ISSN 1725-2423

Official Journal

of the European Union

C 217

English edition

Information and Notices

Volume 47
28 August 2004

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2004/C 217/1

Judgment of the Court (Grand Chamber) of 29 June 2004 in Case C-486/01 P: Front National v European Parliament (Appeal — Statement of formation of a group within the meaning of Rule 29(1) of the Rules of Procedure of the European Parliament — Lack of political affinities — Retroactive dissolution of the TDI Group — Cross-appeal — Interpretation of the fourth paragraph of Article 230 EC — Meaning of decision of ‘direct and individual’ concern to a natural or legal person — Inadmissibility of action brought by a national political party)

1

2004/C 217/2

Judgment of the Court (Second Chamber) of 8 July 2004 in Joined Cases C-502/01 and C-31/02 (reference for a preliminary ruling from the Sozialgericht Hannover and the Sozialgericht Aachen): Silke Gaumain-Cerri v Kaufmännische Krankenkasse-Pflegekasse, and Maria Barth v Landesversicherungsanstalt Rheinprovinz (Social security — Freedom of movement for workers — EC Treaty — Council Regulation (EEC) No 1408/71 — Benefits designed to cover the risk of becoming reliant on care — Payment by the care insurance of old age insurance contributions of the carer assisting the reliant person)

1

2004/C 217/3

Judgment of the Court (Full Court) of 29 June 2004 in Case C-110/02: Commission of the European Communities v Council of the European Union (Aid granted by the Portuguese Government to pig farmers — Aid intended to allow the repayment of aid declared incompatible with the common market — Council decision declaring such aid compatible with the common market — Illegality — Third subparagraph of Article 88(2) EC)

2

2004/C 217/4

Judgment of the Court (Third Chamber) of 24 June 2004 in Case C-269/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to implement Directive 98/24/EC within the prescribed period — Protection of the health and safety of workers — Risks linked to chemical agents at work)

3

2004/C 217/5

Judgment of the Court (Second Chamber) of 1 July 2004 in Case C-295/02 (reference for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht): Gisela Gerken v Amt für Agrarstruktur Verden (Common agricultural policy — Integrated administration and control system for certain Community aid schemes — Regulations (EEC) No 3887/92 and (EC) No 2419/2001 — Applications for ‘livestock’ aid — Irregularities — Reduction in the amount of aid — Article 2(2) of Regulation (EC, Euratom) No 2988/95 — Retroactive application of a less stringent provision)

3

2004/C 217/6

Judgment of the Court (Third Chamber) of 1 July 2004 in Joined Cases C-361/02 and C-362/02 (references for a preliminary ruling from the the Diikitiko Efetio Piraeus): Elliniko Dimosio v Nikolaos Tsapalos and Konstantinos Diamantakis (Directive 76/308/EEC — Mutual assistance for the recovery of customs duties — Application to claims which arose prior to the entry into force of the Directive)

4

2004/C 217/7

Judgment of the Court (Fourth Chamber) of 8 July 2004 Case C-27/03: Commission of the European Communities v Kingdom of Belgium (Member State's failure to fulfil obligations — Environment — Directive 91/271/EEC — Decision 93/481/EEC — Collection and treatment of urban waste water — Failure to transpose within the period prescribed)

4

2004/C 217/8

Judgment of the Court (Third Chamber) of 1 July 2004 in Case C-65/03: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Articles 12 EC, 149 EC and 150 EC — Secondary education diploma awarded in another Member State — Access to higher education)

5

2004/C 217/9

Judgment of the Court (Fourth Chamber) of 8 July 2004 in Case C-127/03: Commission of the European Communities v Trendsoft (Irl) Ltd (Arbitration clause — Repayment of sums advanced — Interest for late payment — Judgment by default)

5

2004/C 217/10

Judgment of the Court (Fifth Chamber) of 22 June 2004 in Case C-155/03: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 2000/70/EC — Medical devices incorporating stable derivates of human blood or human plasma — Failure to transpose)

6

2004/C 217/11

Judgment of the Court (Second Chamber) of 8 July 2004 in Case C-166/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Article 28 EC — Marketing of articles made of precious metals — ‘Gold’ and ‘gold alloy’)

6

2004/C 217/12

Judgment of the Court (First Chamber) of 1 July 2004 in Case C-169/03 (reference for a preliminary ruling from the Regeringsrätten): Florian W. Wallentin v Riksskatteverket (Free movement of persons — Workers — Income tax — Restricted liability of a taxpayer receiving a small part of his income in one Member State and residing in another Member State)

7

2004/C 217/13

Judgment of the Court (First Chamber) of 8 July 2004 in Case C-214/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Directive 88/609/EEC — Air pollution — Large combustion plants)

7

2004/C 217/14

Judgment of the Court (Fourth Chamber) of 8 July 2004 Case C-292/03: Commission of the European Communities v Republic of Finland (Member State's failure to fulfil obligations — Environment — End-of-life vehicles — Directive 2000/53/EC)

8

2004/C 217/15

Judgment of the Court (Third Chamber) of 1 July 2004 in Case C-311/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 1999/44/EC — Failure to transpose within the prescribed period)

8

2004/C 217/16

Judgment of the Court (Fourth Chamber) of 1 July 2004 in Case C-331/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 2000/53/EC — Failure to transpose within the period prescribed)

9

2004/C 217/17

Judgment of the Court (Fourth Chamber) of 8 July 2004 in Case C-389/03: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Failure to transpose Directive 1999/74/EC)

9

2004/C 217/18

Judgment of the Court (Fourth Chamber) of 8 July 2004 in Case C-400/03 (reference for a preliminary ruling from the Tribunal d'instance du VIIe arrondissement de Paris): Waterman SAS v Directeur général des douanes et droits indirects (Common Customs Tariff — Combined Nomenclature — Tariff heading — Pen cases)

10

2004/C 217/19

Judgment of the Court (Fourth Chamber) of 1 July 2004 in Case C-448/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 98/44/EC)

10

2004/C 217/20

Case C-241/04: Reference for a preliminary ruling by the Il Tribunale Amminstrativo Regionale della Liguria (Second Chamber) by order of that court of 22 April 2004, in case of Acquedotto De Ferrari Galliera s.p.a. against Province of Genoa

11

2004/C 217/21

Case C-242/04: Reference for a preliminary ruling by Il Tribunale Amministrativo Regionale della Liguria (Second Chamber) by order of that court of 22 April 2004, in case of Acquedotto Nicolay against Province of Genoa

11

2004/C 217/22

Case C-247/04: Reference for a preliminary ruling by the College van Beroep voor het Bedrijfsleven by judgment of 28 May 2004 in the case of Transport Maatschappij Traffic B.V. v Staatssecretaris van Economische Zaken

12

2004/C 217/23

Case C-248/04: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by order of that court of 9 June 2004 in the case of Koninklijke Coöperatie Cosun U.A. against Minister van Landbouw, Natuur en Voedselkwaliteit

12

2004/C 217/24

Case C-255/04: Action brought on 14 June 2004 by the Commission of the European Communities against the French Republic

12

2004/C 217/25

Case C-257/04: Reference for a preliminary ruling by the Court of Appeal (England and Wales), Civil Division, by order of that court dated 15 June 2004, in the cases of Michael Jason Clarke against Frank Staddon Ltd and J.C. Caulfield, C.F. Caulfield and K.V. Barnes against Marshalls Clay Products Ltd

13

2004/C 217/26

Case C-259/04: Reference for a preliminary ruling by the High Court of Justice, The Person Appointed by the Lord Chancellor under Section 76 of the Trade Marks Act 1994, on Appeal from the Registrar of Trade Marks, by order of that court dated 26 May 2004, in the case of Elizabeth Emanuel and Continental Shelf 128 Ltd

13

2004/C 217/27

Case C-260/04: Action brought on 17 June 2004 by the Commission of the European Communities against the Italian Republic

14

2004/C 217/28

Case C-275/04: Action brought on 29 June 2004 against the Kingdom of Belgium by the Commission of the European Communities

15

2004/C 217/29

Case C-282/04: Action brought on 30 June 2004 by the Commission of the European Communities against the Kingdom of the Netherlands

15

2004/C 217/30

Case C-283/04: Action brought on 1 July 2004 by the Commission of the European Communities against the Kingdom of the Netherlands

16

2004/C 217/31

Case C-285/04: Reference for a preliminary ruling by the Tribunale di Oristano by order of that court of 14 June 2004 in the case of Ignazio Medda against the Banco di Napoli SpA and the Regione Autonoma della Sardegna

17

2004/C 217/32

Case C-286/04 P: Appeal brought on 5 July 2004 by Eurocermex SA against the judgment delivered on 29 April 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-399/02 between Eurocermex SA and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

17

2004/C 217/33

Case C-291/04: Reference for a preliminary ruling by the Tribunal de Police, Neufchâteau (Belgium) by judgment of that court of 4 June 2004 in the case of Ministère Public against Léon Henri Schmitz

17

2004/C 217/34

Case C-299/04: Action brought on 14 July 2004 by the Commission of the European Communities against the Hellenic Republic

18

COURT OF FIRST INSTANCE

2004/C 217/35

Judgment of the Court of First Instance of 10 June 2004 in Case T-275/01, Mercedes Alvarez Moreno v European Parliament (Officials — Auxiliary servant — Conference interpreter — Article 74 of the Conditions of Employment of Other Servants — End of engagement)

19

2004/C 217/36

Case T-158/04: Action brought on 26 April 2004 by Erich Drazdansky against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

19

2004/C 217/37

Case T-162/04: Action brought on 30 April 2004 on by Eugénio Branco Lda against the Commission of the European Communities

20

2004/C 217/38

Case T-180/04: Action brought on 25 May 2004 by Przedsiebiorstwo Polmos Bialystock against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

21

2004/C 217/39

Case T-183/04: Action brought on 25 May 2004 by Tokai Europe GmbH against the Commission of the European Communities

21

2004/C 217/40

Case T-185/04: Action brought on 25 May 2004 by Lancôme Parfums et Beauté & Cie against the Office for Harmonisation in the Internal Market

22

2004/C 217/41

Case T-188/04: Action brought on 24 May 2004 by Freixenet S.A. against the Office for Harmonisation in the Internal Market

22

2004/C 217/42

Case T-189/04: Action brought on 24 May 2004 by C. Van der Haegen against the European Economic and Social Committee

23

2004/C 217/43

Case T-192/04: Action brought on 28 May 2004 by Flex Equipos de Descanso, S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

23

2004/C 217/44

Case T-199/04: Action brought on 28 May 2004 by Gul Ahmed Textile Mills Ltd against the Council of the European Union

24

2004/C 217/45

Case T-200/04: Action brought on 28 May 2004 by the Regione Autonoma della Sardegna against the Commission of the European Communities

24

2004/C 217/46

Case T-204/04: Action brought on 7 June 2004 by Indorata-Servicos e Gestao Lda against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

25

2004/C 217/47

Case T-205/04: Action brought on 8 June 2004 by Alessandro Ianniello against the Commission of the European Communities

26

2004/C 217/48

Case T-206/04: Action brought on 7 June 2004 (fax/e-mail: 2 June 2004) by Fernando Rodrigues Carvalhais against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

26

2004/C 217/49

Case T-211/04: Action brought on 9 June 2004 by the Government of Gibraltar against the Commission of the European Communities

27

2004/C 217/50

Case T-214/04: Action brought on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

28

2004/C 217/51

Case T-215/04: Action brought on 9 June 2004 by the United Kingdom of Great Britain and Northern Ireland against the Commission of the European Communities

29

2004/C 217/52

Case T-236/04: Action brought on 9 June 2004 by European Environmental Bureau and Stichting Natuur en Millieu against the Commission of the European Communities

29

2004/C 217/53

Case T-239/04: Action brought on 11 June 2004 by the Italian Republic against the Commission of the European Communities

30

2004/C 217/54

Case T-241/04: Action brought on 9 June 2004 by European Environmental Bureau and Stichting Natuur en Millieu against the Commission of the European Communities

30

2004/C 217/55

Case T-244/04: Action brought on 17 June 2004 by Elisabeth Saskia Smit against Europol

31

2004/C 217/56

Case T-246/04: Action brought on 17 June 2004 by Jacques Wunenburger against the Commission of the European Communities

31

2004/C 217/57

Case T-247/04: Action brought on 17 June 2004 by Asociación de Exportadores Españoles de Productos Farmacéuticos (Aseprofar) y Española de Desarrollo e Impulso Farmacéutico, SA (Edifa) against the Commission of the European Communities

32

2004/C 217/58

Case T-248/04: Action brought on 21 June 2004 by Scania AB (Publ) against the Commission of the European Communities

32

2004/C 217/59

Case T-249/04: Action brought on 21 June 2004 by Philippe Combescot against the Commission of the European Communities

33

2004/C 217/60

Case T-250/04: Action brought on 21 June 2004 by Philippe Combescot against the Commission of the European Communities

33

2004/C 217/61

Case T-251/04: Action brought on 22 June 2004 by the Hellenic Republic against the Commission of the European Communities

34

2004/C 217/62

Case T-252/04: Action brought on 18 June 2004 by Caviar Anzali against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

35

2004/C 217/63

Case T-256/04: Action brought on 28 June 2004 by Mundipharma AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

35

2004/C 217/64

Case T-260/04: Action brought on 23 June 2004 by CESTAS (Centro di Educazione Sanitaria e Technologie Appropriate Sanitarie) against the Commission of the European Communities

36

2004/C 217/65

Case T-266/04: Action brought on 1 July 2004 by the Kingdom of Spain v the Commission of the European Communities

36

2004/C 217/66

Case T-268/04: Action brought on 28 June 2004 by Spa Monopole, Compagnie fermière de Spa against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

37

2004/C 217/67

Case T-269/04: Action brought on 29 June 2004 by IDOM, SA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

38

2004/C 217/68

Removal from the Register of Case T-304/99

38

2004/C 217/69

Removal from the Register of Case T-69/02

38

2004/C 217/70

Removal from the register of Case T-249/03

38

III   Notices

2004/C 217/71

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 201, 7.8.2004

39

EN