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Document C:2003:124:TOC
Official Journal of the European Union, C 124, 24 May 2003
Official Journal of the European Union, C 124, 24 May 2003
Official Journal of the European Union, C 124, 24 May 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 124 Volume 46 24 May 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 124/01 | Judgment of the Court (Sixth Chamber) of 3 April 2003 in Case C-144/00 (Reference for a preliminary ruling from the Bundesgerichtshof): Matthias Hoffmann (VAT — Sixth Directive — Exemptions for certain activities in the public interest — Body — Meaning — Services performed by a natural person — Cultural services by a soloist) | 1 | |
| 2003/C 124/02 | Judgment of the Court (Fifth Chamber) of 3 April 2003 in Case C-116/01 (Reference for a preliminary ruling from the Raad van State): SITA EcoService Nederland BV, formerly Verol Recycling Limburg BV v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer (Environment — Waste — Regulation (EEC) No 259/93 — Directive 75/442/EEC — Treatment of waste in several stages — Use of waste as fuel in the cement industry and use of incineration residues as raw material in cement manufacture — Classification as a recovery operation or as a disposal operation — Concept of the use of waste principally as a fuel or other means to generate energy) | 1 | |
| 2003/C 124/03 | Judgment of the Court (Fifth Chamber) of 3 April 2003 in Case C-277/01 P: European Parliament v Ignacio Samper (Appeals — Officials — Reconstruction of career — Consideration of comparative merits) | 2 | |
| 2003/C 124/04 | Case C-70/03: Action brought on 17 February 2003 by the Commission of the European Communities against the Kingdom of Spain | 2 | |
| 2003/C 124/05 | Case C-96/03: Reference for a preliminary ruling by the College van Beroep voor het Bedrijfsleven by judgment of that Court of 7 January 2003 in the proceedings between A. Tempelman and Directeur van de Rijksdienst voor de keuring van Vee en Vlees | 3 | |
| 2003/C 124/06 | Case C-97/03: Reference for a preliminary ruling by the College van Beroep voor het Bedrijfsleven by judgment of that Court of 7 January 2003 in the proceedings between Mr and Mrs T.H.J.M. van Schajk and Directeur van de Rijksdienst voor de keuring van Vee en Vlees | 3 | |
| 2003/C 124/07 | Case C-98/03: Action brought on 28 February 2003 by the Commission of the European Communities against the Federal Republic of Germany | 4 | |
| 2003/C 124/08 | Case C-106/03 P: Appeal brought on 27 February 2003 by fax, confirmed by original lodged on 7 March 2003, by Védial SA against the judgment delivered on 12 December 2002 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-110/01 between Védial SA and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), the other party being France Distribution | 5 | |
| 2003/C 124/09 | Case C-107/03 P: Appeal brought on 27 February 2003 by fax, confirmed by the original lodged on 7 March 2003, by The Procter & Gamble Company against the judgment delivered on 12 December 2002 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-63/01 between The Procter & Gamble Company and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 5 | |
| 2003/C 124/10 | Case C-109/03: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by judgment of that Court of 8 January 2003 in the case of KPN Telecom B.V. against Onafhankelijke Post en Telecommunicatie Autoriteit; Interested parties: Denda Multimedia B.V. and Denda Directory Services B.V. | 6 | |
| 2003/C 124/11 | Case C-116/03 P: Appeal brought on 14 March 2003 by Augusto Fichtner, a former official of the Commission of the European Communities, against the judgment of 16 January 2003 of the Fourth Chamber of the Court of First Instance in Case T-75/00 Augusto Fichtner v Commission | 7 | |
| 2003/C 124/12 | Case C-117/03: Reference for a preliminary ruling by the Consiglio di Stato in sede giurisdizionale, Sezione Sesta by order of that Court of 17 December 2002 in the case of Società Italiana Dragaggi s.p.a. against Ministero delle Infrastrutture e dei Trasporti and Regione Autonoma del Friuli Venezia Giulia | 7 | |
| 2003/C 124/13 | Case C-124/03: Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by judgment of that Court of 11 March 2003 in the case of (1) Artrada (Freezone) NV, (2) Videmecum BV and (3) Jac. Meisner Internationaal Expeditiebedrijf BV against Rijksdienst voor de Keuring van Vee en Vlees | 8 | |
| 2003/C 124/14 | Case C-126/03: Action brought on 20 March 2003 by the Commission of the European Communities against the Federal Republic of Germany | 8 | |
| 2003/C 124/15 | Case C-128/03 and C-129/03: Reference for a preliminary ruling by the Consiglio di Stato by order of that Court of 14 January 2003 in the appeal brought by AEM SpA (C-128/03) and by AEM Torino SpA (C-129/03) against l'Autorità per l'energia elettrica e per il gas; Third party: ENEL Produzione SpA | 9 | |
| 2003/C 124/16 | Case C-130/03: Action brought on 24 March 2003 by the Commission of the European Communities against the Italian Republic | 9 | |
| 2003/C 124/17 | Case C-131/03 P: Appeal brought on 25 March 2003 by R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International Inc., and Japan Tobacco, Inc., against the judgment delivered on 15 January 2003 by the Second Chamber (Extended Composition) of the Court of First Instance of the European Communities in joined cases T-377/00, T-379/00, T-380/00, T-260/01 and T-272/01 between Philip Morris International, Inc., R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International Inc. and Japan Tobacco, Inc., and Commission of the European Communities, supported by European Parliament, Kingdom of Spain, French Republic, Italian Republic, Portuguese Republic, Republic of Finland, Federal Republic of Germany, Hellenic Republic, Kingdom of the Netherlands | 10 | |
| 2003/C 124/18 | Case C-135/03: Action brought on 26 March 2003 by the Commission of the European Communities against the Kingdom of Spain | 11 | |
| 2003/C 124/19 | Case C-139/03: Action brought on 27 March 2003 by the Commission of the European Communities against the Federal Republic of Germany | 12 | |
| 2003/C 124/20 | Case C-141/03: Action brought on 28 March 2003 by the Commission of the European Communities against the Kingdom of Sweden | 12 | |
| 2003/C 124/21 | Case C-142/03: Action brought on 31 March 2003 by the Commission of the European Communities against the Kingdom of Spain | 13 | |
| 2003/C 124/22 | Case C-144/03: Action brought on 31 March 2003 by Commission of the European Communities against the Portuguese Republic | 13 | |
| 2003/C 124/23 | Case C-146/03 P: Appeal brought on 31 March 2003 by Philip Morris International, Inc., against the judgment delivered on 15 January 2003 by the Second Chamber (Extended Composition) of the Court of First Instance of the European Communities in joined cases T-377/00, T-379/00, T-380/00, T-260/01 and T-272/01 between Philip Morris International, Inc., R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International Inc., and Japan Tobacco, Inc., and Commission of the European Communities, supported by European Parliament, Kingdom of Spain, French Republic, Italian Republic, Portuguese Republic, Republic of Finland, Federal Republic of Germany, Hellenic Republic, Kingdom of the Netherlands | 13 | |
| 2003/C 124/24 | Case C-154/03: Action brought on 3 April 2003 by the Commission of the European Communities against Ireland | 14 | |
| 2003/C 124/25 | Case C-160/03: Action brought on 8 April 2003 by the Kingdom of Spain against Eurojust | 15 | |
| 2003/C 124/26 | Case C-164/03: Action brought on 9 April 2003 by the Commission of the European Communities against the Republic of Austria | 16 | |
| 2003/C 124/27 | Removal from the register of Case C-107/02 | 16 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 124/28 | Judgment of the Court of First Instance of 6 March 2003 in Cases T-228/99 and T-233/99: Westdeutsche Landesbank Girozentrale and Land Nordrhein-Westfalen v Commission of the European Communities (State aid — Commission's lack of competence — Infringement of the rights of the defence — Infringement of essential procedural requirements — Concept of aid — Infringement of Articles 87 EC and 295 EC — Market economy investor — Appropriate rate of remuneration — Infringement of the obligation to state reasons) | 17 | |
| 2003/C 124/29 | Judgment of the Court of First Instance of 6 March 2003 in Joined Cases T-61/00 and T-62/00: Associazione Produttori Olivicoli Laziali (APOL) and Associazione Italiana Produattori Olivicoli (AIPO) v Commission of the European Communities (Agriculture — EAGF — Regulation (EEC) No 355/77 — Regulation (EEC) No 4253/88 Community Financial Assistance — Aid for the processing and marketing of agricultural products — Procedure to annul aid — Failure to comply with the conditions of grant — Force majeure — Principle of proportionality) | 17 | |
| 2003/C 124/30 | Judgment of the Court of First Instance of 19 March 2003 in Case T-213/00: CMA CGM and Others v Commission of the European Communities (Competition — Agreement between members of a liner conference and independent shipping companies — Charges and surcharges — Legal basis — Ryegulation (EEC) No 4056/86 — Regulation (EEC) No 1017/68 — Relevant market — Proof of infringement — Limitation period — Fine) | 18 | |
| 2003/C 124/31 | Judgment of the Court of First Instance of 12 March 2003 in Case T-174/01: Jean M. Goulbourn v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Application for Community word mark Silk Cocoon — Earlier word mark COCOON — Proof of genuine use of earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 — Right to be heard) | 18 | |
| 2003/C 124/32 | Judgment of the Court of First Instance of 19 March 2003 in Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios Tsarnavas v Commission of the European Communities (Officials — Admissibility — Promotion — Consideration of comparative merits of officials from different services) | 19 | |
| 2003/C 124/33 | Judgment of the Court of First Instance of 5 March 2003 in Case T-273/01: Innova Privat-Akademie GmbH v Commission of the European Communities (Community trade mark — Invalidity proceedings — "BSS" — Article 51 of Regulation (EC) No 40/94 — Absolute ground for refusal — Article 7(1)(d) of Regulation No 40/94 — Distinctive character acquired through use — Articles 7(3) and 51(2) of Regulation No 40/94) | 19 | |
| 2003/C 124/34 | Judgment of the Court of First Instance of 5 March 2003 in Case T-293/01: Donatella Ineichein v Commission of the European Communities (Temporary staff — Daily subsistence allowance — Place of recruitment — Evidence) | 19 | |
| 2003/C 124/35 | Judgment of the Court of First Instance of 13 March 2003 in Case T-166/02: José Pedro Pessoa e Costa v Commission of the European Communities (Officials — Decision to institute disciplinary proceedings — Decision rejecting a request for transfer to the European Monitoring Centre for Drugs and Drug Addiction) | 20 | |
| 2003/C 124/36 | Order of the Court of First Instance of 20 March 2003 in Case T-76/94: Rendert Jansma v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producer having entered into a non-marketing undertaking — Sale of the SLOM holding — Limitation period — No need to adjudicate) | 20 | |
| 2003/C 124/37 | Order of the Court of First Instance of 6 March 2003 in Case T-226/00 DEP and T-227/00 DEP: Nan Ya Plastics Corporation and Far Eastern Textiles Ltd v Council of the European Union (Taxation of costs) | 21 | |
| 2003/C 124/38 | Case T-17/03: Action brought on 16 January 2003 by Schmitz-Gotha Fahrzeugwerke GmbH against the Commission of the European Communities | 21 | |
| 2003/C 124/39 | Case T-28/03: Action brought by Alsen AG against the Commission of the European Communities on 31 January 2003 | 22 | |
| 2003/C 124/40 | Case T-52/03: Action brought on 13 February 2003 by Knauf Westdeutsche Gipswerke KG against the Commission of the European Communities | 22 | |
| 2003/C 124/41 | Case T-66/03: Action brought on 26 February 2003 by Koffiebranderij en Theehandel "Drie Mollen sinds 1818" B.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 23 | |
| 2003/C 124/42 | Case T-67/03: Action brought on 27 February 2003 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 24 | |
| 2003/C 124/43 | Case T-73/03: Action brought on 26 February 2003 by Bernard Zaoui, Lucien Zaoui and Déborah Stain, née Zaoui against the Commission of the European Communities | 24 | |
| 2003/C 124/44 | Case T-74/03: Action brought on 3 March 2003 by Intech EDM B.V. against the Commission of the European Communities | 25 | |
| 2003/C 124/45 | Case T-80/03: Action brought on 3 March 2003 by Lucchini S.p.A. against the Commission of the European Communities | 26 | |
| 2003/C 124/46 | Case T-85/03: Action brought on 5 March 2003 by the Government of the Cayman Islands against the Commission of the European Communities | 26 | |
| 2003/C 124/47 | Case T-99/03: Action brought on 13 March 2002 by María Luisa Atienza Morales against the Commission of the European Communities | 27 | |
| 2003/C 124/48 | Case T-107/03: Action brought on 20 March 2003 by Regione Marche against Commission of the European Communities | 28 | |
| 2003/C 124/49 | Case T-111/03: Action brought on 27 March 2003 by T against Commission of the European Communities | 28 | |
| 2003/C 124/50 | Removal from the register of Case T-77/00 | 29 | |
| 2003/C 124/51 | Removal from the register of Case T-208/02 | 29 | |
| 2003/C 124/52 | Removal from the register of Case T-245/02 | 29 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 124/53 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 112, 10.5.2003 | 30 | |
| Official Journal of the European Communities C 112 | |||
| EN | |||