ISSN 1725-2423

Official Journal

of the European Union

C 132

English edition

Information and Notices

Volume 48
28 May 2005

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 132/1

Judgment of the Court (Second Chamber) of 14 April 2005 in Case C-460/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Regulations (EEC) Nos 2913/92 and 2454/93 — External Community transit procedure — Customs authorities — Procedures for collecting import duties — Time-limits — Non-compliance — Community own resources — Making available — Time-limit — Non-compliance — Default interest — Member State concerned — Default on payment)

1

2005/C 132/2

Judgment of the Court (Second Chamber) of 14 April 2005 in Case C-104/02: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Regulations (EEC) Nos 2913/92 and 2454/93 — External Community transit procedure — Customs authorities — Procedures for collecting import duties — Time-limits — Non-compliance — Community own resources — Making available — Time-limit — Non-compliance — Default interest — Member State concerned — Default on payment)

2

2005/C 132/3

Judgment of the Court (Third Chamber) of 17 March 2005 in Case C-437/02: Commission of the European Communities against Republic of Finland (Failure of a Member State to fulfil obligations — Fisheries — Regulations (EEC) Nos 3760/92 and 2847/93 — Conservation and management of fishery resources — Control measures for fishing activities)

2

2005/C 132/4

Judgment of the Court (Third Chamber) of 14 April 2005 in Case C-468/02: Kingdom of Spain v Commission of the European Communities (EAGGF — Exclusion of certain expenditure — Public storage of olive oil — Arable crops sector)

3

2005/C 132/5

Judgment of the Court (First Chamber) of 14 April 2005 in Case C-6/03 (reference for a preliminary ruling from the Verwaltungsgericht Koblenz): Deponiezweckverband Eiterköpfe v Land Rheinland-Pfalz (Environment — Landfill of waste — Directive 1999/31 — Domestic legislation laying down more stringent rules — Compatibility)

3

2005/C 132/6

Judgment of the Court (Grand Chamber) of 12 April 2005 in Case C-61/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — EAEC Treaty — Scope — Military installations — Health and safety — Decommissioning of a nuclear reactor — Disposal of radioactive waste)

3

2005/C 132/7

Judgment of the Court (Second Chamber) of 17 March 2005 in Case C-91/03: Kingdom of Spain v Council of the European Union (Conservation and exploitation of fisheries resources — Regulation (EC) No 2371/2002)

4

2005/C 132/8

Judgment of the Court (Third Chamber) of 14 April 2005 in Case C-110/03: Kingdom of Belgium v Commission of the European Communities (Action for anuulment — Regulation (EC) No 2204/2002 — Horizontal State aid — Aid for employment — Legal certainty — Subsidiarity — Proportionality — Coherence of Community action — Non-discrimination — Regulation (EC) No 994/98 — Objection of illegality)

4

2005/C 132/9

Judgment of the Court (Third Chamber) of 14 April 2005 in Joined Cases C-128/03 and C-129/03 (reference for a preliminary ruling from the Consiglio di Stato): AEM SpA (C-128/03), AEM Torino SpA (C-129/03) v Autorità per l'energia elettrica e per il gas and Others (Internal market in electricity — Increased charge for access to and use of the national electricity transmission system — State aid — Directive 96/92/EC — Access to the system — Principle of non-discrimination)

5

2005/C 132/10

Judgment of the Court (Grand Chamber) of 12 April 2005 in Case C-145/03 Reference for a preliminary ruling from the Juzgado de lo Social no 20 de Madrid: Heirs of Annette Keller v Instituto Nacional de la Seguridad Social (INSS) and Others (Social security — Articles 3 and 22 of Regulation No 1408/71 — Article 22 of Regulation No 574/72 — Hospital treatment in a Member State other than the competent Member State — Need for vital urgent treatment — Transfer of the insured person to a hospital institution in a non-member country — Scope of forms E 111 and E 112)

5

2005/C 132/11

Judgment of the Court (Second Chamber) of 14 April 2005 in Case C-157/03: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directives 68/360/EEC, 73/148/EEC, 90/365/EEC and 64/221/EEC — Right of residence — Residence permit — Third-country national who is a member of the family of a Community national — Time-limit for issue of residence permit)

6

2005/C 132/12

Judgment of the Court (Grand Chamber) of 15 March 2005 in Case C-160/03: Kingdom of Spain v Eurojust (Action for annulment under Article 230 EC — Action brought by a Member State challenging calls for applications, issued by Eurojust, for positions as members of the temporary staff — No jurisdiction of the Court — Inadmissible)

7

2005/C 132/13

Judgment of the Court (First Chamber) of 17 March 2005 in Case C-170/03 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Staatssecretaris van Financiën v J.H.M. Feron (Regulation (EEC) No 918/83 — Relief from customs duties — Meaning of ‘personal property’ and ‘possession’ — Motor vehicle made available to a person by his employer)

7

2005/C 132/14

Judgment of the Court (Grand Chamber) of 15 March 2005 in Case C-209/03 Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court) The Queen (on the application of Dany Bidar) v London Borough of Ealing, Secretary of State for Education and Skills (Citizenship of the Union — Articles 12 EC and 18 EC — Assistance for students in the form of subsidised loans — Provision limiting the grant of such loans to students settled in national territory)

8

2005/C 132/15

Judgment of the Court (Third Chamber) of 17 March 2005 in Case C-228/03 (reference for a preliminary ruling from the Korkein oikeus): The Gillette Company, Gillette Group Finland Oy v LA-Laboratories Ltd Oy (Trade marks — Directive 89/104/EEC — Article 6(1)(c) — Limitations on the protection conferred by the trade mark — Use by a third party where it is necessary to indicate the intended purpose of a product or service)

8

2005/C 132/16

Judgment of the Court (Grand Chamber) of 12 April 2005 in Case C-265/03: Reference for a preliminary ruling from the Audiencia Nacional: Igor Simutenkov v Ministerio de Educación y Cultura, Real Federación Española de Fútbol (Communities-Russia Partnership Agreement — Article 23(1) — Direct effect — Conditions relating to employment — Principle of non-discrimination — Football — Limit on the number of professional players having the nationality of non-member countries who may appear on a team in a national competition)

9

2005/C 132/17

Judgment of the Court (Second Chamber) of 14 April 2005 in Case C-335/03: Portuguese Republic v Commission of the European Communities (EAGGF — Beef premium — Monitoring — Representativeness of sampling — Transposition of monitoring results to the preceding years — Reasons)

10

2005/C 132/18

Judgment of the Court (Fourth Chamber) of 17 March 2005 in Case C-467/03: Reference for a preliminary ruling from the Finanzgericht München in Ikegami Electronics (Europe) GmbH v Oberfinanzdirektion Nürnberg (Common Customs Tariff — Tariff headings — Tariff classification of a digital recording machine — Classification under the Combined Nomenclature)

10

2005/C 132/19

Judgment of the Court (Fifth Chamber) of 10 March 2005 in Case C-469/03: Reference for a preliminary ruling from the Tribunale di Bologna Filomeno Mario Miraglia (Article 54 of the Convention implementing the Schengen Agreement — Principle ne bis in idem — Scope — Decision of a Member State's judicial authorities to discontinue prosecution by reason solely of the initiation of similar proceedings in another Member State)

10

2005/C 132/20

Judgment of the Court (First Chamber) of 17 March 2005 in Case C-109/04 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Karl Robert Kranemann v Land Nordrhein-Westfalen (Article 48 of the EC Treaty (now, after amendment, Article 39 EC) — Freedom of movement for workers — Civil servant undergoing preparatory practical training — Practical training completed in another Member State — Reimbursement of travel expenses limited to the domestic stretch of the journey)

11

2005/C 132/21

Judgment of the Court (Third Chamber) of 17 March 2005 in Case C-128/04: Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Dendermonde in the criminal proceedings against Annic Andréa Raemdonck and Raemdonck-Janssens BVBA (Road transport — Social legislation — Regulation (EEC) No 3821/85 — Requirement to instal and use a tachograph — Regulation (EEC) No 3820/85 — Exception for vehicles carrying material and equipment)

11

2005/C 132/22

Judgment of the Court (Third Chamber) of 14 April 2005 in Case C-243/04 P: Zoé Gaki-Kakouri v Court of Justice of the European Communities (Appeal — System of payment for members and former members of the Court — Rights of a woman divorced from a former member of the Court who is deceased)

12

2005/C 132/23

Case C-103/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 2 February 2005 in Reisch Montage AG v Kiesel Baumaschinen Handels GmbH

12

2005/C 132/24

Case C-109/05: Action brought on 3 March 2005 by the Commission of the European Communities against the Republic of Austria

12

2005/C 132/25

Case C-119/05: Reference for a preliminary ruling from the Consiglio di Stato (Sixth Chamber) by order of that court of 22 October 2004 in the case of Ministero dell'Industria, Commercio ed Artigianato v Spa Lucchini Siderurgica

13

2005/C 132/26

Case C-126/05: Action brought on 21 March 2005 by Commission of the European Communities against United Kingdom of Great Britain and Northern Ireland

13

2005/C 132/27

Case C-131/05: Action brought on 21 March 2005 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland

14

2005/C 132/28

Case C-132/05: Action brought on 21 March 2005 by the Commission of the European Communities against the Federal Republic of Germany

15

2005/C 132/29

Case C-135/05: Action brought on 23 March 2005 by Commission of the European Communities against Italian Republic

15

2005/C 132/30

Case C-137/05: Action brought on 24 March 2005 by United Kingdom of Great Britain and Northern Ireland against Council of the European Union

16

2005/C 132/31

Case C-145/05: Reference for a preliminary ruling from the Cour de Cassation (Belgium) by judgment of that court of 17 March 2005 in Levi Strauss & Co v Casucci Spa

17

2005/C 132/32

Case C-149/05: Reference for a preliminary ruling from the Cour d'appel de Paris by judgment of 23 March 2005 in Harold Price v Conseil des ventes volontaires de meubles aux enchères publiques

17

2005/C 132/33

Case C-152/05: Action brought on 5 April 2005 by the Commission of the European Communities against the Federal Republic of Germany

18

2005/C 132/34

Case C-156/05: Action brought on 5 April 2005 by the Commission of the European Communities against the Hellenic Republic

18

2005/C 132/35

Case C-159/05: Action brought on 6 April 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

19

2005/C 132/36

Case C-161/05: Action brought on 7 April 2005 by the Commission of the European Communities against the Italian Republic

19

2005/C 132/37

Case C-163/05: Action brought on 8 April 2005 by the Commission of the European Communities against the Portuguese Republic

20

2005/C 132/38

Case C-165/05: Action brought on 8 April 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

20

2005/C 132/39

Case C-172/05 P: Appeal brought on 15 April 2005 by O. Mancini against the judgment delivered on 3 February 2005 by the Court of First Instance in Case T-137/03 between O. Mancini and the Commission of the European Communities

21

COURT OF FIRST INSTANCE

2005/C 132/40

Judgment of the Court of First Instance of 17 March 2005 in Case T-192/98 Comité des industries du coton and des fibres connexes de l'Union européenne (Eurocoton) v Council of the European Union (Dumping — Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty — Absence of simple majority necessary for the adoption of a regulation — Obligation to state reasons)

22

2005/C 132/41

Judgment of the Court of First Instance of 17 March 2005 in Case T-195/98 Ettlin Gesellschaft für Spinnerei und Weberei AG and Others v Council of the European Union (Dumping — Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty — Absence of simple majority necessary for the adoption of a regulation — Obligation to state reasons)

22

2005/C 132/42

Judgment of the Court of First Instance of 17 March 2005 in Case T-177/00, Koninklijke Philips Electronics NV v Council of the European Union (Dumping — Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty — Absence of simple majority necessary for the adoption of a regulation — Obligation to state reasons)

23

2005/C 132/43

Judgment of the Court of First Instance of 15 March 2005 in Case T-29/02 Global Electronic Finance Management (GEF) SA v Commission of the European Communities (Arbitration clause — Non-performance of contract — Counterclaim)

24

2005/C 132/44

Judgment of the Court of First Instance of 16 March 2005 in Case T-283/02 EnBW Kernkraft GmbH v Commission of the European Communities (TACIS Programme — Services provided in connection with a nuclear power station in Ukraine — Not paid for — Jurisdiction of the Court of First Instance — Action for compensation — Non-contractual liability)

24

2005/C 132/45

Judgment of the Court of First Instance of 16 March 2005 in Case T-112/03 L'Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for word mark FLEXI AIR — Earlier word mark FLEX — Relative ground for refusal — Likelihood of confusion — Request for proof of genuine use — Article 8(1)(b), Article 8(2)(a)(ii) and Article 43(2) of Regulation (EC) No 40/94)

25

2005/C 132/46

Judgment of the Court of First Instance of 17 March 2005 in Case T-160/03 AFCon Management Consultants and Others v Commission of the European Communities (Tacis Programme — Invitation to tender — Irregularities in the tendering procedure — Action for damages)

25

2005/C 132/47

Judgment of the Court of First Instance of 17 March 2005 in Case T-285/03 Agraz, SA and Others v Commission of the European Communities (Agriculture — Common organisation of the markets in processed fruit and vegetable products — Production aid for processed tomato products — Method of calculating the amount — 2000-01 marketing year)

26

2005/C 132/48

Judgment of the Court of First Instance of 16 March 2005 in Case T-329/03 Fabio Andrés Ricci v Commission of the European Communities (Officials — Competition — Condition for admission — Professional experience — Decisions of the competition selection board — Type of control exercised by the appointing authority — Evaluation of experience — Legitimate expectations)

27

2005/C 132/49

Judgment of the Court of First Instance of 17 March 2005 in Case T-362/03 Antonio Milano v Commission of the European Communities (Officials — Recruitment — Competition — Refusal of admission to a competition — Action for annulment and damages)

27

2005/C 132/50

Order of the Court of First Instance of 16 February 2005 in Case T-142/03 Fost Plus VZW v Commission of the European Communities (Action for annulment — Action brought by a legal person — Act of individual concern to it — Decision 2003/82/EC — Targets for recovery and recycling of packaging waste — Directive 94/62/EC — Inadmissibility)

28

2005/C 132/51

Order of the Court of First Instance of 19 January 2005 in Case T-372/03 Yves Mahieu v Commission of the European Communities (Officials — Time-limits for complaints and actions — Implied rejection of the complaint — Inadmissibility)

28

2005/C 132/52

Order of the Court of First Instance of 14 February 2005 in Case T-81/04 Bouygues SA and Bouygues Telecom v Commission of the European Communities (State aid — Mobile telephony — Complaint — Action in respect of a failure to act — Definition of position by the Commission bringing an end to the failure to act — No need to give a ruling — Action for annulment — Interim letter — Inadmissibility)

29

2005/C 132/53

Order of the President of the Court of First Instance of 10 February 2005 in Case T-291/04 R, Enviro Tech Europe Ltd and Enviro Tech International, Inc., v Commission of the European Communities (Interim measures — Directives 67/548/EEC and 2004/73/EC)

29

2005/C 132/54

Case T-103/05: Action brought on 11 February 2005 by P. against Commission of the European Communities

30

2005/C 132/55

Case T-124/95: Action brought on 2 March 2005 by David Tas against the Commission of the European Communities

30

2005/C 132/56

Case T-126/05: Action brought on 9 March 2005 by Sandrine Corvoisier and Others against the European Central Bank

31

2005/C 132/57

Case T-130/05: Action brought on 14 March 2005 by Dominique Albert-Bousquet and 142 Others against the Commission of the European Communities

31

2005/C 132/58

Case T-131/05: Action brought on 21 March 2005 by Carlos Andrés and Others against the European Central Bank

32

2005/C 132/59

Case T-134/05: Action brought on 26 March 2005 by the Kingdom of Belgium against the Commission of the European Communities

33

2005/C 132/60

Case T-135/05: Action brought on 29 March 2005 by Franco Campoli against the Commission of the European Communities

33

2005/C 132/61

Case T-136/05: Action brought on 30 March 2005 by EARL Salvat Père et Fils and Others against the Commission of the European Communities

34

2005/C 132/62

Case T-137/05: Action brought on 1 April 2005 by LA PERLA S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

34

2005/C 132/63

Case T-139/05: Action brought on 31 March 2005 by Charlotte Becker and Others against the European Parliament

35

2005/C 132/64

Case T-140/05: Action brought on 29 March 2005 by the Italian Republic against the Commission of the European Communities

36

2005/C 132/65

Case T-144/05: Action brought on 12 April 2005 by Pablo Muñiz against the Commission of the European Communities

36

III   Notices

2005/C 132/66

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 115, 14.5.2005

38

EN