ISSN 1725-2423

Official Journal

of the European Union

C 10

English edition

Information and Notices

Volume 49
14 January 2006

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2006/C 010/1

Judgment of the Court (Grand Chamber) of 8 November 2005 in Case C-293/02: Reference for a preliminary ruling from the Royal Court of Jersey Jersey Produce Marketing Organisation Ltd v States of Jersey and Others (Legislation on the export of potatoes from Jersey to the United Kingdom — 1972 Act of Accession — Protocol No 3 on the Channel Islands and the Isle of Man — Regulation No 706/73 — Articles 23 EC, 25 EC and 29 EC — Charges having an effect equivalent to customs duties — Measures having an effect equivalent to quantitative restrictions)

1

2006/C 010/2

Judgment of the Court (First Chamber) of 10 November 2005 in Case C-307/03: Italian Republic v Commission of the European Communities (EAGGF — Clearance of accounts — Decision 2003/364/EC — Arable crops — Spot checks — Repayment of aid in respect of non-eligible areas — False declarations)

2

2006/C 010/3

Judgment of the Court (First Chamber) of 10 November 2005 in Case C-432/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Directive 89/106/EEC — Decision 3052/95/EC — National approval procedure — Failure to take account of approval certificates drawn up in other Member States — Construction products)

2

2006/C 010/4

Judgment of the Court (Grand Chamber) of 8 November 2005 in Case C-443/03, Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) Götz Leffler v Berlin Chemie AG (Judicial cooperation in civil matters — Service of judicial and extrajudicial documents — No translation of the document — Consequences)

2

2006/C 010/5

Judgment of the Court (First Chamber) of 10 November 2005 in Case C-29/04: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 8, 11(1) and 15(2) of Directive 92/50/EEC — Procedure for the award of public service contracts — Contract relating to waste disposal — Absence of call for tenders)

3

2006/C 010/6

Judgment of the Court (First Chamber) of 10 November 2005 in Case C-197/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Tax on the consumption of manufactured tobacco — Separate taxation of cigarettes and rolls of tobacco ‘West Single Packs’)

3

2006/C 010/7

Judgment of the Court (Second Chamber) of 10 November 2005 in Case C-316/04, Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands) Stichting Zuid-Hollandse Milieufederatie v College voor de toelating van bestrijdingsmiddelen (Authorisation for the placing of plant protection and biocidal products on the market — Directive 91/414/EEC — Article 8 — Directive 98/8/EC — Article 16 — Power of Member States during the transitional period)

4

2006/C 010/8

Judgment of the Court (Fourth Chamber) of 10 November 2005 in Case C-385/04: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2001/16/EC — Trans-European Networks — Interoperability of the trans-European conventional rail system — Failure to transpose within the period prescribed)

4

2006/C 010/9

Order of the Court (Sixth Chamber) of 15 September 2005 in Case C-112/04 P: Marlines SA v Commission of the European Communities (Appeal — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Competition — Agreements, decisions and concerted practices — Agreements between undertakings — Proof of an undertaking's participation in business meetings with an anti-competitive purpose)

5

2006/C 010/10

Order of the Court (Fourth Chamber) of 6 October 2005 in Case C-328/04: reference for a preliminary ruling from the Fővárosi Bíróság in the criminal proceedings against Attila Vajnai (Reference for a preliminary ruling — Interpretation of the principle of non-discrimination — National provision prohibiting, on pain of criminal prosecution, the use in public of a symbol consisting of a five-point red star — Lack of jurisdiction of the Court)

5

2006/C 010/11

Order of the Court (Fifth Chamber) of 16 September 2005 in Case C-342/04 P: Jürgen Schmoldt and Others v Commission of the European Communities (Appeal — Construction products — Harmonised standards and technical regulations — Thermal insulation standards)

5

2006/C 010/12

Order of the Court (Third Chamber) of 13 October 2005 in Case C-2/05 SA: Names BV v Commission of the European Communities (Application for authorisation to serve a garnishee order on the Commission of the European Communities)

6

2006/C 010/13

Order of the Court (Third Chamber) of 13 October 2005 in Case C-3/05 SA: Statistical Agency of the Republic of Kazakhstan v Commission of the European Communities (Application for authorisation to serve a garnishee order on the Commission of the European Communities)

6

2006/C 010/14

Order of the Court (Third Chamber) of 13 October 2005 in Case C-4/05 SA: Alt Ylmy – Ömümcilik Paydarlar Jemgyyeti v Commission of the European Communities (Application for authorisation to serve a garnishee order on the Commission of the European Communities)

7

2006/C 010/15

Order of the Court (Fifth Chamber) of 6 October 2005 in Case C-256/05: reference for a preliminary ruling from the Telekom-Control-Kommission in Telekom Austria AG, formerly Post & Telekom Austria AG (Questions referred for a preliminary ruling — Jurisdiction of the Court — Reference to the Court — Electronic communications — Networks and services — Common regulatory framework — Market for transit services)

7

2006/C 010/16

Case C-368/05 P: Appeal brought on 5 October 2005 by Polyelectrolyte Producers Group against the order made on 22 July 2005 by the Second Chamber of the Court of First Instance of the European Communities in Case T-376/04 between Polyelectrolyte Producers Group and Council of the European Union and Commission of the European Communities

7

2006/C 010/17

Case C-371/05: Action brought on 7 October 2005 by the Commission of the European Communities against the Italian Republic

8

2006/C 010/18

Case C-376/05: Reference for a preliminary ruling from the Bundesgerichtshof, Germany, by order of that court of 26 July 2005 in A Brünsteiner GmbH v Bayerische Motorenwerke AG

8

2006/C 010/19

Case C-380/05: Reference for a preliminary ruling from the Consiglio di Stato by order of that court of 19 April 2005 in Centro Europa 7 Srl v Ministero delle Comunicazioni e Autorità per le Garanzie nelle Comunicazioni, Direzione Generale Autorizzazioni e Concessioni Ministero delle Comunicazioni

9

2006/C 010/20

Case C-381/05: Reference for a preliminary ruling from the Cour d'appel de Bruxelles by judgment of that court of 13 October 2005 in De Lantsheer Emmanuel v Comite Interprofessionnel du vin de Champagne (‘CIVC’) and Veuve Clicquot Ponsardin

10

2006/C 010/21

Case C-383/05: Reference for a preliminary ruling from the Cour de cassation de Belgique by judgment of that court of 7 October 2005 in Raffaele Talotta v État belge

11

2006/C 010/22

Case C-386/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 28 September 2005 in Color Drack GmbH v Lexx International Vertriebs GmbH

11

2006/C 010/23

Case C-389/05: Action brought on 27 October 2005 by the Commission of the European Communities against the French Republic

12

2006/C 010/24

Case C-391/05: Reference for a preliminary ruling from the Finanzgericht Hamburg by order of that court of 30 August 2005 in Jan de Nul N.V. v Hauptzollamt Oldenburg

12

2006/C 010/25

Case C-392/05: Reference for a preliminary ruling from the Simvoulio tis Epikratias (Council of State) by judgment of that court of 30 June 2005 in proceedings between Georgios Alevizos and the Minister for Economic Affairs

13

2006/C 010/26

Case C-393/05: Action brought on 4 November 2005 by the Commission of the European Communities against the Republic of Austria

13

2006/C 010/27

Case C-395/05: Reference for a preliminary ruling from the Tribunale di Viterbo by order of that court of 25 October 2005 in criminal proceedings against Antonello D'Antonio and Others

14

2006/C 010/28

Case C-397/05: Reference for a preliminary ruling from the Tribunale di Palermo by order of that court of 19 October 2005 in the criminal proceedings against Maria Grazia Di Maggio and Salvatore Buccola

14

2006/C 010/29

Case C-403/05: Action brought on 17 November 2005 by the European Parliament against the Commission of the European Communities

14

2006/C 010/30

Case C-404/05: Action brought on 17 November 2005 by the Commission of the European Communities against the Federal Republic of Germany

15

2006/C 010/31

Case C-409/05: Action brought on 21 November 2005 by the Commission of the European Communities against the Hellenic Republic

16

2006/C 010/32

Case C-414/05: Action brought on 23 November 2005 by the Commission of the European Communities against the French Republic

16

2006/C 010/33

Case C-416/05: Action brought on 24 November 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

17

2006/C 010/34

Case C-417/05 P: Appeal brought on 24 November 2005 by the Commission of the European Communities against the judgment delivered on 13 September 2005 by the Court of First Instance of the European Communities (First Chamber) in Case T-272/03 M.D. Fernández Gómez v Commission of the European Communities

17

2006/C 010/35

Case C-424/05 P: Appeal brought on 29 November 2005 by the Commission of the European Communities against the judgment delivered on 13 September 2005 by the Court of First Instance of the European Communities (First Chamber) in Case T-72/04 between S. Hosman-Chevalier and the Commission of the European Communities

18

COURT OF FIRST INSTANCE

2006/C 010/36

Appeal chamber

19

2006/C 010/37

Case T-154/03: Judgment of the Court of First Instance of 17 November 2005 — Biofarma v OHIM (Community trade mark — Opposition proceedings — Earlier national word marks ARTEX — Application for Community word mark ALREX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

19

2006/C 010/38

Case T-275/03: Judgment of the Court of First Instance of 9 November 2005 — Focus Magazin Verlag GmbH v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark Hi-FOCuS — Earlier national word mark FOCUS — Scope of the examination conducted by the Board of Appeal — Assessment of evidence produced before the Board of Appeal)

19

2006/C 010/39

Case T-145/04: Judgment of the Court of First Instance of 15 November 2005 — Righini v Commission (Officials — Temporary staff — Classification in grade and in step — Classification in the higher career grade)

20

2006/C 010/40

Case T-28/02: Order of the Court of First Instance of 17 October 2005 — First Data Corp. and Others v Commission of the European Communities (Competition — Article 81 EC — Visa payment card scheme — The ‘no-acquiring-without-issuing’ rule — Negative clearance — Rule abolished during the proceedings — Legal interest in bringing proceedings — No need to adjudicate)

20

2006/C 010/41

Case T-124/04: Order of the Court of First Instance of 26 October 2005 — Ouariachi v Commission (Action for damages — Non-contractual liability of the Community — Damage caused by a member of staff in the exercise of his functions — Absence of causal link)

21

2006/C 010/42

Case T-89/05: Order of the Court of First Instance of 27 October 2005 — GAEC Salat v Commission (Action for failure to act — Complaint concerning the protected designation of origin ‘Salers’ — Regulation (EC) No 828/2003 — Definition of position by the Commission — Manifest inadmissibility)

21

2006/C 010/43

Case T-374/05: Action brought on 6 October 2005 — Schierhorst v Commission

21

2006/C 010/44

Case T-377/05: Action brought on 5 October 2005 — Seegmuller v Commission

22

2006/C 010/45

Case T-378/05: Action brought on 7 October 2005 — Marenco v Commission

22

2006/C 010/46

Case T-379/05: Action brought on 14 October 2005 — Zuffa/OHIM

23

2006/C 010/47

Case T-380/05: Action brought on 10 October 2005 — Buendía Sierra v Commission

24

2006/C 010/48

Case T-381/05: Action brought on 10 October 2005 — Di Bucci v Commission

24

2006/C 010/49

Case T-386/05: Action brought on 10 October 2005 — Wilms v Commission

25

2006/C 010/50

Case T-387/05: Action brought on 13 October 2005 — Chatziioannidou v Commission

25

2006/C 010/51

Case T-388/05: Action brought on 20 October 2005 — Grünheid v Commission

26

2006/C 010/52

Case T-389/05: Action brought on 20 October 2005 — Ole Eistrup v European Parliament

26

2006/C 010/53

Case T-393/05: Action brought on 17 October 2005 — Pickering v Commission

27

2006/C 010/54

Case T-394/05: Action brought on 17 October 2005 — Valero Jordana v Commission

27

2006/C 010/55

Case T-398/05: Action brought on 7 November 2005 — Tesoka v European Foundation for the Improvement of Living and Working Conditions

28

2006/C 010/56

Case T-399/05: Action brought on 21 October 2005 — Wils v European Parliament

28

2006/C 010/57

Case T-403/05: Action brought on 15 November 2005 — MyTravel/Commission

29

2006/C 010/58

Case T-406/05: Action brought on 9 November 2005 — Alessandro Cavallaro v Commission of the European Communities

30

III   Notices

2006/C 010/59

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 330, 24.12.2005

31

EN