ISSN 1725-2423

Official Journal

of the European Union

C 82

English edition

Information and Notices

Volume 48
2 April 2005

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 082/1

Judgment of the Court (First Chamber) of 27 January 2005 in Case C-422/02 P: Europe Chemi-Con (Deutschland) GmbH v Council of the European Union and Commission of the European Communities (Appeal — Anti-dumping measures — Regulation terminating anti-dumping proceedings — Retroactivity — Equal treatment — Non-discrimination — Imports of certain large aluminium electrolytic capacitors from Japan)

1

2005/C 082/2

Judgment of the Court (Grand Chamber) of 15 February 2005 in Case C-12/03 P: Commission of the European Communities v Tetra Laval BV (Appeal — Competition — Regulation (EEC) No 4064/89 — Decision declaring a ‘conglomerate-type’ concentration incompatible with the common market — Leveraging — Scope of judicial review — Factors to be taken into consideration — Behavioural commitments)

1

2005/C 082/3

Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-15/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to processing by regeneration)

2

2005/C 082/4

Judgment of the Court of Justice (Second Chamber) of 13 January 2005 in Case C-84/03 Commission of the European Communities v Kingdom of Spain (Failure to fulfil obligations — Directives 93/36/EEC and 93/37/EEC — Public contracts — Award procedure for public supply and public works contracts — Scope — Definition of contracting authority — Inter-administrative cooperation agreements — Definition of contract — Use of the negotiated procedure in cases not provided for by the directive)

2

2005/C 082/5

Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-92/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to processing by regeneration)

3

2005/C 082/6

Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-188/03 (reference for a preliminary ruling from the Arbeitsgericht Berlin): Irmtraud Junk v Wolfgang Kühnel (Directive 98/59/EC — Collective redundancies — Consultation with workers' representatives — Notification to the competent public authority — Concept of ‘redundancy’ — Time at which redundancy takes effect)

3

2005/C 082/7

Judgment of the Court (Grand Chamber) of 1 February 2005 in Case C-203/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Articles 249 EC and 307 EC — Articles 2 and 3 of Directive 76/207/EEC — Equal treatment for men and women — Prohibition of the employment of women in underground work in mining or in a high-pressure atmosphere or in diving work)

4

2005/C 082/8

Judgment of the Court of Justice (Fourth Chamber) of 16 December 2004 in Case C-358/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Workers' protection — Health and safety of workers — Manual handling of loads where there is a risk of injury to workers)

4

2005/C 082/9

Judgment of the Court of Justice (Sixth Chamber) of 27 January 2005 in Case C-59/04 Commission of the European Communities v French Republic (Failure to fulfil obligations — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Failure to transpose within the prescribed period)

5

2005/C 082/10

Judgment of the Court (Fourth Chamber) of 27 January 2005 in Case C-125/04 (reference for a preliminary ruling from the Collège d'arbitrage de la Commission de Litiges Voyages): Guy Denuit, Betty Cordenier v Transorient – Mosaïque Voyages and Culture SA (Questions referred for a preliminary ruling — Reference to the Court — National court or tribunal within the meaning of Article 234 EC — Arbitration panel)

5

2005/C 082/11

Case C-1/05 SA: Application for authorisation to serve a garnishee order brought on 28 January 2005 by Intek Company against the Commission of the European Communities

5

2005/C 082/12

Case C-2/05 SA: Application for authorisation to serve a garnishee order brought on 28 January 2005 by Names b.v. against the Commission of the European Communities

6

2005/C 082/13

Case C-3/05 SA: Application for authorisation to serve a garnishee order brought on 28 January 2005 by the Republic of Kazakhistan Statistics Agency against the Commission of the European Communities

6

2005/C 082/14

Case C-2/05: Reference for a preliminary ruling by the Arbeidshof te Brussel of 23 December 2004 in the case of Rijksdienst voor Sociale Zekerheid. v N.V. Herbosch-Kiere

6

2005/C 082/15

Cases C-7/05, C-8/05, C-9/05: References for preliminary rulings from the Bundesgerichtshof by orders of that court of 11 October 2004 in Saatgut-Treuhandverwaltungs GmbH v The heirs of Dieter Deppe: 1.Ulrich Deppe, 2. Hanne-Rose Deppe, 3. Thomas Deppe, 4. Matthias Deppe, 5. Christine Urban, née Deppe (C-7/05), Siegried Hennings (C-8/05) and Hartmut Lübbe (C-9/05)

7

2005/C 082/16

Case C-11/05: Reference for a preliminary ruling from the Gerechtshof te Amsterdam by judgment of that court of 28 December 2004 in Friesland Coberco Dairy Foods BV (trading under the name Friesland Supply Point Ede) v Inspecteur van de Belastingdienst/Douane Noord/kantoor Groningen

8

2005/C 082/17

Case C-14/05: Reference for a preliminary ruling from the Gerechtshof te Amsterdam of 28 December 2004 in the case of Anagram International Inc. and Inspecteur van de Belastingdienst/Douane Rotterdam

8

2005/C 082/18

Case C-15/05: Reference for a preliminary ruling from the Gerechtshof te Amsterdam by judgment of that court of 28 December 2004 in Kawasaki Motors Europe NV v Inspecteur van de Belastingdienst/Douane district Rotterdam

9

2005/C 082/19

Case C-22/05: Action brought on 25 January 2005 by the Commission of the European Communities against the Kingdom of Belgium

9

2005/C 082/20

Case C-23/05: Action brought on 25 January 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

9

2005/C 082/21

Case C-26/05: Reference for a preliminary ruling from the Landesgericht Korneuburg (Austria) by order of that court of 13 January 2005 in Plato Plastik Robert Frank GmbH v CAROPACK Handels GmbH

10

2005/C 082/22

Case C-27/05: Reference for a preliminary ruling from the Finanzgericht Hamburg by order of that court of 5 January 2005 in Elfering Export GmbH v Hauptzollamt Hamburg-Jonas

10

2005/C 082/23

Case C-29/05 P: Appeal brought on 28 January 2005 (fax: 25 January 2005) by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) against the judgment delivered on 10 November 2004 by the Fourth Chamber of the Court of First Instance in Case T-164/02 between Kaul GmbH and Office for Harmonisation in the Internal Market (other party to the proceedings before the Board of Appeal of OHIM: Bayer AG)

11

2005/C 082/24

Case C-30/05: Action brought on 28 January 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

11

2005/C 082/25

Case C-31/05: Action brought on 28 January 2005 by the Commission of the European Communities against the French Republic

12

2005/C 082/26

Case C-32/05: Action brought on 31 January 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

12

2005/C 082/27

Case C-33/05: Action brought on 31 January 2005 by the Commission of the European Communities against the Kingdom of Belgium

13

2005/C 082/28

Case C-37/05: Action brought on 31 January 2005 by the Commission of the European Communities against the United Kingdom

13

2005/C 082/29

Case C-38/05: Action brought on 1 February 2005 by the Commission of the European Communities against Ireland

14

2005/C 082/30

Case C-43/05: Action brought on 3 February 2005 by the Commission of the European Communities against the Federal Republic of Germany

14

2005/C 082/31

Case C-44/05: Action brought on 3 February 2005 by the Commission of the European Communities against the Italian Republic

15

2005/C 082/32

Case C-47/05: Action brought on 7 February 2005 by the Commission of the European Communities against the Kingdom of Spain

15

2005/C 082/33

Case C-48/05: Reference for a preliminary ruling from the Landgericht Nürnberg-Fürth by order of that court of 28 January 2005 in Adam Opel AG v Autec AG (intervener in support of the defendant: Deutscher Verband der Spielwaren-Industrie e.V.)

15

2005/C 082/34

Case C-49/05 P: Appeal brought on 7 February 2005 (fax 2 February 2005) by Ferriere Nord SpA against the judgment delivered on 18 November 2004 by the Court of First Instance (Fourth Chamber, Extended Composition) in Case T-176/01 between Ferriere Nord SpA, supported by the Italian Republic, and the Commission of the European Communities

16

2005/C 082/35

Case C-51/05 P: Appeal brought on 9 February 2005 (fax of 7 February 2005) by the Commission of the European Communities for the partial annulment of the judgment delivered on 23 November 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-166/98 between Cantina sociale di Dolianova and Others and the Commission of the European Communities

17

2005/C 082/36

Case C-53/05: Action brought on 9 February 2005 by the Commission of the European Communities against the Portuguese Republic

17

2005/C 082/37

Case C-55/05: Action brought on 9 February 2005 by the Commission of the European Communities against the Republic of Finland

18

2005/C 082/38

Case C-57/05: Action brought on 9 February 2005 by the Commission of the European Communities against the French Republic

18

2005/C 082/39

Case C-59/05: Reference for a preliminary ruling from the Bundesgerichtshof (Federal Court of Justice) by order of that court of 2 December 2004 in the case of Siemens AG v VIPA Gesellschaft für Visualisierung und Prozeßautomatisierung mbH

19

2005/C 082/40

Case C-61/05: Action brought on 10 February 2005 by the Commission of the European Communities against the Portuguese Republic

19

2005/C 082/41

Case C-62/05 P: Appeal brought on 11 February 2005 by Nordspedizionieri di Danielis Livio & C. in liquidation against the judgment delivered on 14 December 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-332/02 between Nordspedizionieri and Others and the Commission of the European Communities

20

2005/C 082/42

Case C-63/05: Action brought on 3 February 2005 by the Commission of the European Communities against the Hellenic Republic

21

2005/C 082/43

Case C-65/05: Action brought on 10 February 2005 by the Commission of the European Communities against the Hellenic Republic

21

2005/C 082/44

Case C-67/05: Action brought on 11 February 2005 by the Commission of the European Communities against the Federal Republic of Germany

22

2005/C 082/45

Case C-68/05 P: Appeal brought on 11 February 2005 by Koninklijke Coöperatie Cosun U.A. against the judgment delivered on 7 December 2004 by the Court of First Instance (Fifth Chamber) in Case T-240/02 Koninklijke Coöperatie Cosun U.A.v Commission of the European Communities

22

2005/C 082/46

Case C-70/05: Action brought on 14 February 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

23

2005/C 082/47

Case C-71/05: Action brought on 14 February 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

23

2005/C 082/48

Case C-73/05: Action brought on 15 February 2005 by the Commission of the European Communities against the French Republic

24

2005/C 082/49

Case C-74/05: Action brought on 15 February 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

24

2005/C 082/50

Case C-77/05: Action brought on 17 February 2005 by the United Kingdom of Great Britain and Northern Ireland against the Council of the European Union

25

2005/C 082/51

Case C-83/05: Reference for a preliminary ruling from the Amtsgericht Freiburg by order of that court of 14 January 2005 in the case of Bernd Voigt v Regierungspräsidium Karlsruhe–Bretten

25

2005/C 082/52

Case C-90/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

26

2005/C 082/53

Case C-92/05: Action brought on 21 February 2005 by the Commission of the European Communities against the French Republic

26

COURT OF FIRST INSTANCE

2005/C 082/54

Judgment of the Court of First Instance of 26 January 2005 in Case T-193/02: Laurent Piau v Commission of the European Communities (Fédération internationale de football association (FIFA) Players' agents regulation — Decision of an association of undertakings — Articles 49 EC, 81 EC and 82 EC — Complaint — Lack of Community interest — Rejection)

28

2005/C 082/55

Judgment of the Court of First Instance of 26 January 2005 in Case T-267/03 Anna Maria Roccato v the Commission of the European Communities (Officials — Internal competition — Non-admission to oral test — Selection Board's discretion — Scope of judicial review)

28

2005/C 082/56

Case T-489/04: Action brought on 20 December 2004 by U.S. Steel Košice s.r.o. against the Commission of the European Communities

29

2005/C 082/57

Case T-491/04: Action brought on 21 December 2004 by Merant GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

29

2005/C 082/58

Case T-492/04: Action brought on 23 December 2004 by Jungbunzlauer AG and three others against the Commission of the European Communities

30

2005/C 082/59

Case T-500/04: Action brought on 24 December 2004 by Commission of the European Communities against IIC Informations-Industrie Consulting GmbH

31

2005/C 082/60

Case T-5/05: Action brought on 10 January 2005 by V.I.C. Verband der Internationalen Caterer in Deutschland e.V. against the Commission of the European Communities

32

2005/C 082/61

Case T-6/05: Action brought on 12 January 2005 by DEF-TEC Defense Technology GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

32

2005/C 082/62

Case T-16/05: Action brought on 20 January 2005 by Viasat Broadcasting UK Ltd against the Commission of the European Communities

33

2005/C 082/63

Case T-17/05: Action brought on 10 January 2005 by France Télécom against Commission of the European Communities

34

2005/C 082/64

Case T-19/05: Action brought on 20 January 2005 by Boliden AB, Outokumpu Copper Fabrication AB and Outokumpu Copper BCZ S.A. against the Commission of the European Communities

34

2005/C 082/65

Case T-20/05: Action brought on 21 January 2005 by Outokumpu OYJ and Outokumpu Copper Products OY against the Commission of the European Communities

35

2005/C 082/66

Case T-21/05: Action brought on 21 January 2005 by Halcor Metal Works S.A. against the Commission of the European Communities

36

2005/C 082/67

Case T-22/05: Action brought on 11 January 2005 by Antonello Violetti and Others against Commission of the European Communities

37

2005/C 082/68

Case T-23/05: Action brought on 10 January 2005 by Eric Gippini Fournier against Commission of the European Communities

37

2005/C 082/69

Case T-24/05: Action brought on 21 January 2005 by Standard Commercial Corporation, Standard Commercial Tobacco Corporation and Trans-Continental Leaf Tobacco Corporation against the Commission of the European Communities

38

2005/C 082/70

Case T-25/05: Action brought on 21 January 2005 by KM Europa Metal AG, Tréfimétaux S.A. and Europa Metalli S.p.A. against the Commission of the European Communities

39

2005/C 082/71

Case T-27/05: Action brought on 14 January 2005 by Carmela Lo Giudice against Commission of the European Communities

40

2005/C 082/72

Case T-28/05: Action brought on 17 January 2005 by Ekabe International SCA against the Office for Harmonisation in the Internal Market

40

2005/C 082/73

Case T-29/05: Action brought on 20 January 2005 by Deltafina SpA against the Commission of the European Communities

41

2005/C 082/74

Case T-33/05: Action brought on 21 January 2005 by Compañía Española de Tabaco en Rama against the Commission of the European Communities

42

2005/C 082/75

Case T-37/05: Action brought on 21 January 2005 by World Wide Tobacco España against the Commission of the European Communities

42

2005/C 082/76

Case T-38/05: Action brought on 22 January 2005 by Agroexpansión S.A. against the Commission of the European Communities

43

2005/C 082/77

Case T-53/05: Action brought on 24 January 2005 by Calavo Growers of California against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

43

2005/C 082/78

Case T-87/05: Action brought on 25 February 2005 by EDP-Energias de Portugal S.A. against the Commission of the European Communities

44

2005/C 082/79

Removal from the Register of Case T-131/03

45

III   Notices

2005/C 082/80

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 69, 19.3.2005

46

EN