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Document C:2002:305:TOC
Official Journal of the European Communities, C 305, 07 December 2002
Official Journal of the European Communities, C 305, 07 December 2002
Official Journal of the European Communities, C 305, 07 December 2002
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| Official Journal of the European Communities | ISSN
0378-6986 C 305 Volume 45 7 December 2002 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2002/C 305/01 | Judgment of the Court of 15 October 2002 in Case C-427/98: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Sixth VAT Directive — Money-off coupons — Taxable amount) | 1 | |
| 2002/C 305/02 | Judgment of the Court (Sixth Chamber) of 17 October 2002 in Case C-339/99 [Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)]: Energie Steiermark Holding AG v Finanzlandesdirektion für Steiermark (Directive 69/335/EEC — Indirect taxes on the raising of capital — Capital duty — Increase in a company's capital by the issue of new shares — Payments made upon the entry of a new member as a shareholder in the company — Payments made by the parent company of the new member — Payments made to the subsidiaries of the company increasing its capital — Payments not yet made) | 2 | |
| 2002/C 305/03 | Judgment of the Court (Sixth Chamber) of 17 October 2002 in Case C-71/00 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Develop Baudurchführungs- und Stadtentwicklungsgesellschaft mbH v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland (Directive 69/335/EEC — Indirect taxes on the raising of capital — Capital duty — Contribution of assets of any kind — Meaning — Payments made by the parent company of a company which has acquired dividend certificates issued by a capital company) | 2 | |
| 2002/C 305/04 | Judgment of the Court of 22 October 2002 in Case C-94/00 (Reference for a preliminary ruling from the Cour de cassation): Roquette Frères SA v Directeur général de la concurrence, de la consommation et de la répression des fraudes, Third party: Commission of the European Communities (Competition law — Article 14(3) and (6) of Regulation No 17 — Commission decision ordering an investigation — Provision of assistance by national authorities — Interpretation of the judgment of 21 September 1989 in Hoechst v Commission — General principles — Protection against arbitrary or disproportionate intervention by public authorities in the private activities of a legal person — Scope of the review which a competent national court is required to carry out for the purposes of authorising coercive measures against undertakings — Commission's duty to provide information — Duty to cooperate in good faith) | 3 | |
| 2002/C 305/05 | Judgment of the Court (Sixth Chamber) of 17 October 2002 in Case C-138/00 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Solida Raiffeisen Immobilien Leasing GmbH, Tech Gate Vienna Wissenschafts- und Technologiepark GmbH v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland (Directive 69/335/EEC — Indirect taxes on the raising of capital — Capital duty — Contribution of assets of any kind — Meaning — Acquisition by a non-member of dividend certificates issued by a capital company) | 4 | |
| 2002/C 305/06 | Judgment of the Court (Fifth Chamber) of 17 October 2002 in Case C-79/01 (Reference for a preliminary ruling from the Corte d'appello di Milano): Payroll Data Services (Italy) Srl, ADP Europe SA and ADP GSI SA (Freedom of establishment — Freedom to provide services — Activity of preparing and printing pay slips) | 5 | |
| 2002/C 305/07 | Judgment of the Court (First Chamber) of 17 October 2002 in Case C-208/01 (Reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha): Isabel Parras Medina, Adelina Parras Medina v Consejería de Agricultura y Medio Ambiente de la Junta de Comunidades de Castilla-La Mancha (Agriculture — Common organisation of markets — Wine sector — Regulation (EC) No 1294/96 — Harvest, production and stock declarations — Failure of a holding to comply with the time-limits for making declarations — Death of the director of the holding — Force majeure) | 5 | |
| 2002/C 305/08 | Judgment of the Court of 22 October 2002 in Case C-241/01 (Reference for a preliminary ruling from the Conseil d'État): National Farmers' Union v Secrétariat général du gouvernement (Agriculture — Combating bovine spongiform encephalopathy — Decisions 98/692/EC and 1999/514/EC ending the ban on beef and veal from the United Kingdom — Whether a Member State to which those decisions are addressed may challenge the legality thereof after the time-limit for bringing proceedings has expired or invoke Article 30 EC to justify its refusal to end the ban) | 6 | |
| 2002/C 305/09 | Judgment of the Court (Third Chamber) of 15 October 2002 in Case C-327/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to implement Directive 98/20/EC) | 7 | |
| 2002/C 305/10 | Judgment of the Court (Third Chamber) of 15 October 2002 in Case C-328/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to implement Directive 1999/28/EC) | 7 | |
| 2002/C 305/11 | Order of the Court (First Chamber) of 14 October 2002 in Case C-158/01 (Reference for a preliminary ruling from the Circuit Court, County of Cork): Catherine Withers v Samantha Delaney, Motor Insurers Bureau of Ireland (MIBI) (Article 104(3) of the Rules of Procedure — Answer which may be clearly deduced from existing case-law — Approximation of laws — Directives 72/166/EEC and 84/5/EEC — Compulsory insurance against civil liability in respect of motor vehicles — Injury caused to passengers) | 8 | |
| 2002/C 305/12 | Order of the Court (First Chamber) of 8 October 2002 in Case C-190/02 (Reference for a preliminary ruling from the Giudice di pace de Genova-Voltri): Viacom Outdoor Srl v Giotto Immobilier SARL (Reference for a preliminary ruling — Inadmissibility) | 8 | |
| 2002/C 305/13 | Case C-302/02: Reference for a preliminary ruling by the Oberster Gerichtshof (Republic of Austria) by order of that Court of 11 July 2002 in the matter of the care of the minor Nils Laurin Effing | 8 | |
| 2002/C 305/14 | Case C-318/02: Action brought on 12 September 2002 by the Kingdom of the Netherlands against the Commission of the European Communities | 9 | |
| 2002/C 305/15 | Case C-339/02: Action brought on 23 September 2002 by the Commission of the European Communities against the Portuguese Republic | 10 | |
| 2002/C 305/16 | Case C-341/02: Action brought on 25 September 2002 by the Commission of the European Communities against the Federal Republic of Germany | 10 | |
| 2002/C 305/17 | Case C-353/02: Action brought on 2 October 2002 by the Commission of the European Communities against the Republic of Austria | 11 | |
| 2002/C 305/18 | Case C-354/02: Action brought on 2 October 2002 by the Commission of the European Communities against the Republic of Austria | 11 | |
| 2002/C 305/19 | Case C-355/02: Action brought on 3 October 2002 by the Commission of the European Communities against the Republic of Austria | 12 | |
| 2002/C 305/20 | Case C-358/02: Reference for a preliminary ruling by the tribunal du travail de Bruxelles by judgment of that Court of 24 September 2002 in the case of Yamina Haddad against Belgian State | 12 | |
| 2002/C 305/21 | Case C-359/02: Reference for a preliminary ruling by the Tribunale di Modena, Ufficio del Giudice per le indagini preliminari by order of that Court of 27 June 2002 in the Criminal Proceedings against Christian Lanzotti | 13 | |
| 2002/C 305/22 | Case C-360/02 P: Appeal brought on 8 October 2002 by Carlo Ripa di Meana against the order delivered on 9 July 2002 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-127/01 between Carlo Ripa di Meana and European Parliament | 13 | |
| 2002/C 305/23 | Case C-361/02: Reference for a preliminary ruling by the Diikitiko Efetio, Piraeus by judgment of that Court of 28 June 2002 in the case of Ellenikon Dimosion against Nikolaos Tsapalos | 14 | |
| 2002/C 305/24 | Case C-362/02: Reference for a preliminary ruling by the Diikitiko Efetio, Piraeus by judgment of that Court of 28 June 2002 in the case of Ellenikon Dimosion against Konstantinos Diamantakis | 14 | |
| 2002/C 305/25 | Case C-363/02: Action brought on 9 October 2002 by the Commission of the European Communities against the Portuguese Republic | 14 | |
| 2002/C 305/26 | Case C-366/02: Reference for a preliminary ruling by the Verwaltungsgericht, Halle (Administrative Court, Halle) by order of that Court of 30 September 2002 in the administrative proceedings between Mr Gerd Gschoßmann against Authority for Agriculture and the Reorganisation of Land, South | 15 | |
| 2002/C 305/27 | Case C-368/02: Action brought on 14 October 2002 by the Commission of the European Communities against the Kingdom of Spain | 15 | |
| 2002/C 305/28 | Case C-370/02: Action brought on 15 October 2002 by the Commission of the European Communities against the Kingdom of Belgium | 16 | |
| 2002/C 305/29 | Case C-371/02: Reference for a preliminary ruling by the Svea Hovrätt by order of that Court of 14 October 2002 in the case of Björnekulla Fruktindustrier Aktiebolag against Procordia Food Aktiebolag | 16 | |
| 2002/C 305/30 | Case C-375/02: Action brought on 18 October 2002 by the Commission of the European Communities against the Italian Republic | 16 | |
| 2002/C 305/31 | Case C-381/02: Reference for a preliminary ruling by the Cour d'appel de Caen, chambres réunies by judgment of that Court of 17 October 2002 in the case of Association Comité économique régional agricole fruits et légumes de Bretagne (CERAFEL) against François Faou and GAEC de Kerlidou | 17 | |
| 2002/C 305/32 | Case C-383/02: Action brought on 24 October 2002 by the Commission of the European Communities against the Italian Republic | 17 | |
| 2002/C 305/33 | Removal from the register of Case C-246/99 | 18 | |
| 2002/C 305/34 | Removal from the register of Case C-434/00 | 18 | |
| 2002/C 305/35 | Removal from the register of Case C-120/01 | 18 | |
| 2002/C 305/36 | Removal from the register of Case C-124/01 | 19 | |
| 2002/C 305/37 | Removal from the register of Case C-150/01 | 19 | |
| 2002/C 305/38 | Removal from the register of Case C-443/01 | 19 | |
| 2002/C 305/39 | Removal from the register of Case C-45/02 | 19 | |
| 2002/C 305/40 | Removal from the register of Case C-70/02 | 19 | |
| 2002/C 305/41 | Removal from the register of Case C-221/02 | 19 | |
| COURT OF FIRST INSTANCE | |||
| 2002/C 305/42 | Judgment of the Court of First Instance of 26 September 2002 in Case T-199/99: Sgaravatti Mediterranea Srl v Commission of the European Communities (EAGGF — Cancellation of financial assistance — Article 24 of Regulation (EEC) No 4253/88 — Prior hearing of the beneficiary — Appropriate examination of the case by the Commission — Rights of the defence — Manifest error of assessment — Statement of reasons — Principle of protection of legitimate expectations — Principle of legality of penalties — Principle of proportionality) | 20 | |
| 2002/C 305/43 | Judgment of the Court of First Instance of 25 September 2002 in Joined Cases T-201/00 and T-384/00: Agnès Ajour and others v Commission of the European Communities (Officials — Remuneration — Weighting for Ireland — Cost of living in Dublin — Articles 64 and 65 of the Staff Regulations) | 20 | |
| 2002/C 305/44 | Judgment of the Court of First Instance of 25 September 2002 in Case T-316/00: Viking-Umwelttechnik GmbH v Office for Harmonisation in the Internal Market (Trade, Marks and Designs) (OHIM) (Community trade mark — Colours (green and grey) — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94) | 21 | |
| 2002/C 305/45 | Judgment of the Court of First Instance of 26 September 2002 in Case T-319/00: Chantal Borremans and Others v Commission of the European Communities (Officials — Former agents of the European Association for Cooperation — Refusal to appoint as established officials — Action for annulment and compensation) | 21 | |
| 2002/C 305/46 | Judgment of the Court of First Instance of 11 September 2002 in Case T-89/01: Claude Willeme v Commission of the European Communities (Officials — Obligations under the Staff Regulations — Declaration of spouse's occupation — Personal interest likely to compromise independence — Obligation relating to personal dignity — Obligation to act in the interest of the Communities — Duty of loyalty — Disciplinary proceedings — Non-contractual liability — Assessment of non-material damage) | 21 | |
| 2002/C 305/47 | Judgment of the Court of First Instance of 24 September 2002 in Case T-92/01: Marie-Claude Girardot v Commission of the European Communities (Officials — Recruitment — Selection of members of the temporary staff — Refusal of entry on the reserve list — Composition of the selection board — Equality of treatment) | 22 | |
| 2002/C 305/48 | Judgment of the Court of First Instance of 24 September 2002 in Case T-102/01: Orlando Pérez-Díaz v Commission of the European Communities (Officials — Recruitment — Selection of members of the temporary staff — Refusal of entry on the reserve list — Linguistic competence of members of the selection board) | 22 | |
| 2002/C 305/49 | Judgment of the Court of First Instance of 24 September 2002 in Case T-113/01: Veronica Sabbag v Commission of the European Communities (Officials — Recruitment — Selection of members of the temporary staff — Refusal of entry on the reserve list — Linguistic competence of members of the selection board — Equality of treatment) | 23 | |
| 2002/C 305/50 | Judgment of the Court of First Instance of 24 September 2002 in Case T-182/01: Sophie Bachotet v Commission of the European Communities (Officials — Recruitment — Selection of members of the temporary staff — Refusal of entry on the reserve list — Equality of treatment) | 23 | |
| 2002/C 305/51 | Order of the Court of First Instance of 9 September 2002 in Case T-182/00 DEP: Marco Pannella v the European Parliament (Taxation of costs) | 23 | |
| 2002/C 305/52 | Case T-289/02: Action brought on 19 September 2002 by Telepharmacy Solutions, Inc. against the Office for Harmonisation in the Internal Market (Trade, Marks and Designs) | 24 | |
| 2002/C 305/53 | Case T-302/02: Action brought on 25 September 2002 by Michael Kenny against the Court of Justice of the European Communities | 24 | |
| 2002/C 305/54 | Case T-303/02: Action brought on 4 October 2002 by Westfalen Gassen Nederland B.V. against the Commission of the European Communities | 25 | |
| 2002/C 305/55 | Case T-304/02: Action brought on 7 October 2002 by NV Hoek Loos against the Commission of the European Communities | 25 | |
| 2002/C 305/56 | Case T-305/02: Action brought on 3 October 2002 by Nestlé Waters France against Office for Harmonization in the Internal Market (Trade, Marks and Designs) (OHIM) | 26 | |
| 2002/C 305/57 | Case T-307/02: Action brought on 7 October 2002 by Altana Pharma AG against the Office for Harmonisation in the Internal Market (Trade, Marks and Designs) | 26 | |
| 2002/C 305/58 | Case T-308/02: Action brought on 7 October 2002 by SGL Carbon AG against the Commission of the European Communities | 27 | |
| 2002/C 305/59 | Case T-310/02: Action brought on 30 September 2002 by Athanassios Theodorakis against Council of the European Union | 28 | |
| 2002/C 305/60 | Case T-311/02: Action brought on 10 October 2002 by Vitaly Lissotschenko and Joachim Hentze against the Office for Harmonisation in the Internal Market (Trade, Marks and Designs) | 28 | |
| 2002/C 305/61 | Case T-312/02: Action brought on 10 October 2002 by Lucio Gussetti against Commission of the European Communities | 29 | |
| 2002/C 305/62 | Case T-313/02: Action brought on 11 October 2002 by David Meca-Medina and Igor Majcen against the Commission of the European Communities | 30 | |
| 2002/C 305/63 | Case T-316/02: Action brought on 15 October 2002 by Marie-Claude Girardot against theCommission of the European Communities | 30 | |
| 2002/C 305/64 | Removal from the register of Case T-116/02 | 31 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2002/C 305/65 | Last publication of the Court of Justice in the
Official Journal of the European Communities OJ C 289, 23.11.2002 | 32 | |
| Official Journal of the European Communities C 289 | |||
| EN | |||