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Dokument C:2004:007:TOC

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Official Journal of the European Union, C 7, 10 January 2004

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Official Journal
of the European Union

ISSN 1725-2423

C 7
Volume 47
10 January 2004

English edition	Information and Notices

Notice No	Contents	Page
	I Information
	Court of Justice
	COURT OF JUSTICE
2004/C 7/01	Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-4/01 (Reference for a preliminary ruling from the Employment Tribunal at Croydon): Serene Martin, Rohit Daby, Brian Willis v South Bank University (Directive 77/187/EEC — Safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses — Early retirement and associated benefits)	1
2004/C 7/02	Judgment of the Court (Fifth Chamber) of 20 November 2003 in Case C-008/01 (Reference for a preliminary ruling from the Østre Landsret): Assurandør-Societetet, acting on behalf of Taksatorringen, v Skatteministeriet (Sixth VAT Directive — Article 13A(1)(f) and 13B(a) — Exemption for services performed by independent groups not likely to give rise to distortions of competition — Exemption for insurance transactions and related services performed by insurance brokers and insurance agents — Assessments of damage caused to motor vehicles carried out by an association on behalf of insurance companies which are members of that association)	2
2004/C 7/03	Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-45/01 (Reference for a preliminary ruling from the Bundesfinanzhof ): Christoph-Dornier-Stiftung für Klinische Psychologie v Finanzamt Gießen (VAT — Article 13A(1)(b) and (c) of the Sixth Directive 77/388/EEC — Exemption — Psychotherapeutic treatment given in an out-patient facility provided by a foundation governed by private law (charitable establishment) employing qualified psychologists who are not doctors — Direct effect)	3
2004/C 7/04	Judgment of the Court of 6 November 2003 in Case C-101/01 (Reference for a preliminary ruling from the Göta hovrätt): Bodil Lindqvist (Directive 95/46/EC — Scope — Publication of personal data on the internet — Place of publication — Definition of transfer of personal data to third countries — Freedom of expression — Compatibility with Directive 95/46 of greater protection for personal data under the national legislation of a Member State)	3
2004/C 7/05	Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-126/01 (Reference for a preliminary ruling from the Cour administrative d'appel de Lyon): Ministre de l'économie, des finances et de l'industrie v GEMO SA (State aid — System of financing a public carcass disposal service by a meat purchase tax — Interpretation of Article 92 of the EC Treaty (now, after amendment, Article 87 EC))	4
2004/C 7/06	Judgment of the Court (Fifth Chamber) of 20 November 2003 in Case C-152/01 (Reference for a preliminary ruling from the Bundesfinanzhof): Kyocera Electronics Europe GmbH v Hauptzollamt Krefeld (Common Customs Tariff — Customs value — Determination of the transaction value — Interest payable under a financing arrangement — Exclusion — Conditions — Interest distinguished from the price actually paid or payable — Declaration not mentioning the interest due or paid)	5
2004/C 7/07	Judgment of the Court (Fifth Chamber) of 13 November 2003 in Case C-209/01 (Reference for a preliminary ruling from the Bundesfinanzhof): Theodor Schilling, Angelika Fleck-Schilling v Finanzamt Nürnberg-Süd (Free movement of workers — Officials and servants of the European Communities — Maintenance of domicile for tax purposes in the Member State of origin — Income tax — Deduction of expenditure in respect of a household assistant)	5
2004/C 7/08	Judgment of the Court (Fifth Chamber) of 20 November 2003 in Case C-212/01 (Reference for a preliminary ruling from the Landesgericht Innsbruck): Margarete Unterpertinger v Pensionsversicherungsanstalt der Arbeiter (Sixth VAT Directive — Exemption for medical care provided in the exercise of the medical and paramedical professions — Expert medical report)	6
2004/C 7/09	Judgment of the Court of 18 November 2003 in Case C-216/01 (Reference for a preliminary ruling from the Handelsgericht Wien): Bud&caron;ejovický Budvar, národní podnik v Rudolf Ammersin GmbH (Protection of geographical indications and designations of origin — Bilateral convention between a Member State and a non-member country protecting indications of geographical source from that non-member country — Articles 28 EC and 30 EC — Regulation (EEC) No 2081/92 — Article 307 EC — Succession of States in respect of treaties)	6
2004/C 7/10	Judgment of the Court of 6 November 2003 in Case C-243/01 (Reference for a preliminary ruling from the Tribunale di Ascoli Piceno): Piergiorgio Gambelli and Others (Right of establishment — Freedom to provide services — Collection of bets on sporting events in one Member State and transmission by internet to another Member State — Prohibition enforced by criminal penalties — Legislation in a Member State which reserves the right to collect bets to certain bodies)	7
2004/C 7/11	Judgment of the Court of 25 November 2003 in Case C-278/01: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Judgment of the Court establishing such failure — Non-compliance — Article 228 EC — Financial penalties — Penalty payment — Quality of bathing water — Directive 76/160/EEC)	7
2004/C 7/12	Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-293/00: Kingdom of the Netherlands v Commission of the European Communities (Annulment of Commission Decision 2000/362/EC of 25 May 2000 on the total amount of Community aid for the eradication of classical swine fever in the Netherlands in 1997)	8
2004/C 7/13	Judgment of the Court (Fifth Chamber) of 13 November 2003 in Case C-294/01 (Reference for a preliminary ruling from the Tribunale civile di Bologna): Granarolo SpA v Comune di Bologna (Agriculture — Health rules for the production and placing on the market of heat-treated milk — Free movement of goods — National law imposing a use-by date for high-temperature pasteurised milk)	9
2004/C 7/14	Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-296/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 90/220/EEC — Genetically modified organisms)	9
2004/C 7/15	Judgment of the Court (Fifth Chamber) of 20 November 2003 in Case C-307/01 (Reference for a preliminary ruling from the Duties Tribunal, London): Peter d'Ambrumenil, Dispute Resolution Services Ltd v Commissioners of Customs and Excise (Sixth VAT Directive — Exemption for medical care provided in the exercise of the medical and paramedical professions)	10
2004/C 7/16	Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-311/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Social security — Articles 69 and 71 of Regulation (EEC) No 1408/71 — Unemployment benefit — Frontier workers — Retention of benefit entitlement when seeking employment in another Member State)	11
2004/C 7/17	Judgment of the Court (Fifth Chamber) of 13 November 2003 in Case C-313/01 (Reference for a preliminary ruling from the Corte suprema di cassazione): Christine Morgenbesser v Consiglio dell'Ordine degli avvocati di Genova (Freedom of establishment — Enrolment in the register of "praticanti" — Recognition of diplomas — Access to regulated professions)	11
2004/C 7/18	Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-340/01 (Reference for a preliminary ruling from the Oberster Gerichtshof): Carlito Abler and Others v Sodexho MM Catering Gesellschaft mbH, intervener Sanrest Großküchen Betriebsgesellschaft mbH (Social policy — Approximation of laws — Transfers of undertakings — Safeguarding of workers' rights — Directive 77/187/EEC — Scope — Definition of transfer)	12
2004/C 7/19	Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-356/01: Republic of Austria v Commission of the European Communities (System of ecopoints for heavy goods vehicles transiting through Austria — Refusal by the Commission to reduce the number of ecopoints for 2001 — Legality)	12
2004/C 7/20	Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-358/01: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Article 28 EC — Prohibition on marketing under the name "limpiador con lejía" ("cleaner with bleach") of goods lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l)	13
2004/C 7/21	Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-363/01 (Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main): Flughafen Hannover-Langenhagen GmbH v Deutsche Lufthansa AG (Air transport — Access to the groundhandling market in Community airports — Directive 96/67/EC — Article 16 — Collection of a fee for access to airport installations — Conditions)	13
2004/C 7/22	Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-413/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Franca Ninni-Orasche v Bundesminister für Wissenschaft, Verkehr und Kunst (Freedom of movement for workers — Article 48 of the EC Treaty (now, after amendment, Article 39 EC) — Concept of "worker" — Contract of employment of a short term fixed in advance — Retention of the status of "worker" after end of employment contract — Conditions for the grant of social advantages within the meaning of Article 7(2) of Regulation (EEC) No 1612/68 — Study finance)	14
2004/C 7/23	Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-416/01 (Reference for a preliminary ruling from the Tribunal Supremo): Sociedad Cooperativa General Agropecuaria (ACOR) v Administración General del Estado, participant: Ebro Puleva SA, formerly Azucarera Ebro Agrícolas SA and Azucareras Reunidas de Jaén SA (Common organisation of the markets in the sugar sector — Reallocation or transfer of quotas — Interpretation of Council Regulations (EEC) No 1785/81, (EEC) No 193/82 and (EC) No 1260/2001 — Decision of competent authorities of a Member State, when approving a merger, to reallocate sugar production quotas — Sale by public auction — Transfer of quotas for consideration)	14
2004/C 7/24	Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-434/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora)	15
2004/C 7/25	Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-501/01: Kingdom of the Netherlands v Commission of the European Communities (Commission Decision 2001/739/EC of 17 October 2001 on the total amount of Community aid for the eradication of classical swine fever in the Netherlands in 1998)	15
2004/C 7/26	Judgment of the Court (Fifth Chamber) of 13 November 2003 in Case C-42/02 (Reference for a preliminary ruling from the Ålands förvaltningsdomstol): Diana Elisabeth Lindman (Freedom to provide services — Lottery tickets — Amount won in a game of chance held in another Member State — Income tax — Tax on games of chance — Special regime in the Åland Islands)	16
2004/C 7/27	Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-78/02 (Reference for a preliminary ruling from the Dioikitiko Efeteio Athinon): Elliniko Dimosio v Maria Karageorgou (C-78/02), Katina Petrova (C-79/02), Loukas Vlachos (C-80/02) (Sixth VAT Directive — Article 21(1)(c) — Persons liable to tax — Person mentioning the tax on an invoice — Tax paid in error by a non-taxable person and included in the invoice established by that person)	16
2004/C 7/28	Judgment of the Court (Fifth Chamber) of 13 November 2003 in Case C-153/02 (Reference for a preliminary ruling from the Giudice di pace di Genova): Valentina Neri v European School of Economics (ESE Insight World Education System Ltd) (Freedom of establishment — Recognition of diplomas — Degree issued by a university established in a Member State — Courses of study in preparation for a degree awarded in another Member State and by another educational establishment)	17
2004/C 7/29	Order of the Court (Fourth Chamber) of 17 October 2003 nella causa C-35/02 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Landeszahnärztekammer Hessen v Markus Vogel, Third parties: Landesärtztekammer Hessen, Oberbundesanwalt beim Bundesverwaltungsgericht (Article 104(3) of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Directives 78/686/EEC and 78/687/EEC — The practice of dentistry by a doctor)	17
2004/C 7/30	Order of the Court of the Justice of 11 July 2003 in Case C-161/03 (reference for a preliminary ruling by the Commission de conciliation et d'expertise douanière): Administration des douanes v Centrale d'achat française pour l'outre-mer SA (CAFOM), Samsung Electronics France (Reference for a preliminary ruling — Court's lack of jurisdiction)	18
2004/C 7/31	Case C-442/03 P: Appeal brought on 20 October 2003 by P&O European Ferries (Vizcaya) SA 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 between P&O European Ferries (Vizcaya) SA, supported by Diputación Foral de Vizcaya, and the Commission of the European Communities and T-118/01 between Diputación Foral de Vizcaya, supported by P&O European Ferries (Vizcaya) SA, and the Commission of the European Communities	18
2004/C 7/32	Case C-447/03: Action brought on 22 October 2003 by the Commission of the European Communities against the Italian Republic	19
2004/C 7/33	Case C-451/03: Reference for a preliminary ruling by the Corte d'Appello di Milano — Sezione Prima Civile by order of that Court of 15 October 2003 in the case of Servizi Ausiliari Dottori Commercialisti s.r.l. against Notaio Giuseppe Calafiori; intervener: The Public Prosecutor, in the person of the Attorney General at the Court of Appeal, Milan	20
2004/C 7/34	Case C-452/03: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court dated 17 October 2003, in the case of 1) RAL (Channel Islands) Ltd, 2) RAL Ltd, 3) RAL Services Ltd, 4) RAL Machines Ltd against Commissioners of Customs and Excise	21
2004/C 7/35	Case C-453/03: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 23 October 2003, in the case of The Queen on the application of 1) ABNA Ltd, 2) Denis Brinicombe (a partnership), 3) BOCM Pauls Ltd, 4) Devenish Nutrition Ltd, 5) Nutrition Services (International) Ltd, 6) Primary Diets Ltd against 1) Secretary of State for Health, 2) Food Standards Agency	22
2004/C 7/36	Case C-456/03: Action brought on 27 October 2003 by the Commission of the European Communities against the Italian Republic	22
2004/C 7/37	Case C-457/03: Reference for a preliminary ruling by the Tribunale di Bergamo by order of that Court of 3 August 2003 in the case brought by Azienda agricola Albergati Giovanni Angelo against Agenzia Erogazioni in agricoltura "AGEA" and Coop. Latte 2005 S.C.A.R.L.	23
2004/C 7/38	Case C-458/03: Reference for a preliminary ruling by the Verwaltungsgericht, Autonome Sektion für die Provinz Bozen by order of that Court of 27 September 2003 in the case of Parking Brixen G.m.b.H against Municipality of Brixen/Bressanone and Stadtwerke Brixen A.G.	23
2004/C 7/39	Case C-459/03: Action brought on 30 October 2003 by the Commission of the European Communities against Ireland	24
2004/C 7/40	Case C-461/03: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by order of that Court of 24 October 2003 in the case of Gaston Schul Douane-Expediteur B.V. against the Minister van Landbouw, Natuur en Voedselkwaliteit	24
2004/C 7/41	Case C-464/03: Action brought on 4 November 2003 by Kingdom of Spain against the Commission of the European Communities	24
2004/C 7/42	Case C-468/03: Reference for a preliminary ruling by the VAT and Duties Tribunals, London Tribunal Centre, by direction of that court dated 29 October 2003, in the case of Overland Footwear Ltd against Commissioners of Customs and Excise	25
2004/C 7/43	Case C-474/03: Action brought on 17 November 2003 by the Commission of the European Communities against the Hellenic Republic	25
2004/C 7/44	Case C-479/03: Action brought on 18 November 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg	26
2004/C 7/45	Case C-481/03: Action brought on 19 November 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg	26
2004/C 7/46	Case C-482/03: Action brought on 19 November 2003 by the Commission of the European Communities against Ireland	27
2004/C 7/47	Case C-483/03: Action brought on 19 November 2003 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland	27
2004/C 7/48	Removal from the register of Case C-62/02	27
2004/C 7/49	Removal from the register of Case C-163/02	28
2004/C 7/50	Removal from the register of Case C-326/02	28
	COURT OF FIRST INSTANCE
2004/C 7/51	Judgment of the Court of First Instance of 23 October 2003 in Case T-65/98: Van den Bergh Foods Ltd v Commission of the European Communities (Action for annulment — Competition — Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC) — Ice creams intended for immediate consumption — Supply of freezer cabinets to retailers — Exclusivity clause — Barriers to entry to the market — Property rights — Article 222 of the EC Treaty (now Article 295 EC))	29
2004/C 7/52	Judgment of the Court of First Instance of 30 September 2003 in Joined Cases T-191/98 and T-212/98 to T-214/98: Atlantic Container Line AB and Others v Commission of the European Communities (Competition — Liner conferences — Regulation (EEC) No 4056/86 — Block exemption — Individual exemption — Collective dominant position — Abuse — Service contracts — Accession to the conference — Alteration of the competition structure — Withdrawal of block exemption — Fines — Rights of the defence)	29
2004/C 7/53	Judgment of the Court of First Instance of 16 October 2003 in Case T-148/00: The Panhellenic Union of Cotton Ginners and Exporters v Commission of the European Communities (State aid — Compensatory levy — Method of financing aid — Community aid scheme for cotton — Action for annulment — Admissibility — Acts which may be challenged — Commission's refusal to continue infringement proceedings — Principle of independent legal remedies)	30
2004/C 7/54	Judgment of the Court of First Instance of 21 October 2003 in Case T-368/00: General Motors Nederland BV and Opel Nederland BV v Commission of the European Communities (Competition — Distribution of motor vehicles — Article 81 EC — Regulations (EEC) No 123/85 and (EC) No 1475/95 — Partitioning of the market — General strategy aimed at restricting exports — Restriction of supply — Restrictive bonus policy — Ban on exports — Fine — Gravity and duration of the infringement — Proportionality — Guidelines for the calculation of fines)	30
2004/C 7/55	Judgment of the Court of First Instance of 16 October 2003 in Case T-47/01: Co-Frutta Soc. coop. rl v Commission of the European Communities (Action for annulment — Access to documents — Decision 94/90/ECSC, EC, Euratom — Refusal — Authorship rule — Misuse of powers)	31
2004/C 7/56	Judgment of the Court of First Instance of 23 October 2003 in Case T-255/01: Changzhou Hailong Electronics & Light Fixtures Co. Ltd and Zhejiang Yankon Group Co. Ltd v Council of the European Union (Anti-dumping — Determination of normal value — Market-economy treatment — Analogue country — Article 2(7) of Regulation (EC) No 384/96)	31
2004/C 7/57	Judgment of the Court of First Instance of 23 October 2003 in Case T-279/01: Giorgio Lebedef v Commission of the European Communities (Officials — Staff report — Late preparation — Action for compensation)	32
2004/C 7/58	Judgment of the Court of First Instance of 21 October 2003 in Case T-302/01: Gerhard Birkhoff v Commission of the European Communities (Officials — Article 2(5) of Annex VII to the Staff Regulations — Cancellation of an allowance for dependent child who has reached majority — Legitimate expectations)	32
2004/C 7/59	Judgment of the Court of First Instance of 22 October 2003 in Case T-311/01: Les Éditions Albert René v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier Community trade mark ASTERIX — Application for a Community figurative mark containing the word "starix" — Relative grounds for refusal — Article 8(1)(b) and 8(5) of Regulation (EC) No 40/94)	33
2004/C 7/60	Judgment of the Court of First Instance of 23 October 2003 in Case T-24/02: Maddalena Lebedef-Caponi v Commission of the European Communities (Officials — Staff report — Late preparation — Action for compensation)	33
2004/C 7/61	Judgment of the Court of First Instance of 23 October 2003 in Case T-25/02: Michel Sautelet v Commission of the European Communities (Officials — Staff report — Late preparation — Action for compensation)	33
2004/C 7/62	Judgment of the Court of First Instance of 21 October 2003 in Case T-392/02: Solvay Pharmaceuticals BV v Council of the European Union (Directive 70/524/EEC — Community authorisation, linked to the person responsible for putting into circulation, of an additive in animal feedingstuff — Transitional rules — Withdrawal of the authorisation — Action for annulment — Admissibility — Conditions for withdrawal — Precautionary principle — Principles of equal treatment, legal certainty, sound administration and good faith)	34
2004/C 7/63	Order of the President of the Court of First Instance of 9 July 2003 in Case T-288/02 R: Asian Institute of Technology (AIT) v Commission of the European Communities (Procedure for interim relief — Urgency — None)	34
2004/C 7/64	Case T-343/03: Action brought on 8 October 2003 by Deutsche Post AG and Securicor Omega Express Limited against the Commission of the European Communities	34
2004/C 7/65	Case T-347/03: Action brought on 9 October 2003 by Eugénio Branco, Lda, in liquidation, against the Commission of the European Communities	35
2004/C 7/66	Case T-349/03: Action brought on 13 October 2003 by Corsica Ferries France against the Commission of the European Communities	36
2004/C 7/67	Case T-350/03: Action brought on 13 October 2003 by Wirtschaftskammer Kärnten and best connect Ampere Strompool GmbH against the Commission of the European Communities	36
2004/C 7/68	Case T-351/03: Action brought on 10 October 2003 by Schneider Electric S.A. against the Commission of the European Communities	37
2004/C 7/69	Case T-352/03: Action brought on 15 October 2003 by Giorgio Lebedef against the Commission of the European Communities	38
2004/C 7/70	Case T-353/03: Action brought on 14 October 2003 by Inge-Lise Nielsen against the Council of the European Union	38
2004/C 7/71	Case T-354/03: Action brought on 20 October 2003 by Gemma Reggimenti against the European Parliament	38
2004/C 7/72	Case T-357/03: Action brought on 23 October 2003 by Bruno Gollnisch and Others against the European Parliament	39
2004/C 7/73	Case T-358/03: Action brought on 17 October 2003 by Siegfried Krahl against the Commission of the European Communities	39
2004/C 7/74	Case T-359/03: Action brought on 27 October 2003 by GRAFTECH INTERNATIONAL LTD. against the Commission of the European Communities	40
2004/C 7/75	Case T-361/03: Action brought on 27 October 2003 by Philippe Vanlangendonck against the Commission of the European Communities	41
2004/C 7/76	Case T-368/03: Action brought on 4 November 2003 by Rafael de Bustamante Tello against the Council of the European Union	41
2004/C 7/77	Case T-369/03: Action brought on 29 October 2003 by Arizona Chemical B.V., Eastman Belguim B.V.B.A., Resinall Europe B.V.B.A. and Cray Valley Iberica S.A. against the Commission of the European Communities	42
2004/C 7/78	Case T-372/03: Action brought on 10 November 2003 by Yves Mahieu against the Commission of the European Communities	42
2004/C 7/79	Removal from the register of Case T-68/02	43
2004/C 7/80	Removal from the register of Case T-131/02	43
2004/C 7/81	Removal from the register of Case T-159/02	43
2004/C 7/82	Removal from the register of Case T-162/03	43
	II Preparatory Acts
	......

	III Notices

2004/C 7/83	Last publication of the Court of Justice in the Official Journal of the European Union OJ C 304, 13.12.2003	44
	Official Journal of the European Communities C 304
EN

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