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Document C:2003:289:TOC
Official Journal of the European Union, C 289, 29 November 2003
Official Journal of the European Union, C 289, 29 November 2003
Official Journal of the European Union, C 289, 29 November 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 289 Volume 46 29 November 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 289/01 | Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-283/00: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Public procurement — Directive 93/37/EEC — Procedure for the award of public works contracts — State commercial company governed by private law — Company's object consisting of the implementation of a plan for repaying the costs of and establishing prisons — Concept of "contracting authority") | 1 | |
| 2003/C 289/02 | Judgment of the Court (Fifth Chamber) of 16 October 2003 in Case C-339/00: Ireland v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1997 and 1998 — Aid for afforestation of agricultural land — Article 2(1)(c) and (2)(b) of Regulation (EEC) No 2080/92 — Concept of a "private-law legal person" — Principle of the protection of legitimate expectations — Duty to cooperate in good faith) | 2 | |
| 2003/C 289/03 | Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-223/01 (Reference for a preliminary ruling from the Østre Landsret): AstraZeneca A/S v Lægemiddelstyrelsen (Medicinal products — Marketing authorisation of a generic medicinal product — Withdrawal of the marketing authorisation of the reference medicinal product — Abridged procedure) | 2 | |
| 2003/C 289/04 | Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-252/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Procedures for the award of public service contracts — Directive 92/50/EEC — Renewal of a contract for surveillance of the Belgian coast by aerial photography) | 3 | |
| 2003/C 289/05 | Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-421/01 (Reference for a preliminary ruling from the Bundesvergabeamt): Traunfellner GmbH v Österreichische Autobahnen- und Schnellstraßen-Finanzierungs-AG (Asfinag) (Directive 93/37/EEC — Public works contracts — Concept of a "variant" — Conditions for consideration and assessment for the purpose of awarding a contract) | 3 | |
| 2003/C 289/06 | Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-423/01 (Reference for a preliminary ruling from the Verwaltungsgericht Neustadt an der Weinstraße): Emil Färber GmbH & Co. v Stadt Neustadt/Weinstraße (Common agricultural policy — Fees for health inspections and controls of fresh meat — Directive 85/73/EEC) | 4 | |
| 2003/C 289/07 | Judgment of the Court (Fourth Chamber) of 16 October 2003 in Case C-455/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 96/98/EC — Marine equipment — Free movement of goods — Measures having equivalent effect to quantitative restrictions — Obligation to be in possession of a certificate of conformity issued by a recognised national body — Non-recognition of tests carried out by bodies recognised in other Member States) | 4 | |
| 2003/C 289/08 | Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-489/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Failure to implement Directive 97/9/EC — Territory of Gibraltar) | 5 | |
| 2003/C 289/09 | Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-2/02 (Reference for a preliminary ruling from the Verwaltungsgericht Mainz): Emil Färber GmbH & Co. v Landkreis Alzey-Worms (Common agricultural policy — Fees for health inspections and controls of fresh meat — Directive 85/73/EEC) | 5 | |
| 2003/C 289/10 | Judgment of the Court (First Chamber) of 2 October 2001 in Case C-12/02 (reference for a preliminary ruling form the Bayerisches Oberstes Landesgericht): criminal proceedings against Marco Grilli (Free movement of goods — Measures having equivalent effect — Transfer by road to one Member State of a motor vehicle purchased in another Member State — Temporary number plates — Criminal penalty for driving a vehicle without a valid registration) | 6 | |
| 2003/C 289/11 | Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-32/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 98/59/EC — Term "Employer" — National law which excludes non-profit-making activities from the scope of the directive — Incomplete transposition) | 6 | |
| 2003/C 289/12 | Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-91/02 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Hannl + Hofstetter Internationale Spedition GmbH v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland (Community Customs Code — Customs debt on importation — Charging of interest on arrears) | 7 | |
| 2003/C 289/13 | Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-182/02 (Reference for a preliminary ruling from the Conseil d'État): Ligue pour la protection des oiseaux and Others v Premier ministre, Ministre de l'Aménagement du territoire et de l'Environnement, interveners: Union nationale des fédérations départementales de chasseurs, Association nationale des chasseurs de gibier d'eau (Directive 79/409/EEC — Conservation of wild birds — Opening and closing dates for hunting — Derogations) | 7 | |
| 2003/C 289/14 | Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-307/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2000/21/EC — Labelling of dangerous substances — Failure to transpose) | 8 | |
| 2003/C 289/15 | Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-325/02: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Failure to transpose Directive 98/81/EC) | 8 | |
| 2003/C 289/16 | Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-388/02: Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 1999/42/EC) | 9 | |
| 2003/C 289/17 | Judgment of the Court (Third Chamber) of 16 October 2003 in Case C-423/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Environment — Landfill of waste — Directive 1999/31/EC) | 9 | |
| 2003/C 289/18 | Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-433/02: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Directive 92/100/EEC — Copyright — Remuneration of authors in the event of public lending of their literary or artistic works) | 10 | |
| 2003/C 289/19 | Judgment of the Court (Third Chamber) of 16 October 2003 in Case C-29/03: Commission of the European Communities v Instituto Tecnológico para a Europa Comunitária (ITEC) (Arbitration clause — Non-performance of contract — Recovery of moneys advanced — Procedure in default) | 10 | |
| 2003/C 289/20 | Judgment of the Court (Third Chamber) of 16 October 2003 in Case C-30/03: Commission of the European Communities v Instituto Tecnológico para a Europa Comunitária (ITEC) (Arbitration clause — Non-performance of contract — Recovery of moneys advanced — Procedure in default) | 11 | |
| 2003/C 289/21 | Order of the Court (Fifth Chamber) of 24 July 2003 in Case C-297/01 (Reference for a preliminary ruling from the Tribunal Judicial da Comarca de Alcácer do Sal): Sicilcassa Spa v IRA Costruzioni SpA, Francesco Gaetano Restivo Graci and Others, and between Francesco Gaetano Restivo Graci and Others and IRA Costruzioni SpA, Amministrazione straordinaria della Holding personale Graci Gaetano, Sicilcassa SpA (State aid — Articles 87 EC and 88 EC — New aid — Absence of prior notification — Aid incompatible with the common market — Withdrawal of aid — Transitional arrangements maintaining the effect of the withdrawn aid) | 11 | |
| 2003/C 289/22 | Case C-268/03: Reference for a preliminary ruling by the Rechtbank van Eerste Aanleg of the Antwerp judicial district by judgment of that Court of 13 June 2003 in the case of Jean-Claude De Baeck against Belgian State, Ministry of Finance | 12 | |
| 2003/C 289/23 | Case C-371/03: Reference for a preliminary ruling by the Oberlandesgericht Köln by order of that Court of 21 August 2003 in the proceedings between Aulinger and The Federal Republic of Germany | 12 | |
| 2003/C 289/24 | Case C-376/03: Reference for a preliminary ruling by the Gerechtshof te 's-Hertogenbosch by judgment of that Court of 24 July 2003 in the case of D against head of the Private Individuals/Enterprises/Foreign Countries/Heerlen unit | 12 | |
| 2003/C 289/25 | Case C-406/03: Action brought on 29 September 2003 by the Commission of the European Communities against Ireland | 13 | |
| 2003/C 289/26 | Case C-411/03: Reference for a preliminary ruling by the Landgericht Koblenz by order of that Court of 16 September 2003 in the matter concerning the companies register relating to SEVIC Systems Aktiengesellschaft | 13 | |
| 2003/C 289/27 | Case C-412/03: Reference for a preliminary ruling by the Regeringsrätten by order of that Court of 29 September 2003 in the case of Hotel Scandic Gåsabäck AB against Riksskatteverket | 14 | |
| 2003/C 289/28 | Case C-415/03: Action brought on 3 October 2003 by the Commission of the European Communities against the Hellenic Republic | 14 | |
| 2003/C 289/29 | Case C-425/03: Reference for a preliminary ruling by the Giudice di Pace di Milazzo by order of that Court of 18 April 2003 in the case of Provvidenza Regio against AXA Assicurazioni | 15 | |
| 2003/C 289/30 | Case C-433/03: Action brought on 10 October 2003 by the Commission of the European Communities against the Federal Republic of Germany | 15 | |
| 2003/C 289/31 | Case C-436/03: Action brought on 15 October 2003 by the European Parliament against the Council of the European Union | 16 | |
| 2003/C 289/32 | Case C-440/03: Action brought on 16 October 2003 by the Commission of the European Communities against the Federal Republic of Germany | 16 | |
| 2003/C 289/33 | Case C-445/03: Action brought on 21 October 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 17 | |
| 2003/C 289/34 | Case C-448/03: Action brought on 24 October 2003 by the Commission of the European Communities against the French Republic | 17 | |
| 2003/C 289/35 | Case C-449/03: Action brought on 24 October 2003 by French Republic against the Commission of the European Communities | 18 | |
| 2003/C 289/36 | Case C-450/03: Action brought on 27 October 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 18 | |
| 2003/C 289/37 | Case C-454/03: Action brought on 28 October 2003 by the Commission of the European Communities against the Kingdom of Belgium | 18 | |
| 2003/C 289/38 | Removal from the register of Case C-33/02 | 19 | |
| 2003/C 289/39 | Removal from the register of Case C-194/02 | 19 | |
| 2003/C 289/40 | Removal from the register of Case C-226/02 | 19 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 289/41 | Judgment of the Court of First Instance of 18 September 2003 in Case T-73/01: Spyridon de Athanassios Pappas v Committee of the Regions of the European Union (Officials — Recruitment — Post of Secretary General of the Committee of the Regions — Vacancy notice — Recruitment procedure) | 20 | |
| 2003/C 289/42 | Judgment of the Court of First Instance of 10 September 2003 in Case T-165/01 Hans McAuley v Council of the European Union (Staff report — Guide to staff reports — Change of assessor during the period covered by the report — Substantial irregularities) | 20 | |
| 2003/C 289/43 | Judgment of the Court of First Instance of 30 September 2003 in Case T-243/01: Sony Computer Entertainment Europe Ltd v Commission of the European Communities (Action for annulment — Common Customs Tariff — Tariff headings — Game console — Classification in the Combined Nomenclature) | 20 | |
| 2003/C 289/44 | Judgment of the Court of First Instance of 30 September 2003 in Case T-296/01, Antonio Tatti v Commission of the European Communities (Community officials — Staff report — Tardiness — Irregularities in reporting procedure — Action for annulment — Action for damages) | 21 | |
| 2003/C 289/45 | Judgment of the Court of First Instance of 30 September 2003 in Case T-214/02, María-Angeles Martínez Valls v European Parliament (Community officials — Competition — Non-admission to oral tests — Access to documents) | 21 | |
| 2003/C 289/46 | Judgment of the Court of First Instance of 18 September 2003 In Case T-221/02 Giorgio Lebedef and Others against the Commission of the European Communities (Officials — Pay — Travelling expenses — Method of calculation) | 22 | |
| 2003/C 289/47 | Judgment of the Court of First Instance of 17 September 2003 in Case T-233/02: Charis Alexandratos and Maria Panagiotou v Council of the European Union (Officials — Action for annulment — Open competition — Decision of the selection board refusing admission to the oral tests — Scope of the obligation to state reasons — Scope of judicial review — Compliance with the rules governing the deliberations of the selection board) | 22 | |
| 2003/C 289/48 | Judgment of the Court of First Instance of 30 September 2003 in Case T-302/02 Michael Kenny v Court of Justice of the European Communities (Officials — Appointment — Discretion of the appointing authority — Interests of the service) | 22 | |
| 2003/C 289/49 | Order of the Court of First Instance of 3 July 2003 in Case T-10/01: Lichtwer Pharma AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Opposition withdrawn — No need to adjudicate) | 23 | |
| 2003/C 289/50 | Order of the President of the Court of First Instance of 1 August 2003 in Case T-198/01 R Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (Proceedings for interim measures — State aid — Obligation to recover aid — Prima facie case — Urgency — Weighing up of interests — Exceptional circumstances — Provisional suspension) | 23 | |
| 2003/C 289/51 | Order of the Court of First Instance of 9 September 2003 in Case T-293/02: Éric Vranckx v Commission of the European Communities (Open competition — Failure to award the minimum number of points required for the oral test — Omission from the reserve list — Reasons — Consistency between the complaint and the application — Application unfounded in part and inadmissible in part) | 24 | |
| 2003/C 289/52 | Order of the President of the Court of First Instance of 1 August 2003 in Case T-378/02 R Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (Proceedings for interim measures — State aid — Obligation to recover aid — Prima facie case — Urgency — Weighing up of interests — Exceptional circumstances — Provisional suspension) | 24 | |
| 2003/C 289/53 | Order of the President of the Court of First Instance of 16 September 2003 in Case T-272/03 R: Maria Dolores Fernández Gómez v Commission of the European Communities (Interim measures — Application for suspension of operation — Urgency — None) | 25 | |
| 2003/C 289/54 | Case T-263/03: Action brought on 18 July 2003 by Mülhens GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) | 25 | |
| 2003/C 289/55 | Case T-291/03: Action brought on 21 August 2003 by the Consorzio per la Tutela del Formaggio Grana Padano against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 26 | |
| 2003/C 289/56 | Case T-306/03: Action brought on 9 September 2003 by Volkswagen AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 26 | |
| 2003/C 289/57 | Case T-310/03: Action brought on 11 September 2003 by Kreuzer Medien GmbH against the European Parliament and the Council of the European Union | 27 | |
| 2003/C 289/58 | Case T-315/03: Action brought on 15 September 2003 by Hans-Peter Wilfer against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) | 27 | |
| 2003/C 289/59 | Case T-316/03: Action brought on 12 September 2003 by Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) | 28 | |
| 2003/C 289/60 | Case T-325/03: Action brought on 23 September 2003 by E-Sim Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 28 | |
| 2003/C 289/61 | Case T-326/03: Action brought on 22 September 2003 by Hippocrate Vounakis against the Commission of the European Communities | 29 | |
| 2003/C 289/62 | Case T-327/03: Action brought on 19 September 2003 by STICHTING AL-AQSA against the Council of the European Union and Commission of the European Communities | 30 | |
| 2003/C 289/63 | Case T-330/03: Action brought on 26 September 2003 by Xanthippi Liakoura against the Council of the European Union | 30 | |
| 2003/C 289/64 | Case T-331/03: Action brought on 21 September 2003 by Michael Cwik against the Commission of the European Communities | 31 | |
| 2003/C 289/65 | Case T-332/03: Action brought on 29 September 2003 by European Service Network against the Commission of the European Communities | 31 | |
| 2003/C 289/66 | Case T-333/03: Action brought on 30 September 2003 by Masdar (U.K.) Ltd against Commission of the European Communities | 32 | |
| 2003/C 289/67 | Case T-334/03: Action brought on 29 September 2003 by Deutsche Post EURO EXPRESS GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 32 | |
| 2003/C 289/68 | Case T-338/03: Action brought on 25 September 2003 by Eridania Sadam S.p.A. and Others against the Commission of the European Communities | 33 | |
| 2003/C 289/69 | Case T-339/03: Action brought on 6 October 2003 by Gabrielle Clotuche against the Commission of the European Communities | 34 | |
| 2003/C 289/70 | Case T-340/03: Action brought on 2 October 2003 by Wanadoo Interactive S.A. against the Commission of the European Communities | 34 | |
| 2003/C 289/71 | Case T-341/03: Action brought on 3 October 2003 by El Corte Inglés S.A. against the Office for Harmonisation in the Internal Market (OHIM) | 35 | |
| 2003/C 289/72 | Case T-345/03: Action brought on 30 September 2003 by European Dynamics S.A. against the Commission of the European Communities | 36 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 289/73 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 275, 15.11.2003 | 38 | |
| Official Journal of the European Communities C 275 | |||
| EN | |||