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Document C:2004:085:TOC
Official Journal of the European Union, C 85, 03 April 2004
Official Journal of the European Union, C 85, 03 April 2004
Official Journal of the European Union, C 85, 03 April 2004
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| Official Journal of the European Union | ISSN
1725-2423 C 85 Volume 47 3 April 2004 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2004/C 85/01 | Judgment of the Court (Sixth Chamber) of 12 February 2004 in Case C-363/99 (Reference for a preliminary ruling from the Gerechtshof te's-Gravenhage): Koninklijke KPN Nederland NV v Benelux-Merkenbureau (Approximation of laws — Trade marks — Directive 89/104/EEC — Article 3(1) — Grounds for refusal to register — Taking account of all the relevant facts and circumstances — Prohibition on registering a mark in respect of certain goods or services if they do not possess a particular characteristic — Word made up of components each of which describes characteristics of the goods or services concerned) | 1 | |
| 2004/C 85/02 | Judgment of the Court (Sixth Chamber) of 5 February 2004 in Case C-24/00: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) — National legislation exhaustively listing the nutrients which may be added to foodstuffs — Measure having equivalent effect — Justification — Public health — Consumer protection — Proportionality) | 2 | |
| 2004/C 85/03 | Judgment of the Court (Sixth Chamber) of 12 February 2004 in Case C-265/00 (Reference for a preliminary ruling from the Cour de justice Benelux): Campina Melkunie BV v Benelux-Merkenbureau (Approximation of laws — Trade marks — Directive 89/104/EEC — Article 3(1) — Ground for refusal to register — Neologism composed of elements each of which is descriptive of characteristics of the goods or services concerned) | 3 | |
| 2004/C 85/04 | Judgment of the Court (Sixth Chamber) of 5 February 2004 in Case C-95/01 (Reference for a preliminary ruling from the tribunal de grande instance de Paris): John Greenham v Léonard Abel (Free movement of goods — Articles 28 EC and 30 EC — Prohibition on marketing foodstuffs to which vitamins and minerals have been added — Justification — Proportionality) | 4 | |
| 2004/C 85/05 | Judgment of the Court (Sixth Chamber) of 12 February 2004 in Case C-218/01 (Reference for a preliminary ruling from the Bundespatentgericht (Germany): Henkel KGaA (Approximation of laws — Trade marks — Directive 89/104/EEC — Article 3(1)(b), (c) and (e) — Grounds for refusal to register — Three-dimensional shape-of-product mark — Distinctive character | 4 | |
| 2004/C 85/06 | Judgment of the Court (Third Chamber) of 12 February 2004 in Case C- 330/01 P: Hortiplant SAT v Commission of the European Communities (Agriculture — EAGGF — Cancellation and request for repayment of financial assistance — Regulation (EEC) No 4253/88 — Article 24(1) and (2) — Obligation on the Commission to request the Member State concerned to submit observations before cancelling financial assistance) | 5 | |
| 2004/C 85/07 | Judgment of the Court (Second Chamber) of 12 February 2004 in Case C-337/01 (Reference for a preliminary ruling from the Bundesfinanzhof): Hamann International GmbH Spedition + Logistik v Hauptzollamt Hamburg-Stadt (Community Customs Code — Customs debt on import — Removal of goods from customs supervision) | 6 | |
| 2004/C 85/08 | Judgment of the Court (Fifth Chamber) of 5 February 2004 in Case C-380/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Gustav Schneider v Bundesminister für Justiz (Directive 76/207/EEC — Equal treatment for men and women — Promotion — Principle of effective control by the courts — Inadmissibility) | 6 | |
| 2004/C 85/09 | Judgment of the Court (Sixth Chamber) of 5 February 2004 in Case C-18/02 (Reference for a preliminary ruling from the Arbejdsret ): Danmarks Rederiforening v LO Landsorganisationen i Sverige (Brussels Convention — Article 5(3) — Jurisdiction in matters relating to tort, delict or quasi-delict — Place where the harmful event occurred — Measure taken by a trade union in a Contracting State against the owner of a ship registered in another Contracting State) | 7 | |
| 2004/C 85/10 | Judgment of the Court (Sixth Chamber) of 22 January 2004 In Joined Cases C-133/02 and C-134/02 (Reference for a preliminary ruling from the Gerechtshof te Amsterdam): Timmermans Transport & Logistics BV, formerly Timmermans Diessen BV, v Inspecteur der Belastingdienst — Douanedistrict Roosendaal, and Hoogenboom Production Ltd and Inspecteur der Belastingdienst — Douanedistrict Rotterdam (Classification of goods for customs tariff purposes — Binding tariff information — Conditions for the revocation of an information) | 8 | |
| 2004/C 85/11 | Judgment of the Court (Sixth Chamber) of 12 February 2004 in Case C-230/02 (Reference for a preliminary ruling from the Bundesvergabeamt): Grossmann Air Service, Bedarfsluftfahrtunternehmen GmbH & Co. KG v Republik Österreich (Public procurement — Directive 89/665/EEC — Review procedures for the award of public contracts — Articles 1(3) and 2(1)(b) — Persons to whom review procedures must be available — Definition of "interest in obtaining a public contract") | 8 | |
| 2004/C 85/12 | Judgment of the Court (Sixth Chamber) of 12 February 2004 in Case C-236/02 (Reference for a preliminary ruling from the College van Beroep): J. Slob v Productschap Zuivel (Milk and milk products — Direct sales — Reference quantity — Overruns — Additional levy on milk — Obligation on producer to keep stock accounts — Contents — Interpretation of Article 7(1)(f) of Regulation (EEC) No 536/93) | 9 | |
| 2004/C 85/13 | Judgment of the Court (Fifth Chamber) of 5 February 2004 in Case C-265/02 (Reference for a preliminary ruling from the Corta suprema di cassazione): Frahuil SA v Assitalia SpA (Brussels Convention — Special jurisdiction — Article 5(1) — Meaning of "matters relating to a contract" — Contract of guarantee entered into without the knowledge of the principal debtor — Subrogation of the guarantor to the rights of the creditor — Right of recourse of the guarantor against the principal debtor) | 9 | |
| 2004/C 85/14 | Judgment of the Court (Third Chamber) of 5 February 2004 in Case C-270/02: Commission of the European Communities v Italian Republic (Measures having equivalent effect — Foodstuffs for sportsmen and women lawfully manufactured and marketed in other Member States — Prior marketing authorisation) | 10 | |
| 2004/C 85/15 | Judgment of the Court (Third Chamber) of 12 February 2004 in Case C-406/02: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Failure to communicate reports required under Directives 76/464/EEC, 78/659/EEC and 80/68/EEC — Standardising and rationalising reports on the implementation of certain directives relating to the environment) | 10 | |
| 2004/C 85/16 | Case C-288/03 P: Appeal brought on 3 July 2003 by B. Zaoui, L. Zaoui and D. Stain, née Zaoui, against the order made on 23 April 2003 by the Court of First Instance of the European Communities (First Chamber) in Case T-73/03 between B. Zaoui and Others and the Commission of the European Communities | 11 | |
| 2004/C 85/17 | Case C-513/03: Reference for a preliminary ruling by the Gerechthof Herzogenbusch by order of that Court of 5 November 2003 in the case of M.E.A. van Hilten-van der Heijden against Inspecteur van de Belastingdienst/Particulieren/Ondernemingen Buitenland te Heerlen | 12 | |
| 2004/C 85/18 | Case C-532/03: Action brought on 19 December 2003 by the Commission of the European Communities against Ireland | 12 | |
| 2004/C 85/19 | Case C-543/03: Reference for a preliminary ruling by the Oberlandesgericht Innsbruck by order of that Court of 16 December 2003 in the case of 1) Christine Dodl, 2) Petra Oberhollenzer against Tiroler Gebietskrankenkasse | 13 | |
| 2004/C 85/20 | Case C-2/04: Reference for a preliminary ruling by the Magistrates' Court, Bitonto, by order of that court of 20 December 2003 in the case of Nicolò Tricarico against Assitalia Assicurazioni | 13 | |
| 2004/C 85/21 | Case C-15/04: Reference for a preliminary ruling by the Bundesvergabeamt (Austria) by order of that Court of 12 January 2004 in the case of Koppensteiner GmbH against Bundesimmobiliengesellschaft m.b.H. | 14 | |
| 2004/C 85/22 | Case C-22/04: Action brought on 26 January 2004 by the Commission of the European Communities against the Hellenic Republic | 14 | |
| 2004/C 85/23 | Case C-25/04: Reference for a preliminary ruling by the Dioikitiko Protodikeio Athens by order of that Court of 30 September 2003 in the case of Sphakianakis AEBE against Hellenic Republic | 15 | |
| 2004/C 85/24 | Case C-30/04: Reference for a preliminary ruling by the Tribunale di Bolzano by order of that Court of 9 January 2004 in the case of Koschitzki Ursel against Istituto Nazionale della Previdenza Sociale (INPS) | 15 | |
| 2004/C 85/25 | Case C-40/04: Reference for a preliminary ruling by the Korkein oikeus (Finland) by order of that Court of 30 January 2004 in the case of Syuichi Yonemoto against Virallinen syyttäjä (Public Prosecutor) and Raine Pentti Pöyry | 15 | |
| 2004/C 85/26 | Case C-42/04: Reference for a preliminary ruling by the College van beroep voor het bedrijfsleven by order of that Court of 23 January 2004 in the case of Maatschap J.B. en R.A.M. Elshof against the Minister for Agriculture, Nature and Food Quality | 16 | |
| 2004/C 85/27 | Case C-43/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 27 November 2003 in the case of Finanzamt Arnsberg against Stadt Sundern | 16 | |
| 2004/C 85/28 | Case C-44/04 and C-45/04: Reference for a preliminary ruling by the Tribunale di Gorizia by order of that Court of 18 December 2003, nos. 1259/2003 and 1260/2003, in the proceedings pending between Azienda Agricola Bogar Roberto & Andrea and AGEA | 16 | |
| 2004/C 85/29 | Case C-51/04: Action brought on 9 February 2004 by the Commission of the European Communities against the Hellenic Republic | 17 | |
| 2004/C 85/30 | Case C-53/04: Reference for a preliminary ruling by the Tribunale di Genova by order of that Court of 21 January 2004 in the case of Mr Marrosu and Mr Sardino against Azienda Ospedaliera Ospedale San Martino di Genova e Cliniche Universitarie Convenzionate | 17 | |
| 2004/C 85/31 | Case C-56/04: Action brought on 10 February 2004 by the Commission of the European Communities against the Republic of Finland | 17 | |
| 2004/C 85/32 | Case C-57/04: Action brought on 10 February 2004 by the Commission of the European Communities against the Federal Republic of Germany | 18 | |
| 2004/C 85/33 | Case C-62/04: Action brought on 12 February 2004 by the Commission of the European Communities against the Italian Republic | 18 | |
| 2004/C 85/34 | Case C-63/04: Reference for a preliminary ruling by the High Court of Justice (England and Wales) by order of that court dated 21 February 2003, in the case of Centralan Property Ltd against Commissioners of Customs and Excise | 18 | |
| 2004/C 85/35 | Case C-77/04: Reference for a preliminary ruling by the Cour de Cassation, première chambre civile, (France) by order of that Court of 20 January 2004 in the case of GIE Réunion européenne, Axa, Winterthur, Le Continent, Assurances mutuelles de France against Zurich Seguros, now Zurich España, and Société Pyrénéenne de Transit d'Automobiles "Soptrans" SA | 19 | |
| 2004/C 85/36 | Case C-79/04: Action brought on 19 February 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 19 | |
| 2004/C 85/37 | Case C-83/04: Action brought on 20 February 2004 by the Commission of the European Communities against the Portuguese Republic | 20 | |
| 2004/C 85/38 | Case C-85/04: Action brought on 23 February 2004 by the Commission of the European Communities against the French Republic | 20 | |
| 2004/C 85/39 | Case C-86/04: Action brought on 23 February 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 20 | |
| 2004/C 85/40 | Case C-87/04: Action brought on 23 February 2004 by the Commission of the European Communities against the Kingdom of Belgium | 21 | |
| COURT OF FIRST INSTANCE | |||
| 2004/C 85/41 | Judgment of the Court of First Instance of 11 December 2003 in Case T-61/99: Adriatica di Navigazione SpA v Commission of the European Communities (Competition — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Definition of the relevant market — Statement of reasons — Price-fixing agreement — Proof of participation in the agreement — Proof that a participant distanced himself from the agreement — Principle of non-discrimination — Fines — Criteria for assessment) | 22 | |
| 2004/C 85/42 | Judgment of the Court of First Instance of 13 January 2004 in Case T-158/99: Thermenhotel Stoiser Franz Gesellschaft mbH & Co. KG and Others v Commission of the European Communities (State aid — Aid for regional purposes — Validity of lawyer's signature on the application — Standing — Statement of reasons — Compatibility with the common market — Prohibition of discrimination — Right of establishment of the national competitors of the aid recipient — Protection of the environment — Misuse of powers) | 22 | |
| 2004/C 85/43 | Judgment of the Court of First Instance of 11 December 2003 in Case T-306/00: Conserve Italia Soc. coop. rl v Commission of the European Communities (Agriculture — EAGGF — Reduction of financial aid — Statement of reasons — Error of assessment — Principle of proportionality) | 23 | |
| 2004/C 85/44 | Judgment of the Court of First Instance of 13 January 2004 in Case T-67/01: JCB Service v Commission of the European Communities (Competition — Article 81 EC — Distribution agreements) | 23 | |
| 2004/C 85/45 | Judgment of the Court of First Instance of 14 January 2004 in Case T-109/01: Fleuren Compost BV v Commission of the European Communities (Actions for annulment — State aid — Aid granted by the Kingdom of the Netherlands to manure-processing undertakings — Scheme approved by the Commission for a fixed period — Aid granted before or after the approved period) | 24 | |
| 2004/C 85/46 | Judgment of the Court of First Instance of 21 January 2004 in Case T-328/01: Tony Robinson v European Parliament (Temporary servant — Promotion to Grade A 3 — Staff of the Parliamentary Group of the European Socialist Parties) | 24 | |
| 2004/C 85/47 | Judgment of the Court of First Instance of 21 January 2004 in Case T-97/02: Prodromos Mavridis v Commission of the European Communities (Officials — Promotion — Omission from the list of officials promoted to Grade A 5 — Availability of staff reports) | 24 | |
| 2004/C 85/48 | Judgment of the Court of First Instance of 20 January 2004 in Case T-195/02: Anselmo Briganti v Commission of the European Communities (Officials — Open competition — Action for annulment — Pre-selection procedure — Conduct of the tests — Retroactive annulment of certain multiple-choice questions — Principle of equal treatment — Principle of legitimate expectations) | 25 | |
| 2004/C 85/49 | Order of the Court of First Instance of 25 November 2003 in Case T-85/01: IAMA Consulting S.r.l. v Commission of the European Communities (Esprit Programme — Actions in the field of research and technological development — Community financing — Eligible expenditure — Arbitration clause — Action for annulment — Admissibility — Counterclaim — Jurisdiction of the Court of First Instance) | 25 | |
| 2004/C 85/50 | Order of the Court of First Instance of 18 December 2003 in Case T-215/02: Santiago Gómez-Reino v Commission of the European Communities (Officials — Investigation carried out by the European Anti-Fraud Office (OLAF) — Duty to assist — Action for annulment and for damages clearly inadmissible and clearly unfounded in law) | 26 | |
| 2004/C 85/51 | Order of the President of the Court of First Instance of 28 November 2003 in Case T-264/03 R: Jürgen Schmoldt and Others against the Commission of the European Communities (Application for interim measures — Admissibility — Urgency) | 26 | |
| 2004/C 85/52 | Order of the Court of First Instance of 2 December 2003 in Case T-334/02 Viomikhania Siskevasias Tipopiisis kai Sintirisis Agrotikon Proïonton AE against the Commission of the European Communities (FEOGA — Improvement of the conditions under which agricultural products are processed and marketed — Request for abolition of Community financial assistance — Inaction on the part of the Commission — Action for failure to act) | 26 | |
| 2004/C 85/53 | Case T-336/03: Action brought on 1 October 2003 by Les Éditions Albert René S. à r.l. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 27 | |
| 2004/C 85/54 | Case T-9/04: Action brought on 13 January 2004 by Luigi Marcuccio against the Commission of the European Communities | 27 | |
| 2004/C 85/55 | Case T-42/04: Action brought on 10 February 2004 by Ermioni Komninou and 16 others against the Commission of the European Communities | 28 | |
| 2004/C 85/56 | Removal from the register of Case T-273/99 | 28 | |
| 2004/C 85/57 | Removal from the register of Case T-9/02 | 29 | |
| 2004/C 85/58 | Removal from the register of Case T-51/03 | 29 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2004/C 85/59 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 71, 20.3.2004 | 30 | |
| Official Journal of the European Communities C 071 | |||
| EN | |||