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Document C:2003:101:TOC
Official Journal of the European Union, C 101, 26 April 2003
Official Journal of the European Union, C 101, 26 April 2003
Official Journal of the European Union, C 101, 26 April 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 101 Volume 46 26 April 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 101/01 | Opinion 1/03: Request by the Council of the European Union for an Opinion pursuant to Article 300(6) EC | 1 | |
| 2003/C 101/02 | Judgment of the Court of 6 March 2003 in Case C-41/00 P: Interporc Im- und Export GmbH v Commission of the European Communities (Appeals — Decision 94/90/ECSC, EC, Euratom — Access to documents — Documents held by the Commission and emanating from the Member States or third countries — Authorship rule) | 1 | |
| 2003/C 101/03 | Judgment of the Court (Sixth Chamber) of 6 March 2003 in Case C-240/00: Commission of the European Communities v Republic of Finland (Directive 79/409/EEC — Protection of wild birds and their habitats — Special protection areas) | 1 | |
| 2003/C 101/04 | Judgment of the Court of 25 February 2003 in Case C-326/00 (Reference for a preliminary ruling from the Dioikitiko Protodikeio Thessalonikis): Idryma Koinonikon Asfaliseon (IKA) v Vasilios Ioannidis (Social security — Hospital treatment of a pensioner during a stay in a Member State other than the State in which he resides — Conditions for funding — Articles 31 and 96 of Regulation (EEC) No 1408/71 — Articles 31 and 93 of Regulation (EEC) No 574/72) | 2 | |
| 2003/C 101/05 | Judgment of the Court (Sixth Chamber) of 27 February 2003 in Case C-327/00 (Reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia): Santex SpA v Unità Socio Sanitaria Locale n. 42 di Pavia (Directive 93/36/EEC — Public supply contracts — Directive 89/665/EEC — Review procedures applicable to public contracts — Limitation period — Principle of effectiveness) | 3 | |
| 2003/C 101/06 | Judgment of the Court (Fifth Chamber) of 27 February 2003 in Case C-373/00 (Reference for a preliminary ruling from the Vergabekontrollsenat des Landes Wien): Adolf Truley GmbH v Bestattung Wien GmbH (Directive 93/36/EEC — Public supply contracts — Concept of "contracting authority" — Public-law body — Funeral undertaking) | 3 | |
| 2003/C 101/07 | Judgment of the Court (Fifth Chamber) of 27 February 2003 in Case C-389/00: Commission of the European Communities v Federal Republic of Germany (Failure to fulfil obligations — Articles 23 and 25 EC — Charge having an equivalent effect- Export of waste — Basle Convention — Regulation No 259/93 — Contribution to a solidarity fund) | 4 | |
| 2003/C 101/08 | Judgment of the Court (Third Chamber) of 13 February 2003 in Case C-409/00: Kingdom of Spain v Commission of the European Communities (State Aid — Transport — Commission notice on the "de minimis" rule for State aid — Relevant market — Transport services on own account — Transport services for hire or reward — Community guidelines on State aid for environmental protection) | 5 | |
| 2003/C 101/09 | Judgment of the Court of 6 March 2003 in Case C-466/00 (Reference for a preliminary ruling from the Immigration Adjudicator): Arben Kaba v Secretary of State for the Home Department (Free movement of workers — Regulation (EEC) No 1612/68 — Social advantage — Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State) | 5 | |
| 2003/C 101/10 | Judgment of the Court (Sixth Chamber) of 6 March 2003 in Case C-14/01 (Reference for a preliminary ruling from the Verwaltungsgericht Hannover): Molkerei Wagenfeld Karl Niemann GmbH & Co. KG v Bezirksregierung Hannover (Common organisation of the markets — Milk and milk products — Scheme of aid for skimmed milk — Validity of Regulation (EC) No 2799/1999 — Powers of the Commission (Article 11(1) of Regulation (EC) No 1255/1999) — Prohibition of discrimination (Article 34(2) EC) — Principles of legal certainty and the protection of legitimate expectations) | 6 | |
| 2003/C 101/11 | Judgment of the Court of 25 February 2003 in Case C-59/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Directive 92/49/EEC — Freedom to set premiums and abolition of prior or systematic controls over premiums and contracts — Gathering of information) | 6 | |
| 2003/C 101/12 | Judgment of the Court of 6 March 2003 in Case C-213/01 P: T Port GmbH & Co. KG v Commission of the European Communities (Appeal — Bananas — Imports from ACP States and non-member countries — Calculation of annual reference quantity allocated to operators — Imports in accordance with interim measures ordered by a national court in interlocutory proceedings — Action for damages) | 7 | |
| 2003/C 101/13 | Judgment of the Court (Fifth Chamber) of 27 February 2003 in Case C-320/01 (Reference for a preliminary ruling from the Arbeitsgericht Lübeck): Wiebke Busch v Klinikum Neustadt GmbH & Co. Betriebs-KG (Equal treatment for men and women — Article 2(1) of Directive 76/207/EEC — Protection of pregnant women) | 7 | |
| 2003/C 101/14 | Judgment of the Court (Sixth Chamber) of 27 February 2003 in Case C-415/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Conservation of wild birds — Special protection areas) | 8 | |
| 2003/C 101/15 | Judgment of the Court (Fourth Chamber) of 6 March 2003 in Case C-478/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Freedom to supply services — Patent agents — Choice of domicile with an approved agent — Article 10 EC — Member States' duty of cooperation) | 9 | |
| 2003/C 101/16 | Judgment of the Court (Fifth Chamber) of 6 March 2003 in Case C-485/01 (Reference for a preliminary ruling from the Tribunal civile e penale di Trento): Francesca Caprini v Conservatore Camera di Commercio, Industria, Artigianato e Agricoltura (CCIAA) (Directive 86/653/EEC — Self-employed commercial agents — National legislation requiring enrolment of a commercial agent in a register provided for that purpose as a prior condition of registration in the register of undertakings) | 9 | |
| 2003/C 101/17 | Judgment of the Court (Third Chamber) of 6 March 2003 in Case C-6/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil obligations — Free movement of goods — Measures having equivalent effect — Indication of provenance — Regional labels) | 10 | |
| 2003/C 101/18 | Judgment of the Court (Fourth Chamber) of 6 March 2003 in Case C-211/02: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil obligations — Failure to transpose Directive 97/66/EC within the prescribed periods) | 10 | |
| 2003/C 101/19 | Order of the Court (Fifth Chamber) of 27 February 2003 In Joined Cases C-307/00 to C-311/00 (Reference for a preliminary ruling from the Raad van State): Oliehandel Koeweit BV (C-307/00), Slibverwerking Noord-Brabant NV, Glückauf Sondershausen Entwicklungs- und Sicherungsgesellschaft mbH (C-308/00), PPG Industries Fiber Glass BV (C-309/00), Stork Veco BV (C-310/00), Sturing Afvalverwijdering Noord-Brabant NV, Afvalverbranding Zuid Nederland NV, Mineralplus Gesellschaft für Mineralstoffaufbereitung und Verwertung mbH, formerly UTR Umwelt GmbH (C-311/00) and Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Article 104(3) of the Rules of Procedure — Environment — Directive 75/442/EEC on waste — Regulation (EEC) No 259/93 concerning the shipment of waste — Directive 75/439/EEC on the disposal of waste oils — Classification — Waste disposal and recovery operations — Objections to shipments — Legal basis — Illegal shipments) | 11 | |
| 2003/C 101/20 | Order of the Court (Fourth Chamber) of 25 February 2003 in Case C-445/01 (reference for a preliminary ruling from the Tribunale di Biella): Roberto Simoncello, Piera Boerio v Direzione Provinciale di Lavoro (Freedom of establishment — Freedom of movement for workers — Public undertaking — Requirements concerning hiring of workers — Inadmissibility) | 12 | |
| 2003/C 101/21 | Order of the Court of Justice (Fourth Chamber) of 5 December 2002 in Case C-461/01 P: Polyxeni Tessa and Andreas Tessas v Council of the European Union (Appeal — State aid — Decision adopted on the basis of the third subparagraph of Article 93(2) of the EC Treaty (now the third subparagraph of Article 88(2) EC — Application for annulment — Appeal in part manifestly inadmissible and in part manifestly unfounded) | 12 | |
| 2003/C 101/22 | Order of the Court (Second Chamber) of 12 February 2003 in Case C-23/02 (Reference for a preliminary ruling from the Cour de cassation): Office national de l'emploi v Mohamed Alami (Article 104(3) of the Rules of Procedure — EEC-Morocco Cooperation Agreement — Article 41 — Principle of non-discrimination in the field of social security — Scope — Unemployment benefit) | 13 | |
| 2003/C 101/23 | Order of the Court (First Chamber) of 27 February 2003 in Case C-82/02 (Reference for a preliminary ruling from the Hof van Cassatie): Agence Maritime Lalemant NV v Malzfabrik Tivoli GmbH, Malteurop GIE, Belgisch Interventie- en Restitutiebureau and between Malzfabrik Tivoli GmbH and Belgisch Interventie- en Restitutiebureau (Article 104(3) of the Rules of Procedure — Agriculture — Export refunds — Conditions for payment — Leaving the geographical territory of the Community — Definition) | 13 | |
| 2003/C 101/24 | Order of the Court of Justice (First Chamber) of 30 January 2003 in Case C-176/02 P: Laboratoire Monique Rémy SAS v Commission of the European Communities (Appeal — Action seeking annulment — Inadmissibility on grounds of lateness — Appeal manifestly inadmissible) | 14 | |
| 2003/C 101/25 | Case C-6/03: Reference for a preliminary ruling by the Verwaltungsgericht Koblenz by order of that Court of 4 December 2002 in the dispute of administrative law between Eiterköpfe and Land Rheinland-Pfalz | 14 | |
| 2003/C 101/26 | Case C-7/03: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court dated 18 December 2002, in the case of Société de produits Nestlé SA against Unilever plc | 15 | |
| 2003/C 101/27 | Case C-26/03: Reference for a preliminary ruling by the Oberlandesgericht Naumburg by order of that Court of 8 January 2003 in the procurement review proceedings, Parties to the proceedings being 1. The City of Halle, 2. RPL Recyclingpark Lochau GmbH and 3. The Thermische Restabfall- und Energieverwertungsanlage TREA Leuna consortium | 15 | |
| 2003/C 101/28 | Case C-31/03: Reference for a preliminary ruling by the Bundesgerichtshofes by order of that Court of 17 December 2002 in the appeal proceedings brought by Pharmacia & Upjohn S.p.A | 17 | |
| 2003/C 101/29 | Case C-42/03: Action brought on 4 February 2003 by the Commission of the European Communities against the Kingdom of Spain | 17 | |
| 2003/C 101/30 | Case C-53/03: Reference for a preliminary ruling by the Epitropi Antagonismou by order of that Court of 22 January 2003 in the case of Sinetairismos Farmakopion Aitolias & Akarnanias — SIFAIT and Others against GLAXOWELLCOME AEVE (subsequently called GLAXOSMITHKLINE AEVE) | 18 | |
| 2003/C 101/31 | Case C-61/03: Action brought on 14 February 2003 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland | 19 | |
| 2003/C 101/32 | Case C-62/03: Action brought on 14 February 2003 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland | 19 | |
| 2003/C 101/33 | Case C-64/03: Action brought on 14 February 2003 by the Commission of the European Communities against the Federal Republic of Germany | 20 | |
| 2003/C 101/34 | Case C-73/03: Action brought on 19 February 2003 by the Kingdom of Spain against the Commission of the European Communities | 20 | |
| 2003/C 101/35 | Case C-74/03: Reference for a preliminary ruling by the Østre Landsret by order of that Court of 14 February 2003 in the case of SmithKline Beecham plc against Lægemiddelstyrelsen; interveners being Synthon BV and Genthon BV | 21 | |
| 2003/C 101/36 | Case C-75/03: Action brought on 19 February 2003 by the Commission of the European Communities against Ireland | 22 | |
| 2003/C 101/37 | Case C-77/03: Action brought on 20 February 2003 by the Commission of the European Communities against the Federal Republic of Germany | 22 | |
| 2003/C 101/38 | Case C-78/03 P: Appeal brought on 20 February 2003 (by fax on 19 February 2003) by the Commission of the European Communities against the judgment delivered on 5 December 2002 by the Fourth Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-114/00 between Aktionsgemeinschaft Recht und Eigentum eV and Commission of the European Communities, supported by the Federal Republic of Germany | 23 | |
| 2003/C 101/39 | Case C-79/03: Action brought on 21 February 2003 by Commission of the European Communities against Kingdom of Spain | 24 | |
| 2003/C 101/40 | Case C-81/03: Action brought on 24 February 2003 (by fax on 21 February 2003) by the Commission of the European Communities against the Republic of Austria | 24 | |
| 2003/C 101/41 | Case C-82/03: Action brought on 25 February 2003 by the Commission of the European Communities against the Italian Republic | 25 | |
| 2003/C 101/42 | Case C-84/03: Action brought on 26 February 2003 by the Commission of the European Communities against the Kingdom of Spain | 25 | |
| 2003/C 101/43 | Case C-89/03: Action brought on 27 February 2003 by the Commission of the European Communities against the Grand-Duchy of Luxembourg | 26 | |
| 2003/C 101/44 | Case C-93/03: Action brought on 28 February 2003 by Commission of the European Communities against Portuguese Republic | 26 | |
| 2003/C 101/45 | Case C-94/03: Action brought on 28 February 2003 by the Commission of the European Communities against the Council of the European Union | 27 | |
| 2003/C 101/46 | Case C-95/03: Reference for a preliminary ruling by the Tribunal du Travail de Bruxelles by judgment of that Court of 13 February 2003 in the case of Mr Vincenzo Piliego against Centre Public d'Aide Sociale de Bruxelles, C.P.A.S. | 27 | |
| 2003/C 101/47 | Case C-99/03: Action brought on 4 March 2003 by the Commission of the European Communities against Ireland | 28 | |
| 2003/C 101/48 | Case C-101/03: Reference for a preliminary ruling by the Tribunale di Milano — Prima sezione penale by order of that Court of 26 November 2002 in the criminal proceedings against Alfonso Galeazzo and Marco Benatti | 28 | |
| 2003/C 101/49 | Case C-102/03: Reference for a preliminary ruling by the Tribunale di Brindisi — Ufficio per le Indagini Preliminari by order of that Court of 14 January 2003 in the criminal proceedings against Gianfranco Casale and Giuseppe Eugenio Caroli | 29 | |
| 2003/C 101/50 | Case C-104/03: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by order of that Court of 12 December 2002 in the case of St Paul Dairy Industries NV against Unibel Exser BVBA | 30 | |
| 2003/C 101/51 | Removal from the register of Case C-435/01 | 30 | |
| 2003/C 101/52 | Removal from the register of Case C-324/02 | 30 | |
| 2003/C 101/53 | Removal from the register of Case C-331/02 | 31 | |
| 2003/C 101/54 | Removal from the register of Case C-339/02 | 31 | |
| 2003/C 101/55 | Removal from the register of Case C-344/02 | 31 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 101/56 | Judgment of the Court of First Instance of 6 February 2003 in Case T-7/01: Norman Pyres v Commission of the European Communities (Member of the temporary staff — Extension of contract — Term) | 32 | |
| 2003/C 101/57 | Judgment of the Court of First Instance of 15 January 2003 in Case T-99/01: Mystery drinks GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier national trade mark Mixery — Application for Community word mark MYSTERY — Proof of use of earlier mark — Relative ground for refusal — Article 8(1)(b) of Regulation No 40/94) | 32 | |
| 2003/C 101/58 | Judgment of the Court of First Instance of 13 February 2003 in Case T-333/01: Karl L. Meyer v Commission of the European Communities (OCT — Action for damages — Duty of publication and control — Causal link) | 32 | |
| 2003/C 101/59 | Judgment of the Court of First Instance of 11 February 2003 in Case T-30/02: Wolfgang Leonhardt v European Parliament (Officials — Reports — Promotion — Amendment to the rules — Transitional measures) | 33 | |
| 2003/C 101/60 | Judgment of the Court of First Instance of 27 September 2002 in Case T-211/02: Tideland Signal Limited v Commission of the European Communities (Public procurement — Rejection of tender — Failure to exercise power to seek clarification of tender — Action for annulment — Expedited procedure) | 33 | |
| 2003/C 101/61 | Order of the Court of First Instance of 13 December 2002 in Case T-81/01: Marc Oscar Henri Verdoodt and Ingrid Edmondus Malvina Rademakers-Verdoodt v Commission of the European Communities (Action for annulment — Action becoming devoid of purpose — No need to adjudicate — Award of costs) | 33 | |
| 2003/C 101/62 | Order of the Court of First Instance of 11 February 2003 in Case T-83/02: Jan Pflugradt v European Central Bank (Staff of the European Central Bank — Formal warning — Measure having an adverse effect — Pre-litigation procedure — Inadmissibility) | 34 | |
| 2003/C 101/63 | Order of the President of the Court of First Instance of 31 January 2003 in Case T-224/02 R: Miguel Forcat Icardo v Commission of the European Communities (Proceedings for interim measures — Officials — Inadmissibility — Urgency — No urgency) | 34 | |
| 2003/C 101/64 | Order of the Court of First Instance of 3 February 2003 in Case T-253/02: Chafiq Ayadi v Council of the European Union and Commission of the European Communities (Action for annulment — Council Regulation — Action brought against the Council and the commission — Partial inadmissibility) | 34 | |
| 2003/C 101/65 | Order of the President of the Court of First Instance of 19 December 2002 in Case T-320/02 R: Monika Esch-Leonhardt and Others v European Central Bank (Proceedings for interim relief — Urgency — No urgency) | 35 | |
| 2003/C 101/66 | Case T-380/02: Action brought on 18 December 2002 by Success-Marketing Unternehmensberatungesellschaft m.b.H. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 35 | |
| 2003/C 101/67 | Case T-32/03: Action brought on 3 February 2003 by Leder & Schuh AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 36 | |
| 2003/C 101/68 | Case T-34/03: Action brought on 4 February 2003 by André Hecq and Syndicat des Fonctionnaires Internationaux et Européens (SFIE) against Commission of the European Communities | 37 | |
| 2003/C 101/69 | Case T-36/03: Action brought on 31 January 2003 by José Pedro Pessoa e Costa against Commission of the European Communities | 38 | |
| 2003/C 101/70 | Case T-39/03: Action brought on 7 February 2003 by DaimlerChrysler AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 38 | |
| 2003/C 101/71 | Case T-40/03: Action brought on 10 February 2003 by Julián Murúa Entrena against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 39 | |
| 2003/C 101/72 | Case T-43/03: Action brought on 10 February 2003 by La Maison de l'Europe Avignon-Méditerranée against Commission of the European Communities | 39 | |
| 2003/C 101/73 | Case T-44/03: Action brought on 7 February 2003 by Giorgio Lebedef and Others against Commission of the European Communities | 40 | |
| 2003/C 101/74 | Case T-45/03: Action brought on 6 February 2003 by Riva Acciaio S.p.A. against the Commission of the European Communities | 40 | |
| 2003/C 101/75 | Case T-47/03: Action brought on 6 February 2003 by Jose Maria Sison against the Council of the European Union and the Commission of the European Communities | 41 | |
| 2003/C 101/76 | Case T-48/03: Action brought on 10 February 2003 by Schneider Electric S.A. against Commission of the European Communities | 42 | |
| 2003/C 101/77 | Case T-49/03: Action brought on 6 February 2003 by Gunda Schumann against the Commission of the European Communities | 43 | |
| 2003/C 101/78 | Case T-50/03: Action brought on 10 February 2003 by Gyproc Benelux N.V. against Commission of the European Communities | 44 | |
| 2003/C 101/79 | Case T-51/03: Action brought on 11 February 2003 by Pi-Design AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 45 | |
| 2003/C 101/80 | Case T-53/03: Action brought on 14 February 2003 by BPB plc against the Commission of the European Communities | 45 | |
| 2003/C 101/81 | Case T-54/03: Action brought on 14 February 2003 by Lafarge SA against Commission of the European Communities | 46 | |
| 2003/C 101/82 | Case T-55/03: Action brought on 12 February 2003 by Philippe Brendel against Commission of the European Communities | 47 | |
| 2003/C 101/83 | Case T-56/03: Action brought on 10 February 2003 by Bioelettrica S.p.A. against the Commission of the European Communities | 47 | |
| 2003/C 101/84 | Case T-58/03: Action brought on 20 February 2003 by Acciaierie e Ferriere Leali Luigi S.p.A. (in liquidation) against the Commission of the European Communities | 48 | |
| 2003/C 101/85 | Case T-59/03: Action brought on 19 February 2003 by TQ3 Travel Solutions GmbH and TQ3 Travel Solutions EMEA GmbH against the Commission of the European Communities | 49 | |
| 2003/C 101/86 | Case T-60/03: Action brought on 20 February 2003 by Regione Siciliana against the Commission of the European Communities | 50 | |
| 2003/C 101/87 | Case T-61/03: Action brought on 18 February 2003 by Irwin Industrial Tool Company against the Office for Harmonization in the Internal Market | 50 | |
| 2003/C 101/88 | Case T-62/03: Action brought on 24 February 2003 by Georges Vassilakis against Commission of the European Communities | 51 | |
| 2003/C 101/89 | Case T-65/03: Action brought on 25 February 2003 by Fondation Alsace against Commission of the European Communities | 51 | |
| 2003/C 101/90 | Case T-69/03: Action brought on 28 February 2003 by Miguel Angel Poveda Morillas against the European Parliament | 52 | |
| 2003/C 101/91 | Case T-76/03: Action brought on 28 February 2003 by Herbert Meister against Office for Harmonization in the Internal Market (OHIM) | 52 | |
| 2003/C 101/92 | Case T-83/03: Action brought on 3 March by Tomás Salazar Brier against Commission of the European Communities | 53 | |
| 2003/C 101/93 | Removal from the register of Case T-305/01 | 53 | |
| 2003/C 101/94 | Removal from the register of Case T-84/02 | 53 | |
| 2003/C 101/95 | Removal from the register of Case T-244/02 | 54 | |
| 2003/C 101/96 | Removal from the register of Case T-345/02 | 54 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 101/97 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 83, 5.4.2003 | 55 | |
| Official Journal of the European Communities C 083 | |||
| EN | |||