ISSN 1725-2423

Official Journal

of the European Union

C 229

English edition

Information and Notices

Volume 48
17 September 2005

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 229/1

Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)

1

2005/C 229/2

Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-41/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain, French Republic (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 465/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)

1

2005/C 229/3

Judgment of the Court (First Chamber) of 7 July 2005 in Case C-153/03: (Reference for a preliminary ruling, Cour de cassation) Caisse nationale des prestations familiales v Ursula Schwarz, née Weide (Family benefits — Child-raising allowance — Suspension of entitlement to the benefits in the State of employment — Entitlement to similar benefits in the State of residence)

2

2005/C 229/4

Judgment of the Court (Third Chamber) of 7 July 2005 in Case C-227/03: Reference for a preliminary ruling from the Rechtbank te Amsterdam in A.J. van Pommeren-Bourgondiën v Raad van bestuur van de Sociale verzekeringsbank (Social security — Regulation (EEC) No 1408/71 — Scope — Invalidity benefit — Continued entitlement to benefits after transfer of residence to another Member State)

2

2005/C 229/5

Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-353/03 (Reference for a preliminary ruling Court of Appeal): Société des produits Nestlé SA v Mars UK Ltd (Trade marks — Directive 89/104/EEC — Absence of distinctive character — Distinctive character acquired through use — Use as part of or in conjunction with a registered trade mark)

3

2005/C 229/6

Judgment of the Court (First Chamber) of 7 July 2005 in Case C-374/03 (Reference for a preliminary ruling Verwaltungsgericht): Gaye Gürol v Bezirksregierung Köln (EEC-Turkey Association Agreement — Article 9 of Decision No 1/80 of the Association Council — Direct effect — Access to education for children of a Turkish worker duly registered as belonging to the workforce — Children living with their parents — Education grant)

3

2005/C 229/7

Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-214/04: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Substances harmful to the ozone layer — Article 5(3) of Regulation (EC) No 2037/2000 — Maintenance of derogations not provided for in the regulation)

3

2005/C 229/8

Case C-206/05: Action brought on 11 May 2005 by Commission of the European Communities against the Kingdom of Sweden

4

2005/C 229/9

Case C-253/05: Action brought on 15 June 2005 by Commission of the European Communities against the Kingdom of the Netherlands

4

2005/C 229/10

Case C-267/05: Reference for a preliminary ruling from the High Court of Justice (England and Wales) Chancery Division, Patents Court by order of that court of 17 February 2005 in Oakley Inc. v 1) Animal Ltd 2) H. Young Holdings plc 3) H. Young (Operations) Ltd, Intervener: Secretary of State for Industry

5

2005/C 229/11

Case C-269/05: Action brought on 23 June 2005 by the Commission of the European Communities against the Hellenic Republic

5

2005/C 229/12

Case C-271/05: Reference for a preliminary ruling from the Consiglio di Stato by order of that court of 18 January 2005 in (1) Francesco Rauty v Ministero per i Beni Culturali e Ambientali and Soprintendenza B.A.A. di Firenze, Prato e Pistoia; intervener: Consiglio Nazionale degli Ingegneri; and (2) Ordine degli Ingegneri della Provincia di Pistoia v Francesco Rauty and Ministero per i Beni e le Attività Culturali; intervener: Consiglio Nazionale degli Ingegneri

6

2005/C 229/13

Case C-274/05: Action brought on 4 July 2005 by the Commission of the European Communities against the Hellenic Republic

6

2005/C 229/14

Case C-275/05: Reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen by order of that court of 12 May 2005 in Alois Kibler jun. v Land Baden-Württemberg, joined parties: Manfred Ott and Konrad Leiprecht

7

2005/C 229/15

Case C-277/05: Reference for a preliminary ruling from the Conseil d'État (France), acting in a judicial capacity, by order of that court of 18 May 2005 in Société thermale d'Eugénie-Les-Bains v Ministère de l'Economie, des Finances et de l'Industrie

7

2005/C 229/16

Case C-280/05: Action brought on 11 July 2005 by the Commission of the European Communities against the Italian Republic

8

2005/C 229/17

Case C-283/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 30 June 2005 in ASML Netherlands BV v SEMIS Semiconductor Industry Services GmbH

8

2005/C 229/18

Case C-286/05: Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg by order of that court of 30 June 2005 in Reinhold Haug v Land Baden-Württemberg

9

2005/C 229/19

Case C-293/05: Action brought on 20 July 2005 by the Commission of the European Communities against the Italian Republic

9

2005/C 229/20

Case C-302/05: Action brought on 28 July 2005 by the Commission of the European Communities against Italian Republic

10

2005/C 229/21

Case C-304/05: Action brought on 29 July 2005 by Commission of the European Communities against the Italian Republic

10

2005/C 229/22

Removal from the register of Case C-326/04

11

COURT OF FIRST INSTANCE

2005/C 229/23

Judgment of the Court of First Instance of 13 July 2005 in Case T-260/97 Camar Srl v Council of the European Union and Commission of the European Communities (Common organisation of the markets — Bananas — Import arrangements — Non-contractual liability of the Community — Assessment of loss)

12

2005/C 229/24

Judgment of the Court of First Instance of 18 July 2005 in Case T-241/01, Scandinavian Airlines System AB v Commission of the European Communities (Competition — Cartel — Air transport — Regulation (EEC) No 3975/87 — Notified agreements — Cooperation beyond the scope of the notification — Market-sharing — Fine — Guidelines for the calculation of fines — Seriousness of the infringement — Notice on the non-imposition or reduction of fines — Attenuating circumstances — Unlimited jurisdiction)

12

2005/C 229/25

Judgment of the Court of First Instance of 27 July 2005 in Joined Cases T-49/02 to T-51/02 Brassierie nationale SA (formerly Brasseries Funck-Bricher and Bofferding) and Others v Commission of the European Communities (Cartels — Luxembourg beer market — Fines)

13

2005/C 229/26

Judgment of the Court of First Instance of 13 July 2005 in Case T-242/02, The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark TOP — Refusal of registration — Article 115(4) of Regulation (EC) No 40/94 — Definition of ‘written communications’ — Infringement of the principle that decisions must be adopted within a reasonable time — Infringement of the rights of the defence — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation No 40/94)

13

2005/C 229/27

Judgment of the Court of First Instance of 13 July 2005 in Case T-40/03: Julián Murúa Entrena v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for figurative Community trade mark including the verbal element ‘Julián Murúa Entrena’ — Opposition by the proprietor of the Spanish and international work mark MURÚA — Refusal to register — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94 — Surname)

14

2005/C 229/28

Judgment of the Court of First Instance of 14 July 2005 in Case T-126/03 Reckitt Benckiser (España), SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Likelihood of confusion — Proof of use of earlier mark — Application for Community word mark ALADIN — Earlier national word mark ALADDIN — Articles 8(1)(b) and 43(2) and (3) of Regulation (EC) No 40/94)

14

2005/C 229/29

Judgment of the Court of First Instance of 14 July 2005 in Case T-312/03 Wassen International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier national figurative mark comprising the word element ‘Selenium Spezial A-C-E’ — Application for Community word mark SELENIUM-ACE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

15

2005/C 229/30

Judgment of the Court of First Instance of 14 July 2005 in Case T-371/03, Vincenzo Le Voci v Council of the European Union (Officials — Internal competition — Non-admission to the oral tests — Breach of the competition notice — Irregularity in the conduct of the tests of such a kind as to distort the results — Principle of equal treatment and non-discrimination — Principle of sound administration)

15

2005/C 229/31

Judgment of the Court of First Instance of 13 July 2005 in Case T-5/04: Carlo Scano v Commission of the European Communities (Officials — Internal competition — Multiple-choice questions — Refusal by the selection board not to take account of certain questions — Equal treatment — Principle of good administration — Ambit of judicial review — Action for annulment — Action for damages)

15

2005/C 229/32

Judgment of the Court of First Instance of 12 July 2005 in Case T-157/04 Joël De Bry v Commission of the European Communities (Officials — Career development report — Appraisal exercise 2001/2002)

16

2005/C 229/33

Judgment of the Court of First Instance of 14 July 2005 in Case T-459/04, Jorge Manuel Pinheiro de Jesus Ferreira v Commission of the European Communities (Community officials — Appointment — Classification in grade — Classification in a higher grade)

16

2005/C 229/34

Order of the Court of First Instance of 9 June 2005 in Case T-188/02: Freiberger Lebensmittel GmbH & Co. Produktions- und Vertriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)

16

2005/C 229/35

Order of the Court of First Instance of 8 June 2005 in Case T-139/03: Nuova Agricast Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Non-disclosure of document emanating from a Member State without the prior agreement of that State)

17

2005/C 229/36

Order of the Court of First Instance of 8 June 2005 in Case T-151/03 Nuova Agricast Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Action devoid of purpose)

17

2005/C 229/37

Order of the Court of First Instance of 9 June 2005 in Case T-265/03 Helm Düngemittel GmbH v Commission of the European Communities (Food aid — Partial seizure of delivery guarantee — Request for repayment of the sum seized — Arbitration clause — Action for annulment — Inadmissibility)

18

2005/C 229/38

Order of the Court of First Instance of 29 June 2005 in Case T-274/03: Focus Magazin Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of the application for registration — No need to proceed to judgment)

18

2005/C 229/39

Order of the Court of First Instance of 8 June 2005 in Case T-287/03 Società imballaggi metallici Salerno Srl (SIMSA) v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document emanating from a Member State without the prior consent of that State)

18

2005/C 229/40

Order of the Court of First Instance of 8 June 2005 in Case T-295/03 Poli Sud Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)

19

2005/C 229/41

Order of the Court of First Instance of 8 June 2005 in Case T-297/03 Tomasetto Achille Sas di Tomasetto Andrea & C. v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)

19

2005/C 229/42

Order of the Court of First Instance of 8 June 2005 in Case T-298/03 Lavorazione Cuoio e Pelli Bieffe Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)

20

2005/C 229/43

Order of the Court of First Instance of 8 June 2005 in Case T-299/03 Nuova fabbrica utensili diamantati Srl (Nuova Fa. U. Di) v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)

20

2005/C 229/44

Order of the Court of First Instance of 11 July 2005 in Case T-13/04: Jens-Peter Bonde and Others v European Parliament and Council of the European Union (Regulation on the regulations governing political parties at European level and the rules regarding their funding — Action for annulment — Objection as to admissibility — Challengeable act — Standing to bring proceedings — Inadmissibility)

20

2005/C 229/45

Order of the Court of First Instance of 11 July 2005 in Case T-17/04 Front national and Others v European Parliament and Council of the European Union (Regulations governing political parties at European level and the rules regarding their funding — Action for annulment — Objection of inadmissibility — Act against which proceedings may be brought — Locus standi — Inadmissibility)

21

2005/C 229/46

Order of the Court of First Instance of 20 June 2005 in Case T-138/04 Cementir — Cementerie del Tirreno SpA v Commission of the European Communities (Action for annulment of a Commission letter determining the amount of interest for delay applicable to a fine imposed on the applicant — Meaning of a measure confirming an earlier measure — Admissibility)

21

2005/C 229/47

Order of the Court of First Instance of 11 July 2005 in Case T-40/04 Emma Bonino and Others v European Parliament and Council of the European Union (Regulations governing political parties at European level and the rules regarding their funding — Action for annulment — Objection of inadmissibility — Act against which proceedings may be brought — Locus standi — Inadmissibility)

22

2005/C 229/48

Order of the Court of First Instance of 15 June 2005 in Case T-98/04 Nuova Agricast Srl and Others v Commission of the European Communities (Action for annulment — Admissibility — Time-limits — Point when time starts to run — Publication — Internet site)

22

2005/C 229/49

Order of the Court of First Instance of 28 June 2005 in Case T-147/04: Brian Ross v Commission of the European Communities (Officials — Action for annulment and for damages — Career development report — Total and permanent invalidity — Legal interest in bringing proceedings — Inadmissibility)

22

2005/C 229/50

Order of the Court of First Instance of 12 July 2005 in Case T-163/04: Michael Schäfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for restitutio in integrum — Appeal before a Board of Appeal — Costs of proceedings — Apportionment)

23

2005/C 229/51

Order of the Court of First Instance of 11 July 2005 in Case T-294/04 Internationaler Hilfsfonds eV v Commission of the European Communities (Non-contractual liability — Reimbursement of costs relating to procedures before the European Ombudsman — Action manifestly unfounded)

23

2005/C 229/52

Order of the President of the Court of First Instance of 5 July 2005 in Case T-117/05 R: Andreas Rodenbröker v Commission of the European Communities (Application for interim measures — Application for suspension of operation of a measure — Directive 92/43/EEC — Urgency — None)

24

2005/C 229/53

Case T-228/05: Action brought on 13 June 2005 by Javier Maria Vega Bordell against the European Parliament

24

2005/C 229/54

Case T-232/05: Action brought on 15 June 2005 by Trevor Hutchings against the Commission of the European Communities

24

2005/C 229/55

Case T-252/05: Action brought on 4 July 2005 by Q against the Commission of the European Communities

25

2005/C 229/56

Case T-253/05: Action brought on 4 July 2005 by José Fernandez Tunon against the Commission of the European Communities

25

2005/C 229/57

Case T-254/05: Action brought on 6 July 2005 by Fachvereinigung Mineralfaserindustrie e.V. Deutsche Gruppe der EURIMA — European Insulation Manufacturers Association against the Commission of the European Communities

26

2005/C 229/58

Case T-256/05: Action brought on 1 July 2005 by Fernanda Ehrhardt-Avancini against the European Parliament

27

2005/C 229/59

Case T-258/05: Action brought on 30 June 2005 by Eric Voigt against the Commission of the European Communities

27

2005/C 229/60

Case T-260/05: Action brought on 14 July 2005 by Peter Strobl against the Commission of the European Communities

28

2005/C 229/61

Case T-261/05: Action brought on 8 July 2005 by Frank Sliggers against the Commission of the European Communities

29

2005/C 229/62

Case T-265/05: Action brought on 8 July 2005 by Johan Maes against the Commission of the European Communities

29

2005/C 229/63

Case T-267/05: Action brought on 8 July 2005 by Elisabeth De Smedt against the Commission of the European Communities

29

2005/C 229/64

Case T-268/05: Action brought on 8 July 2005 by Patrice Vande Velde against the Commission of the European Communities

30

2005/C 229/65

Case T-269/05: Action brought on 8 July 2005 by Raffaele Dalmasso against the Commission of the European Communities

30

2005/C 229/66

Case T-270/05: Action brought on 8 July 2005 by Matthias Ghem against the Commission of the European Communities

31

2005/C 229/67

Case T-271/05: Action brought on 8 July 2005 by Miriam Arana de la Cal against the Commission of the European Communities

31

2005/C 229/68

Case T-272/05: Action brought on 8 July 2005 by Stéphane Veramme against the Commission of the European Communities

32

2005/C 229/69

Case T-282/05: Action brought on 12 July 2005 by Paulo Sequeira Wandschneider against the Commission of the European Communities

32

2005/C 229/70

Case T-283/05: Action brought on 13 July 2005 by Daniele Baraldi and Others against the Commission of the European Communities

33

2005/C 229/71

Case T-284/05: Action brought on 14 July 2005 against the Commission of the European Communities by Christos Michail

33

2005/C 229/72

Case T-285/05: Action brought on 19 July 2005 by Bernd Lippert against the European Parliament

34

2005/C 229/73

Case T-286/05: Action brought on 18 July 2005 by the Centre Européen pour la Statistique et le Développement A.s.b.l. (C.E.S.D.) against the Commission of the European Communities

34

2005/C 229/74

Case T-287/05: Action brought on 15 July 2005 by Idoia Bengoa Geisler and two other officials against the Court of Justice of the European Communities

35

2005/C 229/75

Case T-288/05: Action brought on 20 July 2005 by Harald Mische against the Commission of the European Communities

35

2005/C 229/76

Case T-289/05: Action brought on 26 July 2005 by Arcangelo Milella and Another against the Commission of the European Communities

36

2005/C 229/77

Case T-291/05: Action brought on 25 July 2005 by Mohammad Reza Fardoom and Michael Ashbrook against the Commission of the European Communities

37

2005/C 229/78

Case T-292/05: Action brought on 26 July 2005 by Maria Johansen against the Court of Auditors of the European Communities

37

2005/C 229/79

Case T-293/05: Action brought on 26 July 2005 by Maurizio Caldarone against the Commission of the European Communities

38

2005/C 229/80

Case T-294/05: Action brought on 26 July 2005 by Jean-Marc Colombani against the Commission of the European Communities

38

2005/C 229/81

Case T-295/05: Action brought on 1 August 2005 by Document Security Systems, Inc. against the European Central Bank

39

2005/C 229/82

Removal from the Register of Case T-141/04

40

2005/C 229/83

Removal from the Register of Case T-468/04

40

III   Notices

2005/C 229/84

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 217, 3.9.2005

41

EN