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Document C:2002:191:TOC
Official Journal of the European Communities, C 191, 10 August 2002
Official Journal of the European Communities, C 191, 10 August 2002
Official Journal of the European Communities, C 191, 10 August 2002
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| Official Journal of the European Communities | ISSN
0378-6986 C 191 Volume 45 10 August 2002 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2002/C 191/01 | Judgment of the Court of 18 June 2002 in Case C-299/99 (Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division): Koninklijke Philips Electronics NV v Remington Consumer Products Ltd (Approximation of laws — Trade marks — Directive 89/104/EEC — Articles 3(1) and (3), 5(1) and 6(1)(b) — Signs capable of being trade marks — Signs consisting exclusively of the shape of the product) | 1 | |
| 2002/C 191/02 | Judgment of the Court (Sixth Chamber) of 20 June 2002 in Case C-313/99 (Reference for a preliminary ruling from the High Court): Gerard Mulligan, Tim O'Sullivan, Tom Power, Hugh Duncan v Minister for Agriculture and Food, Ireland, Attorney General (Additional levy in the milk and milk products sector — Regulation (EEC) No 3950/92 — Transfer of the reference quantity on sale or lease of the holding — Whether a Member State may claw back part of the reference quantity and add it to the national reserve) | 2 | |
| 2002/C 191/03 | Judgment of the Court of 18 June 2002 in Case C-314/99: Kingdom of the Netherlands v Commission of the European Communities (Dangerous substances — Marketing and use — Directives 76/769/EEC, 91/338/EEC and 1999/51/EC — Derogation — Adaptation to technical progress — Legal basis — Limitations on the use of cadmium in Austria and Sweden) | 3 | |
| 2002/C 191/04 | Judgment of the Court (Sixth Chamber) of 20 June 2002 in Case C-401/99 (Reference for a preliminary ruling from the Schleswig-Holsteinisches Oberverwaltungsgericht): Peter Heinrich Thomsen v Amt für ländliche Räume Husum (Council Regulation (EEC) No 3950/92 — Additional levy in the milk and milk products sector — Reference quantities — Conditions of transfer to lessor in the event of the surrender of leased lands — Notion of "producer") | 3 | |
| 2002/C 191/05 | Judgment of the Court of 25 June 2002 in Case C-66/00 (Reference for a preliminary ruling from the Tribunale di Parma): Dante Bigi (Regulation (EEC) No 2081/92 — Protection of geographical indications and designations of origin of agricultural products and foodstuffs — Article 13 — System of derogations — Scope) | 4 | |
| 2002/C 191/06 | Judgment of the Court (Sixth Chamber) of 18 June 2002 in Case C-92/00 (Reference for a preliminary ruling from the Vergabekontrollsenat des Landes Wien): Hospital Ingenieure Krankenhaustechnik Planungs-GmbH (HI) v Stadt Wien (Public service contracts — Directive 92/50/EEC — Procedure for the award of public service contracts — Directive 89/665/EEC — Scope — Decision to withdraw an invitation to tender — Judicial review — Scope) | 4 | |
| 2002/C 191/07 | Judgment of the Court of 18 June 2002 in Case C-242/00: Federal Republic of Germany v Commission of the European Communities (State aid — Proposed aid — Commission decision holding aid to be compatible with the common market — Measure not having an adverse effect — Regional aid — Definition of eligible regions) | 5 | |
| 2002/C 191/08 | Judgment of the Court (Sixth Chamber) of 27 June 2002 in Case C-258/00: Commission of the European Communities v French Republic (Failure to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Identification of waters affected by pollution — Designation of vulnerable zones) | 5 | |
| 2002/C 191/09 | Judgment of the Court (Sixth Chamber) of 27 June 2002 in Case C-274/00 P: Odette Simon v Commission of the European Communities (Appeal — Officials — Person claiming the status of a member of the temporary staff — Application brought out of time — Inadmissibility of application — Appeal in part manifestly inadmissible and in part manifestly unfounded) | 6 | |
| 2002/C 191/10 | Judgment of the Court (Fifth Chamber) of 20 June 2002 in Case C-287/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Sixth VAT Directive — Articles 2(1) and 13(A)(1)(i) — Research activities of public-sector higher-education establishments carried out for consideration — Exemption) | 6 | |
| 2002/C 191/11 | Judgment of the Court (Sixth Chamber) of 20 June 2002 In Joined Cases C-388/00 and C-429/00 (Reference for a preliminary ruling from the Giudice di pace di Genova): Radiosistemi Srl v Prefetto di Genova (Directive 1999/5/EC — Radio equipment and telecommunications terminal equipment — Compatibility of national legislation prohibiting the marketing of radio apparatus which does not bear the national type-approval stamp — Whether penalties provided for by the national legislation are precluded) | 7 | |
| 2002/C 191/12 | Judgment of the Court (Sixth Chamber) of 18 June 2002 in Case C-398/00: Kingdom of Spain v Commission of the European Communities (State aid — Plans notified — No decision by the Commission within the two-month time-limit — Time-limit of 15 working days for initiating the formal investigation procedure — Calculation of the time-limit — Conditions governing prior notice by the Member State and notification of the Commission's decision — Service by fax) | 8 | |
| 2002/C 191/13 | Judgment of the Court of 18 June 2002 in Case C-60/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directives 89/369/EEC and 89/429/EEC — Air pollution — Municipal waste incineration plants — Incinerators in France) | 8 | |
| 2002/C 191/14 | Judgment of the Court (Fourth Chamber) of 20 June 2002 in Case C-299/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Article 7(2) of Regulation (EEC) No 1612/68 — Freedom of movement for workers — Article 43 EC — Freedom of establishment — Social advantages — Guaranteed minimum income) | 9 | |
| 2002/C 191/15 | Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-204/00 P: Aalborg Portland A/S v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly unfounded) | 9 | |
| 2002/C 191/16 | Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-205/00: Irish Cement Ltd v Commission of the European Communities (Appeal — Competition — Cement — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Appeal in part manifestly inadmissible and in part manifestly unfounded) | 10 | |
| 2002/C 191/17 | Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-211/00 P: Ciments Français SA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly unfounded) | 10 | |
| 2002/C 191/18 | Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-213/00 P: Italcementi — Fabbriche Riunite Cemento SpA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly unfounded) | 11 | |
| 2002/C 191/19 | Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-217/00 P: Buzzi Unicem SpA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly inadmissible and in part manifestly unfounded) | 11 | |
| 2002/C 191/20 | Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-219/00 P: Cementir — Cementerie del Tirreno SpA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly unfounded) | 12 | |
| 2002/C 191/21 | Order of the Court (Second Chamber) of 30 May 2002 in Case C-358/00 (Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf): Buchhändler-Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die Deutsche Bibliothek (Article 104(3) of the Rules of Procedure — Public service contracts — Directive 92/50/EEC — Public service concession) | 12 | |
| 2002/C 191/22 | Order of the Court of 26 April 2002 in Case C-454/00 (reference for a preliminary ruling from the Corte d'Appello di Milano): VIS Farmaceutici Istituto scientifico delle Venezie SpA v Duphar International Research BV (Preliminary ruling — Inadmissibility) | 13 | |
| 2002/C 191/23 | Order of the Court of 17 May 2002 in Case C-406/01: Federal Republic of Germany v European Parliament and Council of the European Union (Action for annulment — Manifest inadmissibility — Delay) | 13 | |
| 2002/C 191/24 | Order of the Court (Sixth Chamber) of 21 March 2002 in Case C-447/01 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): DLD Trading Company Import-Export, spol. s.r.o. v Republic of Austria (Preliminary ruling — Inadmissibility) | 14 | |
| 2002/C 191/25 | Case C-107/02: Action brought on 22 March 2002 by the Commission of the European Communities against the Federal Republic of Germany | 14 | |
| 2002/C 191/26 | Case C-186/02 P: Appeal brought on 17 May 2002 against the judgment delivered on 6 March 2002 by the Third Chamber, Extended Composition, of the Court of First Instance of the European Communities in Joined Cases T-92/00 and T-103/00 (not yet published) between Territorio Histórico de Álava — Diputación Foral de Álava and Others and Commission of the European Communities | 15 | |
| 2002/C 191/27 | Case C-188/02 P: Appeal brought on 21 May 2002 against the judgment delivered on 6 March 2002 by the Third Chamber, Extended Composition, of the Court of First Instance of the European Communities in Joined Cases T-92/00 and T-103/00 (not yet published) between Territorio Histórico de Álava — Diputación Foral de Álava and Others and Commission of the European Communities | 16 | |
| 2002/C 191/28 | Case C-193/02: Action brought on 27 May 2002 by the Kingdom of the Netherlands against the Commission of the European Communities | 16 | |
| 2002/C 191/29 | Case C-195/02: Action brought on 27 May 2002 by the Commission of the European Communities against the Kingdom of Spain | 18 | |
| 2002/C 191/30 | Case C-197/02: Action brought on 27 May 2002 by the Commission of the European Communities against the Kingdom of Spain | 18 | |
| 2002/C 191/31 | Case C-204/02 P: Appeal brought on 3 June 2002 by Colin Joynson against the judgment delivered on 21 March 2002 by the Third Chamber of the Court of First Instance of the European Communities in Case T-231/99 between Colin Joynson and the Commission of the European Communities, supported by Bass plc | 19 | |
| 2002/C 191/32 | Case C-216/02: Reference for a preliminary ruling by the Verwaltungsgerichtshof by order of that Court of 23 May 2002 in the action of the Österreichischer Zuchtverband für Ponys, Kleinpferde und Spezialrassen; intervener: Österreichischer Shetlandponyzuchtverband | 20 | |
| 2002/C 191/33 | Case C-217/02: Reference for a preliminary ruling by the Conseil d'État, Section d'Administration (Belgium) by judgment of that Court of 28 May 2002 in the case of Michel Tillieut, Association des habitants de Louvain-La-Neuve, Willy Gregoire and Association L'Épine Blanche against Région wallonne; intervener: Propreté, Assainissement, Gestion de l'Environnement SA ("PAGE") | 20 | |
| 2002/C 191/34 | Case C-219/02: Action brought on 12 June 2002 by the Commission of the European Communities against the Hellenic Republic | 21 | |
| 2002/C 191/35 | Case C-225/02: Reference for a preliminary ruling by the Juzgado de lo Social No 3 of Orense by order of that Court of 30 March 2002 in the case of Rosa García Blanco against Instituto Nacional de la Seguridad Social and Tesoreria General de la Seguridad Social | 21 | |
| 2002/C 191/36 | Case C-241/02 P: Appeal brought on 1 July 2002 by the International and European Public Services Organisation (IPSO) against the order of 18 April 2002 of the Fourth Chamber of the Court of First Instance of the European Communities in Case T-238/00 between (1) the International and European Public Services Organisation (IPSO), (2) the Union of Staff of the European Central Bank (U.S.E.) and the European Central Bank | 22 | |
| 2002/C 191/37 | Removal from the register of Case C-357/00 | 23 | |
| 2002/C 191/38 | Removal from the register of Case C-178/01 | 23 | |
| 2002/C 191/39 | Removal from the register of Case C-214/01 | 23 | |
| 2002/C 191/40 | Judgment of the Court of First Instance of 6 June 2002 in Case T-342/99: Airtours plc v Commission of the European Communities (Competition — Regulation (EEC) No 4064/89 — Decision declaring a concentration to be incompatible with the common market — Application for annulment — Relevant market — Collective dominant position — Proof) | 24 | |
| 2002/C 191/41 | Judgment of the Court of First Instance of 30 May 2002 in Case T-197/00: Hubert Onidi v Commission of the European Communities (Officials — Disciplinary measures — Removal from post with reduction of pension entitlement — Actions falling within the field of corruption — Right to a fair hearing — Principle of proportionality) | 24 | |
| 2002/C 191/42 | Judgment of the Court of First Instance of 5 June 2002 in Case T-198/00: Hershey Foods Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark "Kiss device with plume" — Right to be heard — Article 73 of Regulation (EC) No 40/94 — Prior registration of the mark in certain Member States) | 25 | |
| 2002/C 191/43 | Order of the Court of First Instance of 29 April 2002 in Case T-339/00: Bactria Industriehygiene-Service Verwaltungs GmbH v Commission of the European Communities (Regulation (EC) No 1896/2000 — Directive 98/8/EC — Biocidal products — Action for annulment — Inadmissibility — Person individually concerned) | 25 | |
| 2002/C 191/44 | Order of the Court of First Instance of 27 May 2002 in Case T-18/01 Anthony Goldstein v Commission of the European Communities (Application initiating proceedings — Formal requirements — Competition — Rejection of complaint — Action manifestly inadmissible or manifestly unfounded) | 25 | |
| 2002/C 191/45 | Order of the President of the Court of First Instance of 19 February 2002 in Case T-302/01 R: Gerhard Birkhoff v Commission of the European Communities (Procedure for interim relief — Officials — Dependent child allowance — Suspension of operation of a measure — Urgency — None) | 26 | |
| 2002/C 191/46 | Order of the President of the Court of First Instance of 7 May 2002 in Case T-306/01 R Abdirisak Aden and Others v Council of the European Union and Commission of the European Communities (Proceedings for interim measures — Common foreign and security policy — Sanctions against the Taliban of Afghanistan — Freezing of funds — Urgency) | 26 | |
| 2002/C 191/47 | Case T-154/02: Action brought on 9 May 2002 by Villiger Söhne GmbH against the Council of the European Union | 26 | |
| 2002/C 191/48 | Case T-155/02: Action brought on 14 May 2002 by VVG International Handelsgesellschaft m.b.H., VVG (International) Limited and Metalsivas Metallwarenhandelsgesellschaft m.b.H. against the Commission of the European Communities | 27 | |
| 2002/C 191/49 | Case T-163/02: Action brought on 27 May 2002 by Montan Gesellschaft Voss mbH Stahlhandel and three other companies against the Commission of the European Communities | 28 | |
| 2002/C 191/50 | Case T-171/02: Action brought on 6 June 2002 by Regione Autonoma della Sardegna against Commission of the European Communities | 29 | |
| 2002/C 191/51 | Case T-180/02: Action brought on 11 June 2002 by Georgios Gouvras against Commission of the European Communities | 30 | |
| 2002/C 191/52 | Case T-186/02: Action brought on 14 June 2002 by BMI Bertollo S.r.l. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM) | 30 | |
| 2002/C 191/53 | Case T-189/02: Action brought on 18 June 2002 by Ente per le Ville Vesuviane against Commission of the European Communities | 31 | |
| 2002/C 191/54 | Case T-195/02: Action brought on 1 July 2002 by Anselmo Briganti against Commission of the European Communities | 32 | |
| 2002/C 191/55 | Removal from the register of Case T-152/98 | 32 | |
| 2002/C 191/56 | Removal from the register of Case T-165/99 | 32 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2002/C 191/57 | Last publication of the Court of Justice in the
Official Journal of the European Communities OJ C 180, 27.7.2002 | 33 | |
| EN | |||