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Document C:2004:071:TOC
Official Journal of the European Union, C 71, 20 March 2004
Official Journal of the European Union, C 71, 20 March 2004
Official Journal of the European Union, C 71, 20 March 2004
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| Official Journal of the European Union | ISSN
1725-2423 C 71 Volume 47 20 March 2004 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2004/C 71/01 | Judgment of the Court (Sixth Chamber) of 22 January 2004 in Case C-271/01 (Reference for a preliminary ruling from the Consiglio di Stato ): Ministero delle Politiche Agricole e Forestali v Consorzio Produttori Pompelmo Italiano Soc. coop. arl (COPPI) (Agriculture — EAGGF — Cancellation of financial assistance — Regulation (EEC) No 4253/88 — Articles 23 and 24 — Supervisory powers of the Commission and Member State respectively) | 1 | |
| 2004/C 71/02 | Judgment of the Court (Sixth Chamber) of 22 January 2004 in Case C-353/01 P: Olli Mattila (Appeal — Access to documents — Decisions 93/731/EC and 94/90/ECSC, EC, Euratom — Exception relating to the protection of the public interest in the field of international relations — Partial access) | 2 | |
| 2004/C 71/03 | Judgment of the Court (Fifth Chamber) of 15 January 2004 in Case C-433/01 (Reference for a preliminary ruling from the Bundesgerichtshof ): Freistaat Bayern v Jan Blijdenstein (Brussels Convention — Special rules of jurisdiction — Article 5(2) — Maintenance — Action for recovery brought by a public body subrogated to the rights of the maintenance creditor) | 2 | |
| 2004/C 71/04 | 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) | 3 | |
| 2004/C 71/05 | Judgment of the Court (Sixth Chamber) of 5 February 2004 in Case C-157/02 (Reference for a preliminary ruling from the Oberster Gerichtshof ): Rieser Internationale Transporte GmbH v Autobahnen- und Schnellstraßen-Finanzierungs-AG (Asfinag) (Carriage of goods by road — Tolls — Brenner motorway — Prohibition of discrimination — Discrimination on grounds of the nationality of the haulier or of the origin or destination of the vehicle) | 4 | |
| 2004/C 71/06 | Judgment of the Court (Second Chamber) of 29 January 2004 in Case C-209/02: Commission of the European Communities v Republic of Austria (Directive 92/43/EEC — Failure of a Member State to fulfil obligations — Conservation of natural habitats — Wild fauna and flora — Habitat of the corncrake — "Wörschacher Moos" special protection area) | 4 | |
| 2004/C 71/07 | Judgment of the Court (Fourth Chamber) of 29 January 2004 in Case C-218/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 96/29/Euratom — Protection of the health of workers and the general public against the dangers arising from ionizing radiation — Failure to transpose in whole territory) | 5 | |
| 2004/C 71/08 | Case C-509/03: Reference for a preliminary ruling by the Magistrates' Court, Bitonto by order of that court of 21 November 2003 in the case of Vincenzo Manfredi against Lloyd Adriatico Assicurazioni | 5 | |
| 2004/C 71/09 | Case C-526/03: Action brought on 17 December 2003 by the Commission of the European Communities against the Hellenic Republic | 6 | |
| 2004/C 71/10 | Case C-529/03: Reference for a preliminary ruling made by order of the Tribunale di Cagliari of 20 October 2003 in the case between Marco Antonio Scalas and Renato Lilliu and the Regione Autonoma della Sardegna | 7 | |
| 2004/C 71/11 | Case C-538/03: Action brought on 22 December 2003 by the Commission of the European Communities against the Federal Republic of Germany | 7 | |
| 2004/C 71/12 | Case C-551/03 P: Appeal brought on 29 December 2003 by General Motors Nederland BV and Opel Nederland BV against the judgment delivered on 21 October 2003 by the Second Chamber of the Court of First Instance of the European Communities in case T-368/00 between General Motors Nederland BV and Opel Nederland BV and the Commission of the European Communities | 8 | |
| 2004/C 71/13 | Case C-1/04: Reference for a preliminary ruling by the Bundesgerichtshof by order of that Court of 27 November 2003 in respect of the opening of insolvency proceedings against Susanne Staubitz-Schreiber | 10 | |
| 2004/C 71/14 | Case C-13/04: Action brought on 16 January 2004 by the Commission of the European Communities against the Republic of Finland | 10 | |
| 2004/C 71/15 | Case C-23/04: 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 | 10 | |
| 2004/C 71/16 | Case C-24/04: Reference for a preliminary ruling from the Dioikitiko Protodikeio Athinon by order of 30 September 2003 in the case of SPHAKIANAKIS AEBE v Greek State | 11 | |
| 2004/C 71/17 | Case C-26/04: Action brought on 27 January 2004 by the Commission of the European Communities against the Kingdom of Spain | 11 | |
| 2004/C 71/18 | Case C-28/04: Reference for a preliminary ruling by the Tribunal De Grand Instance de Paris (Third Chamber, Second Division) by order of that Court of 5 December 2003 in the case of Société TOD'S SpA (formerly named EMA Srl) and SARL TOD'S France formerly named DEVA France against S.A. Heyraud; Voluntary intervener: Sté Technisynthese | 12 | |
| 2004/C 71/19 | Case C-29/04: Action brought on 28 January 2004 by the Commission of the European Communities against the Republic of Austria | 12 | |
| 2004/C 71/20 | Case C-31/04: Action brought on 29 January 2004 by the Commission of the European Communities against the Kingdom of Spain | 13 | |
| 2004/C 71/21 | Case C-32/04: Action brought on 29 January 2004 by the Commission of the European Communities against the French Republic | 13 | |
| 2004/C 71/22 | Action brought on 29 January 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg Case C-33/04 | 13 | |
| 2004/C 71/23 | Case C-34/04: Action brought on 29 January 2004 by the Commission of the European Communities against the Kingdom of the Netherlands | 14 | |
| 2004/C 71/24 | Case C-35/04: Action brought on 30 January 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 15 | |
| 2004/C 71/25 | Case C-36/04: Action brought on 2 February 2004 by the Kingdom of Spain against the Council of the European Communities | 15 | |
| 2004/C 71/26 | Case C-38/04: Action brought on 30 January 2004 by the Commission of the European Communities against the Kingdom of the Netherlands | 16 | |
| 2004/C 71/27 | Case C-39/04: Reference for a preliminary ruling by the Tribunal Administratif de Dijon (First Chamber) by order of that Court of 30 December 2003 in the case of SA Laboratoires Fournier against Direction des Vérifications nationales et internationales | 16 | |
| 2004/C 71/28 | Case C-47/04: Action brought on 6 February 2004 by the Commission of the European Communities against the French Republic | 16 | |
| 2004/C 71/29 | Case C-48/04: Action brought on 6 February 2004 by the Commission of the European Communities against the Portuguese Republic | 17 | |
| 2004/C 71/30 | Case C-50/04: Action brought on 9 February 2004 by the Commission of the European Communities against the Portuguese Republic | 17 | |
| 2004/C 71/31 | Case C-54/04: Action brought on 10 February 2004 by the Commission of the European Communities against the Republic of Austria | 18 | |
| 2004/C 71/32 | Case C-55/04: Action brought on 10 February 2004 by the Commission of the European Communities against the French Republic | 18 | |
| 2004/C 71/33 | Case C-59/04: Action brought on 11 February 2004 by the Commission of the European Communities against the French Republic | 18 | |
| COURT OF FIRST INSTANCE | |||
| 2004/C 71/34 | Judgment of the Court of First Instance of 11 December 2003 in Case T-56/99: Marlines SA v Commission of the European Communities (Competition Article 85(1) of the EC Treaty (now Article 81(1) EC) — Price fixing — Proof of participation in a cartel — Duration — Error of assessment of the facts) | 20 | |
| 2004/C 71/35 | Judgment of the Court of First Instance of 11 December 2003 in Case T-59/99: Ventouris Group Enterprises SA v Commission of the European Communities (Competition Regulation (EEC) No 4056/86 — Investigations carried out at company premises other than those of the company to which the investigation decision is addressed Article 85(1) of the EC Treaty (now Article 81(1) EC) — Price-fixing — Proof of infringement Error of assessment of the facts — Fines — Proportionality — Mitigating circumstances) | 20 | |
| 2004/C 71/36 | Judgment of the Court of First Instance of 11 December 2003 in Case T-65/99: Strintzis Lines Shipping SA v Commission of the European Communities (Competition — Regulation (EEC) No 4056/86 — Investigations carried out at company premises other than those of the company to which the investigation decision is addressed Article 85(1) of the EC Treaty (now Article 81(1) EC) — State regulation on maritime transport and the practice of State authorities — Applicability of Article 85 of the Treaty — Whether infringing conduct may be imputed — Fines — Application of the guidelines on calculating fines) | 21 | |
| 2004/C 71/37 | Judgment of the Court of First Instance of 11 December 2003 in Case T-66/99: Minoan Lines SA v Commission of the European Communities (Competition — Regulation (EEC) No 4056/86 — Investigations carried out at company premises other than those of the company to which the investigation decision is addressed — Article 85(1) of the EC Treaty (now Article 81(1) EC) — State regulation on maritime transport and the practice of State authorities — Applicability of Article 85 of the Treaty — Whether infringing conduct may be imputed — Fines — Application of the guidelines on calculating fines) | 21 | |
| 2004/C 71/38 | Judgment of the Court of First Instance of 17 December 2003 in Case T-219/99: British Airways plc v Commission of the European Communities (Competition — Abuse of a dominant position — Competence of the Commission Discrimination between airlines — Relevant product and geographic market — Nexus between the product markets allegedly affected — Legal basis of the contested decision — Existence of a dominant position — Abuse of the dominant position — Proportionality of the amount of the fine) | 22 | |
| 2004/C 71/39 | Judgment of the Court of First Instance of 18 December 2003 in Case T-326/99: Nancy Fern Olivieri v Commission of the European Communities and European Agency for the Evaluation of Medicinal Products (Medicinal product — Marketing authorisation — Opinion of the European Agency for the Evaluation of Medicinal Products — Admissibility — Interest in bringing proceedings — Public health — Verification of reported data — Review of scientific evaluations — Professional reputation) | 22 | |
| 2004/C 71/40 | Judgment of the Court of First Instance of 16 December 2003 In Joined Cases T-5/00 and T-6/00: Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied and Technische Unie BV v Commission of the European Communities (Decisions, agreements and concerted practices — Sale of electrotechnical fittings in the Netherlands — National association of wholesalers — Collective exclusive dealing and price-fixing agreements — Fines) | 23 | |
| 2004/C 71/41 | Judgment of the Court of First Instance of 17 December 2003 in Case T-146/01: DLD Trading Co. v Council of the European Union (Non-contractual liability — Causal link between the conduct complained of and the alleged damage — No such link) | 23 | |
| 2004/C 71/42 | Judgment of the Court of First Instance of 3 December 2003 in Case T-208/01: Volkswagen Ag v Commission of the European Communities (Competition — Distribution of motor vehicle — Article 81(1) EC Price agreement — Meaning of agreement — Proof of the existence of an agreement) | 24 | |
| 2004/C 71/43 | Judgment of the Court of First Instance of 3 December 2003 in Case T-16/02: Audi AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Absolute grounds for refusal — Descriptive mark — Distinctive character acquired through use — Word mark TDI — Right to be heard — Scope of the duty to state reasons — Consequences of a breach of the duty to state reasons) | 24 | |
| 2004/C 71/44 | Judgment of the Court of First Instance of 17 December 2003 in Case T-133/02: Pravir Kumar Chawdhry v Commission of the European Communities (Member of the temporary staff — Post paid from appropriations to the research budget — Grading) | 25 | |
| 2004/C 71/45 | Judgment of the Court of First Instance of 10 December 2003 in Case T-173/02: Pierre Tomarchio v Commission of the European Communities (Officials - Grading — Rejection of an application for regrading under Article 31(2) of the Staff Regulations) | 25 | |
| 2004/C 71/46 | Judgment of the Court of First instance of 3 December 2003 in Case T-305/02: Nestlé Waters France v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a bottle — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94) | 25 | |
| 2004/C 71/47 | Judgment of the Court of First Instance of 11 December 2003 in Case T-323/02: Monique Breton v Court of Justice of the European Communities (Officials — Promotion — Award of promotion points — Admissibility) | 26 | |
| 2004/C 71/48 | Judgment of the Court of First Instance of 17 December 2003 in Case T-324/02: Hans McAuley v Council of the European Union (Compliance with a judgment of the Court of First Instance — Appointment of a Language Adviser in the English and Irish Language — Division of the Council Termination of the procedure for filling the post under Article 29(1)(a) of the Staff Regulations — Misuse of powers — Action for compensation) | 26 | |
| 2004/C 71/49 | Order of the Court of First Instance of 17 November 2003 In Case T-340/99 DEP: Arne Mathisen AS against Council of the European Union (Taxation of costs — Expenses necessarily incurred by the parties for the purposes of the proceedings — Lawyers' fees — Photocopy expenses) | 27 | |
| 2004/C 71/50 | Order of the Court of First Instance of 3 December 2003 in Case T-82/00 DEP: Bic SA and Others v Council of the European Union (Procedure — Taxation of costs) | 27 | |
| 2004/C 71/51 | Order of the Court of First Instance of 4 December 2003 in Case T-78/01 INNOVA - Centro euromediterraneo per lo sviluppo sostenibile v Commission of the European Communities ("Culture 2000" Programme — "Una festa per Aristofane" project — Suspension of payment of part of a Community grant awarded — No need to adjudicate) | 27 | |
| 2004/C 71/52 | Order of the Court of First Instance of 26 November 2003 in Case T-95/02: Michael Hohenbichler v Commission of the European Communities (Officials — Pensions — Transfer of national pension rights — Calculation of the annual contributions to be taken into account — Annual salary used as reference — Action manifestly devoid of any legal basis) | 28 | |
| 2004/C 71/53 | Order of the Court of First Instance of 26 November 2003 in Case T-96/02: Hugh Mc Bryan v Commission of the European Communities (Officials — Pensions — Transfer of national pension rights — Calculation of the annual contributions to be taken into account — Salary used as reference — Action manifestly devoid of any legal basis) | 28 | |
| 2004/C 71/54 | Order of the Court of First Instance of 18 November 2003 In Case T-383/02, G.D. Searle LLC against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for a declaration of invalidity — Relative ground for invalidity — Amicable settlement — No need to adjudicate) | 29 | |
| 2004/C 71/55 | Order of the President of the Court of First Instance of 28 November 2003 in Case T-200/03 R: V v Commission of the European Communities (Application for interim relief — Application for stay of execution — Dismissal for inadequate performance — Urgency) | 29 | |
| 2004/C 71/56 | Order of the President of the Court of First Instance of 25 November 2003 in Case T-339/03 R: Gabrielle Clotuche v Commission of the European Communities (Application for interim relief — Officials — Decision reassigning the applicant to the post of Principal Adviser — Urgency — None) | 29 | |
| 2004/C 71/57 | Case T-403/03: Action brought on 15 December 2003 by Marmara Import-Export GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 30 | |
| 2004/C 71/58 | Case T-425/03: Action brought on 17 December 2003 by AMS Advanced Medical Services against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 30 | |
| 2004/C 71/59 | Case T-442/03: Action brought on 31 December 2003 by SIC-Sociedade Independente de Comunicação, S.A. against the Commission of the European Communities | 31 | |
| 2004/C 71/60 | Case T-2/04: Action brought on 2 January 2004 by Cemender Korkmaz, The Corner House and the Kurdish Human Rights Project against the Commission of the European Communities | 32 | |
| 2004/C 71/61 | Case T-13/04: Action brought on 15 January 2004 by Jens Peter Bonde and others against the European Parliament and the Council of the European Union | 34 | |
| 2004/C 71/62 | Case T-14/04: Action brought on 14 January 2004 by Alto de Casablanca, S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 35 | |
| 2004/C 71/63 | Case T-15/04: Action brought on 14 January 2004 by Sandoz GmbH against the Commission of the European Communities | 35 | |
| 2004/C 71/64 | Case T-16/04: Action brought on 15 January 2004 by Arcelor S.A. against the European Parliament and the Council of the European Union | 36 | |
| 2004/C 71/65 | Case T-17/04: Action brought on 13 January 2004 by Le Front National and seven others against Council of the European Union and European Parliament | 37 | |
| 2004/C 71/66 | Case T-18/04: Action brought on 16 January 2004 by Luigi Marcuccio against the Commission of the European Communities | 38 | |
| 2004/C 71/67 | Case T-19/04: Action brought on 19 January 2004 by Metso Paper Automation Oy against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 38 | |
| 2004/C 71/68 | Case T-20/04: Action brought on 20 January 2004 by María Pilar Aguar Fernández and 126 others against Commission of the European Communities | 39 | |
| 2004/C 71/69 | Case T-21/04: Action brought on 21 January 2004 by Fusion Electronics Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 39 | |
| 2004/C 71/70 | Case T-25/04: Action brought on 22 January 2004 by González y Díez S.A. against the Commission of the European Communities | 40 | |
| 2004/C 71/71 | Case T-26/04: Action brought on 20 January 2004 by Jacques Verborgh against the Commission of the European Communities | 41 | |
| 2004/C 71/72 | Case T-27/04: Action brought on 27 January 2004 by the El Corte Inglés S.A. against the Office for Harmonisation in the Internal Market | 41 | |
| 2004/C 71/73 | Case T-29/04: Action brought on 26 January 2004 by Castellblanch, S.A., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 42 | |
| 2004/C 71/74 | Case T-36/04: Action brought on 2 February 2004 by Association de la Presse Internationale a.s.b.l. ("API") against the Commission of the European Communities | 43 | |
| 2004/C 71/75 | Removal from the register of Case T-89/02 | 43 | |
| 2004/C 71/76 | Removal from the register of Case T-307/02 | 43 | |
| 2004/C 71/77 | Removal from the register of Case T-319/02 | 44 | |
| 2004/C 71/78 | Removal from the register of Case T-180/03 | 44 | |
| 2004/C 71/79 | Removal from the register of Case T-191/03 | 44 | |
| 2004/C 71/80 | Removal from the register of Case T-296/03 | 44 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2004/C 71/81 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 59, 6.3.2004 | 45 | |
| Official Journal of the European Communities C 059 | |||
| EN | |||