corte Suprema di Cassazione): Enirisorse SpA v Ministero delle Finanze (Public undertakings — Transfer to public undertakings of a proportion of port charges paid to the State — Competition — Abuse of a dominant position — State aid — Charge having equivalent effect — Internal taxation — Free movement of goods) | 3 | |
| 2004/C 21/07 | Judgment of the Court (Sixth Chamber) of 27 November 2003 in Case C-283/01 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden): Shield Mark BV v Joost Kist h.o.d.n. Memex (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 — Sound signs — Musical notation — Written description — Onomatopoeia) | 4 | |
| 2004/C 21/08 | Judgment of the Court (Sixth Chamber) of 27 November 2003 in Case C-429/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 90/219/EEC — Genetically modified organisms — Contained use) | 4 | |
| 2004/C 21/09 | Judgment of the Court (Sixth Chamber) of 4 December 2003 in Case C-448/01 (Reference for a preliminary ruling from the Bundesvergabeamt): EVN AG, Wienstrom GmbH v Republik Österreich, third parties: Stadtwerke Klagenfurt AG and Kärntner Elektrizitäts-AG (Directive 93/36/EEC — Public supply contracts — Concept of the most economically advantageous tender — Award criterion giving preference to electricity produced from renewable energy sources — Directive 89/665/EEC — Public procurement review proceedings — Unlawful decisions — Possibility of annulment only in the case of material influence on the outcome of the tender procedure — Illegality of an award criterion — Obligation to cancel the invitation to tender) | 5 | |
| 2004/C 21/10 | Judgment of the Court (Fifth Chamber) of 27 November 2003 in Case C-497/01 (Reference for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg): Zita Modes Sàrl v Administration de l'enregistrement et des domaines (Sixth VAT Directive — Article 5(8) — Transfer of a totality of assets — Continuation by the transferee in the same branch of business as the transferor — Legal authorisation to pursue the activity) | 5 | |
| 2004/C 21/11 | Judgment of the Court (Fifth Chamber) of 4 December 2003 in Case C-92/02 (Reference for a preliminary ruling from the Arbeidsrechtbank van het Arrondissement Tongeren): Nina Kristiansen v Rijksdienst voor Arbeidsvoorziening (Social security — National system of unemployment benefits laying down a rule against overlapping of benefits as regards certain income — Unemployment benefits for former members of the temporary staff of the European Communities — Freedom of movement for workers — National scheme of unemployment insurance — Classification of post-graduate occupation — Occupation of trainee fellowship student — Different classification in other Member States of the EEA — Discrimination) | 6 | |
| 2004/C 21/12 | Judgment of the Court of 9 December 2003 in Case C-116/02 (Reference for a preliminary ruling from the Oberlandesgericht Innsbruck): Erich Gasser GmbH v MISAT Srl (Brussels Convention — Article 21 — Lis pendens — Article 17 — Agreement conferring jurisdiction — Obligation to stay proceedings of court second seised designated in an agreement conferring jurisdiction — Excessive duration of proceedings before courts in the Member State of the court first seised) | 7 | |
| 2004/C 21/13 | Judgment of the Court (Third Chamber) of 27 November 2003 in Case C-332/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Failure to transpose Directive 1999/13/EC) | 8 | |
| 2004/C 21/14 | Judgment of the Court (Third Chamber) of 27 November 2003 in Case C-66/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to implement — Directive 2000/39/EC) | 8 | |
| 2004/C 21/15 | Case C-373/03: Reference for a preliminary ruling by the Verwaltungsgericht Freiburg by order of that Court of 12 March 2003 in the administrative law case of Ceyhun Aydinli versus Land Baden-Württemberg, represented by the Regierungspräsidium Freiburg | 9 | |
| 2004/C 21/16 | Case C-426/03: Reference for a preliminary ruling by the Commissione Tributaria Provinciale di Massa e Carrara — Sezione III — by order of that Court of 21 July 2003 in the case of GE.M.E.G. S.r.l. against 1) Comune di Carrara and 2) Cerit S.p.A. | 9 | |
| 2004/C 21/17 | Case C-427/03: Reference for a preliminary ruling by the Commissione Tributaria Provinciale di Massa e Carrara — Sezione III — by order of that Court of 21 July 2003 in the case of OMYA S.p.a. against Comune di Carrara | 10 | |
| 2004/C 21/18 | Case C-428/03: Reference for a preliminary ruling by the Commissione Tributaria Provinciale di Massa e Carrara — Sezione III — by order of that Court of 21 July 2003 in the case brought by Roberto Lorenzoni against 1) Comune di Carrara, and 2) Bipielle Riscossoni S.p.a. | 11 | |
| 2004/C 21/19 | Case C-429/03: Reference for a preliminary ruling by the Commissione Tributaria Provinciale di Massa e Carrara — Sezione III — by order of that Court of 21 July 2003 in the case brought by Duegi Trasporti S.r.l. against Comune di Carrara | 11 | |
| 2004/C 21/20 | Case C-444/03: Reference for a preliminary ruling by the Verwaltungsgericht Berlin by order of that Court of 28 August 2003 in the case of meta Fackler KG against Federal Republic of Germany | 12 | |
| 2004/C 21/21 | Case C-462/03: Reference for a preliminary ruling by the Bundesvergabeamt (Wien) by order of that Court of 27 October 2003 in the case of STRABAG AG against Österreichische Bundesbahnen | 12 | |
| 2004/C 21/22 | Case C-463/03: Reference for a preliminary ruling by the Bundesvergabeamt (Wien) by order of that Court of 27 October 2003 in the case of Kostmann GesmbH against Österreichische Bundesbahnen | 13 | |
| 2004/C 21/23 | Case C-466/03: Reference for a preliminary ruling by the Landgericht Baden-Baden by order of that Court of 20 October 2003 in the appeal brought by Albert Reiss Beteiligungsgesellschaft mbH against Land Baden-Württemberg | 13 | |
| 2004/C 21/24 | Case C-467/03: Reference for a preliminary ruling by the Finanzgericht München by order of that Court of 24 June 2003 in the case of Ikegami Electronics (Europe) GmbH against Oberfinanzdirektion Nürnberg | 13 | |
| 2004/C 21/25 | Case C-469/03: Reference for a preliminary ruling by the Tribunale di Bologna — Sezione 1a penale — by order of that Court of 22 September 2003 in the criminal proceedings against Mario Filimeno Miraglia | 14 | |
| 2004/C 21/26 | Case C-471/03 P: Appeal brought on 12 November 2003 (by fax of 10 November 2003) by the Diputación Foral de Bizkaia against the judgment delivered on 5 August 2003 by the First Chamber (Extended Composition) of the Court of First Instance of the European Communities in Joined Cases T-116/01 and T-118/01 between P. & O. European Ferries (Vizcaya) S.A. (T-116/01) and the Diputación Foral de Vizcaya (T-118/01) and the Commission of the European Communities | 14 | |
| 2004/C 21/27 | Case C-472/03: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 7 November 2003 in the case of Staatssecretaris van Financiën against the single taxable entity Arthur Andersen & Co Accountants c.s. | 15 | |
| 2004/C 21/28 | Case C-473/03: Reference for a preliminary ruling by the Tribunale Ordinario di Milano — Sezione X Penale — by order of that Court of 23 October 2003 in the criminal proceedings against Adelio Aggio, Paolo Berlusconi and Giovanni Butti | 15 | |
| 2004/C 21/29 | Case C-475/03: Reference for a preliminary ruling by the Commissione Tributaria Provinciale di Cremona, Sezione 02 by order of that Court of 9 October 2003 in the case of Banca Popolare di Cremona Soc. Coop.a.r.l. against Agenzia Entrate Ufficio Cremona | 16 | |
| 2004/C 21/30 | Case C-476/03: Action brought on 17 November 2003 by the Commission of the European Communities against the Republic of Austria | 16 | |
| 2004/C 21/31 | Case C-477/03: Action brought on 17 November 2003 by the Commission of the European Communities against the Federal Republic of Germany | 17 | |
| 2004/C 21/32 | Case C-478/03: Reference for a preliminary ruling by the House of Lords by order of that court dated 10 November 2003, in the case of Celtec Ltd against Astley and others | 17 | |
| 2004/C 21/33 | Case C-485/03: Action brought on 19 November 2003 by Commission of the European Communities against Kingdom of Spain | 17 | |
| 2004/C 21/34 | Case C-486/03: Action brought on 19 November 2003 by Commission of the European Communities against Kingdom of Spain | 19 | |
| 2004/C 21/35 | Case C-487/03: Action brought on 19 November 2003 by Commission of the European Communities against Kingdom of Spain | 19 | |
| 2004/C 21/36 | Case C-488/03: Action brought on 19 November 2003 by Commission of the European Communities against Kingdom of Spain | 19 | |
| 2004/C 21/37 | Case C-489/03: Action brought on 19 November 2003 by Commission of the European Communities against Kingdom of Spain | 20 | |
| 2004/C 21/38 | Case C-490/03: Action brought on 19 November 2003 by Commission of the European Communities against Kingdom of Spain | 20 | |
| 2004/C 21/39 | Case C-492/03: Action brought on 20 November 2003 (fax on 13 November 2003) by the Republic of Austria against the Commission of the European Communities | 20 | |
| 2004/C 21/40 | Case C-493/03: Reference for a preliminary ruling by the Cour d'appel de Bordeaux, chambre de l'instruction, by order of that Court of 4 November 2003 in the case of Ministère public against André Rochus Hiebeler | 22 | |
| 2004/C 21/41 | Case C-494/03: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 21 November 2003 in the case of Senior Engineering Investments B.V. against Staatssecretaris van Financiën | 23 | |
| 2004/C 21/42 | Case C-495/03: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 21 November 2003 in the case of Intermodal Transports B.V. against Staatssecretaris van Financiën | 23 | |
| 2004/C 21/43 | Case C-496/03: Action brought on 24 November 2003 by the Commission of the European Communities against the French Republic | 23 | |
| 2004/C 21/44 | Case C-497/03: Action brought on 24 November 2003 by the Commission of the European Communities against the Republic of Austria | 24 | |
| 2004/C 21/45 | Case C-498/03: Reference for a preliminary ruling by the VAT and Duties Tribunals, London Tribunal Centre, by order of that court dated 10 June 2003, in the case of 1) Kingscrest Associates Ltd, 2) Montecello Ltd (trading together as Kingscrest Residential Care Homes) against Commissioners of Customs and Excise | 24 | |
| 2004/C 21/46 | Case C-499/03 P: Appeal brought on 26 November 2003 (fax: 25 November 2003) by Peter Biegi Nahrungsmittel GmbH and Commonfood Handelsgesellschaft für Agrar-Produkte mbH against the judgment delivered on 17 September 2003 by the Fourth Chamber of the Court of First Instance of the European Communities in Joined Cases T-309/01 and T-239/02 between Peter Biegi Nahrungsmittel GmbH and Commonfood Handelsgesellschaft für Agrar-Produkte mbH, and the Commission of the European Communities | 25 | |
| 2004/C 21/47 | Case C-500/03: Action brought on 26 November 2003 by the Commission of the European Communities against the Portuguese Republic | 25 | |
| 2004/C 21/48 | Case C-501/03: Action brought on 26 November 2003 by the Commission of the European Communities against the Kingdom of Sweden | 26 | |
| 2004/C 21/49 | Case C-503/03: Action brought on 27 November 2003 by the Commission of the European Communities against the Kingdom of Spain | 26 | |
| 2004/C 21/50 | Case C-504/03: Action brought on 27 November 2003 by the Commission of the European Communities against the French Republic | 27 | |
| 2004/C 21/51 | Case C-505/03: Action brought on 28 November 2003 by the Commission of the European Communities against the French Republic | 28 | |
| 2004/C 21/52 | Case C-510/03: Action brought on 4 December 2003 by the Commission of the European Communities against the Federal Republic of Germany | 28 | |
| 2004/C 21/53 | Removal from the register of Joined Cases C-157/01 P and C-169/01 P | 29 | |
| 2004/C 21/54 | Removal from the register of Case C-135/02 | 29 | |
| 2004/C 21/55 | Removal from the register of Case C-142/02 | 29 | |
| 2004/C 21/56 | Removal from the register of Case C-228/02 | 29 | |
| 2004/C 21/57 | Removal from the register of Case C-229/02 | 29 | |
| 2004/C 21/58 | Removal from the register of Case C-308/02 | 30 | |
| 2004/C 21/59 | Removal from the register of Case C-342/02 | 30 | |
| 2004/C 21/60 | Removal from the register of Case C-370/02 | 30 | |
| 2004/C 21/61 | Removal from the register of Case C-461/02 | 30 | |
| 2004/C 21/62 | Removal from the register of Case C-48/03 | 30 | |
| 2004/C 21/63 | Removal from the register of Case C-190/03 | 30 | |
| COURT OF FIRST INSTANCE | |||
| 2004/C 21/64 | Judgment of the Court of First Instance of 27 November 2003 in Case T-190/00: Regione Siciliana v Commission of the European Communities (State aid — Operating loans — Admissibility — Time-limit — Confirmatory act — Action for annulment — Existing aid or new aid — Principle of tempus regit actum — Export aid — Operating aid — Reasonable time-limit) | 31 | |
| 2004/C 21/65 | Judgment of the Court of First Instance of 5 November 2003 in Case T-240/01: Jean-Louis Cougnon v Court of Justice of the European Communities (Officials — Appointments procedure — Grade A 2 post — Candidature rejected) | 31 | |
| 2004/C 21/66 | Judgment of the Court of First Instance of 20 November 2003 in Case T-63/02: Maria Concetta Cerafogli and Paolo Poloni v European Central Bank (Officials — European Central Bank staff — Pay — Method of calculating the annual pay adjustment — Consultation of staff committee — Articles 13, 45 and 46 of the Conditions of Employment) | 31 | |
| 2004/C 21/67 | Judgment of the Court of First Instance of 4 November 2003 in Case T-85/02: Pedro Díaz, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Application for Community word mark CASTILLO — Earlier national figurative mark EL CASTILLO — Likelihood of confusion — Similar marks already on the relevant market) | 32 | |
| 2004/C 21/68 | Judgment of the Court of First Instance of 5 November 2003 in Case T-98/02, Maddalena Lebedef-Caponi v Commission of the European Communities (Officials — Staff report — Performance of staff representative's and trade union activities — Action for annulment) | 32 | |
| 2004/C 21/69 | Judgment of the Court of First Instance of 26 November 2003 in Case T-222/02: HERON Robotunits GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark ROBOTUNITS — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94 — Descriptive character) | 33 | |
| 2004/C 21/70 | Judgment of the Court of First Instance of 11 November 2003 in Case T-248/02: Carla Faita v Economic and Social Committee of the European Communities (Officials — Vacancies — Article 29(1) of the Staff Regulations — Appointments procedure — Manifest error of assessment — Statement of reasons) | 33 | |
| 2004/C 21/71 | Judgment of the Court of First Instance of 25 November 2003 in Case T-286/02: Oriental Kitchen SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for the Community word mark KIAP MOU — Earlier national word marks MOU — Refusal to register) | 33 | |
| 2004/C 21/72 | Judgment of the Court of First Instance of 27 November 2003 in Case T-348/02: Quick restaurants SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Trade mark consisting of the word Quick — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 — Registration refused in part) | 34 | |
| 2004/C 21/73 | Order of the Court of First Instance of 15 October 2003 in Case T-372/02: Internationaler Hilfsfonds eV v Commission of the European Communities (Development cooperation — European Community Humanitarian Office — Framework partnership agreement for the co-financing of operations carried out by NGOs — Rejection of an application — Action for annulment — Inadmissible) | 34 | |
| 2004/C 21/74 | Order of the President of the Court of First Instance of 20 October 2003 in Case T-46/03 R: Leali SpA v Commission of the European Communities (Application for interim measures — Competition — Payment of fine — Bank guarantee — Urgency — None) | 35 | |
| 2004/C 21/75 | Case T-348/03: Action brought on 10 October 2003 by Friesland Coberco Dairy Foods Holding N.V. against the Commission of the European Communities | 35 | |
| 2004/C 21/76 | Case T-355/03: Action brought on 16 October 2003 by Andreas Mausolf against Europol | 36 | |
| 2004/C 21/77 | Case T-364/03: Action brought on 31 October 2003 by MEDICI GRIMM KG against the Council of the European Union | 36 | |
| 2004/C 21/78 | Case T-370/03: Action brought on 5 November 2003 by Jacques Wunenburger against Commission of the European Communities | 37 | |
| 2004/C 21/79 | Case T-371/03: Action brought on 7 November 2003 by Vincenzo le Voci against the Council of the European Union | 37 | |
| 2004/C 21/80 | Case T-373/03: Action brought on 12 November 2003 by Solo Italia S.r.l. against the Office for Harmonisation in the Internal Market | 38 | |
| 2004/C 21/81 | Case T-376/03: Action brought on 10 November 2003 by Michel Hendrickx against Council of the European Union | 39 | |
| 2004/C 21/82 | Case T-377/03: Action brought on 17 November 2003 by ATI Technologies Inc. against the Office for Harmonisation in the Internal Market | 39 | |
| 2004/C 21/83 | Case T-378/03: Action brought on 18 November 2003 by Musée Grevin against the Commission of the European Communities | 40 | |
| 2004/C 21/84 | Case T-380/03: Action brought on 20 November 2003 by Korn-OG Foderstof Kompagniet against the Commission of the European Communities | 41 | |
| 2004/C 21/85 | Case T-381/03: Action brought on 14 November 2003 by Izar Construcciones Navales SA against Commission of the European Communities | 41 | |
| 2004/C 21/86 | Case T-382/03: Action brought on 17 November 2003 by Izar Construcciones Navales SA against Commission of the European Communities | 42 | |
| 2004/C 21/87 | Case T-383/03: Action brought on 14 November 2003 by Hynix Semiconductor Inc. against the Council of the European Union | 43 | |
| 2004/C 21/88 | Case T-384/03: Action brought on 17 November 2003 by Reti Televisive Italiane — RTI against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 44 | |
| 2004/C 21/89 | Case T-387/03: Action brought on 25 November 2003 by Proteome, Inc against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 44 | |
| 2004/C 21/90 | Case T-389/03: Action brought on 24 November 2003 by Dainichiseika Colour & Chemicals Mfg. Co. Ltd. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 45 | |
| 2004/C 21/91 | Case T-390/03: Action brought on 24 November 2003 by CM Capital Markets Holding, S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 46 | |
| 2004/C 21/92 | Case T-391/03: Action brought on 27 November 2003 by Yves Franchet and Daniel Byk against the Commission of the European Communities | 46 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2004/C 21/93 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 7, 10.1.2004 | 48 | |
| Official Journal of the European Communities C 007 | |||
| EN | |||