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Document C:2003:112:TOC
Official Journal of the European Union, C 112, 10 May 2003
Official Journal of the European Union, C 112, 10 May 2003
Official Journal of the European Union, C 112, 10 May 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 112 Volume 46 10 May 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 112/01 | Judgment of the Court of 20 March 2003 in Case C-3/00: Kingdom of Denmark v Commission of the European Communities (Approximation of laws — Directive 95/2/EC — Use of sulphites, nitrites and nitrates as food additives — Protection of health — Stricter national provisions — Conditions of application of Article 95(4) EC — Principle of the right to be heard) | 1 | |
| 2003/C 112/02 | Judgment of the Court (Fifth Chamber) of 13 March 2003 in Case C-156/00: Kingdom of the Netherlands v Commission of the European Communities (Action for annulment of Commission Decision C(2000) 485 final — Remission of import duties — Inward processing — Lack of equivalence between Community products and imported products) | 1 | |
| 2003/C 112/03 | Judgment of the Court (Sixth Chamber) of 20 March 2003 in Case C-187/00 (Reference for a preliminary ruling from the Arbeitsgericht Hamburg): Helga Kutz-Bauer v Freie und Hansestadt Hamburg (Social policy — Equal treatment for men and women — Scheme of part-time work for older employees — Directive 76/207/EEC — Indirect discrimination — Objective justification) | 2 | |
| 2003/C 112/04 | Judgment of the Court of 20 March 2003 in Case C-291/00 (Reference for a preliminary ruling from the Tribunal de Grande Instance de Paris): LTJ Diffusion SA v Sadas Vertbaudet SA (Trade marks — Approximation of laws — Directive 89/104/EEC — Article 5(1)(a) — Notion of sign which is identical with the trade mark — Use of the distinctive element of the mark to the exclusion of other elements — Use of all the elements making up the trade mark but with the addition of other elements) | 3 | |
| 2003/C 112/05 | Judgment of the Court of 11 March 2003 in Case C-40/01 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden): Ansul BV v Ajax Brandbeveiliging BV (Trade marks — Directive 89/104/EEC — Article 12(1) — Revocation of trade mark owner's rights — Concept of genuine use of a trade mark — Maintenance of goods already sold and sales of replacement parts and accessories) | 3 | |
| 2003/C 112/06 | Judgment of the Court (Sixth Chamber) of 20 March 2003 in Case C-135/01: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 98/56/EC — Marketing of propagating material of ornamental plants — Failure to transpose within the prescribed period — Difficulties of interpretation) | 4 | |
| 2003/C 112/07 | Judgment of the Court of 11 March 2003 in Case C-186/01 (Reference for a preliminary ruling from the Verwaltungsgericht Stuttgart): Alexander Dory v Federal Republic of Germany (Inapplicability of Community law to compulsory military service — Equal treatment of men and women — Article 2 of Directive 76/207/EEC — Compulsory military service in Germany limited to men only — Directive not applicable) | 4 | |
| 2003/C 112/08 | Judgment of the Court (Fifth Chamber) of 13 March 2003 in Case C-229/01 (Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich): Susanne Müller (Directive 2000/13/EC — Labelling and presentation of foodstuffs — Date of minimum durability — Article 18) | 5 | |
| 2003/C 112/09 | Judgment of the Court (Second Chamber) of 13 March 2003 in Case C-333/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 98/81/EC — Failure to transpose within the prescribed period) | 5 | |
| 2003/C 112/10 | Judgment of the Court (Sixth Chamber) of 20 March 2003 in Case C-378/01: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Special protection areas — Conservation of wild birds) | 6 | |
| 2003/C 112/11 | Judgment of the Court (Second Chamber) of 13 March 2003 in Case C-436/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Directive 98/81/EC — Failure to transpose within the prescribed period) | 6 | |
| 2003/C 112/12 | Judgment of the Court (Third Chamber) of 20 March 2003 in Case C-143/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora) | 7 | |
| 2003/C 112/13 | Case C-50/03: Reference for a preliminary ruling by the Oberlandesgericht Rostock by order of that Court of 5 February 2003 in the procurement review procedure 1. Simrad GmbH & Co. KG, 2. Kongsberg Simrad AS against Ministry for Education, Science and Culture Mecklenburg-Vorpommern | 7 | |
| 2003/C 112/14 | Case C-51/03: Reference for a preliminary ruling by the Amtsgericht Löbau by order of that Court of 21 October 2002 in the criminal proceedings against Nicoleta Maria Georgescu | 8 | |
| 2003/C 112/15 | Case C-54/03: Reference for a preliminary ruling by the Landesgericht für Zivilrechtssachen Wien by order of that Court of 29 January 2003 in the case of Austroplant-Arzneimittel GesmbH against Austrian Republic | 8 | |
| 2003/C 112/16 | Case C-60/03: Reference for a preliminary ruling by the Bundesarbeitsgericht by order of that Court of 6 November 2002 in the case of Wolff & Müller GmbH & Co.KG against José Filipe Pereira Félix | 9 | |
| 2003/C 112/17 | Case C-83/03: Action brought on 26 February 2003 by the Commission of the European Communities against the Italian Republic | 9 | |
| 2003/C 112/18 | Case C-85/03: Reference for a preliminary ruling by the Polimeles Protodikio Athinon by judgment of that Court of 27 April 2001 in the case of Anastasia Mavrona kai Sia O.E. against Delta Etairia Simmetokhon Anonimos Etairia | 10 | |
| 2003/C 112/19 | Case C-86/03: Action brought on 26 February 2003 by the Hellenic Republic against the Commission of the European Communities | 10 | |
| 2003/C 112/20 | Case C-88/03: Action brought on 27 February 2003 by Portuguese Republic against the Commission of the European Communities | 11 | |
| 2003/C 112/21 | Case C-92/03: Action brought on 28 February 2003 by the Commission of the European Communities against the Portuguese Republic | 12 | |
| 2003/C 112/22 | Case C-103/03: Reference for a preliminary ruling by the Landgericht Hagen by order of that Court of 11 February 2003 in proceedings relating to the commercial register concerning Betriebsgesellschaft Radio Ennepe-Ruhr-Kreis mbh & Co. KG; Person concerned: Mr Hans-Jürgen Weske | 13 | |
| 2003/C 112/23 | Case C-108/03: Action brought on 7 March 2003 by the Commission of the European Communities against the Kingdom of Spain | 14 | |
| 2003/C 112/24 | Case C-110/03: Action brought on 10 March 2003 by the Kingdom of Belgium against the Commission of the European Communities | 14 | |
| 2003/C 112/25 | Case C-111/03: Action brought on 12 March 2003 by the Commission of the European Communities against the Kingdom of Sweden | 15 | |
| 2003/C 112/26 | Case C-112/03: Reference for a preliminary ruling by the Cour d'Appel, Grenoble, by judgment of that Court of 20 February 2003 in the case of Société Financière & Industrielle du Peloux, formerly known as Sodequip Isolation, against Société AXA Belgium, formerly known as AXA Royale Belge, and Others | 16 | |
| 2003/C 112/27 | Case C-113/03: Action brought on 13 March 2003 by the Commission of the European Communities against the French Republic | 16 | |
| 2003/C 112/28 | Case C-115/03: Reference for a preliminary ruling by the Tribunale di Genova — Prima sezione civile by order of that Court of 10 March 2003 in the civil proceedings brought by Eco Eridania S.r.l. against Ministero dell'Ambiente and Presidenza del Consiglio dei Ministri | 17 | |
| 2003/C 112/29 | Case C-118/03: Action brought on 17 March 2003 by the Commission of the European Communities against the Federal Republic of Germany | 17 | |
| 2003/C 112/30 | Case C-119/03: Action brought on 18 March 2003 by the Commission of the European Communities against the French Republic | 17 | |
| 2003/C 112/31 | Case C-120/03: Action brought on 18 March 2003 by the Commission of the European Communities against the Kingdom of Spain | 18 | |
| 2003/C 112/32 | Case C-122/03: Action brought on 19 March 2003 by the Commission of the European Communities against the French Republic | 18 | |
| 2003/C 112/33 | Case C-123/03 P: Appeal brought on 19 March 2003 by the Commission of the European Communities against the order made on 7 January 2003 by the Second Chamber of the Court of First Instance of the European Communities in case T-135/02 between Greencore Group plc and the Commission of the European Communities | 19 | |
| 2003/C 112/34 | Case C-125/03: Action brought on 20 March 2003 by the Commission of the European Communities against the Federal Republic of Germany | 20 | |
| 2003/C 112/35 | Case C-127/03: Action brought on 21 March 2003 by the Commission of the European Communities against Trendsoft (Irl) Ltd | 20 | |
| 2003/C 112/36 | Case C-137/03: Action brought on 26 March 2003 by the Commission of the European Communities against the Hellenic Republic | 21 | |
| 2003/C 112/37 | Case C-147/03: Action brought on 31 March 2003 by the Commission of the European Communities against the Republic of Austria | 21 | |
| 2003/C 112/38 | Case C-150/03 P: Appeal brought on 2 April 2003 by Chantal Hectors against the judgment delivered on 23 January 2003 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-181/01 between Chantal Hectors and European Parliament | 22 | |
| 2003/C 112/39 | Case C-151/03 P: Appeal brought on 2 April 2003 by Karl L. Meyer against the judgment of 13 February 2003 of the Third Chamber of the Court of First Instance of the European Communities in Case T-333/01 K. Meyer v Commission | 22 | |
| 2003/C 112/40 | Removal from the register of Case C-26/02 | 23 | |
| 2003/C 112/41 | Removal from the register of Case C-254/02 | 23 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 112/42 | Assignment of Judges to Chambers | 24 | |
| 2003/C 112/43 | Judgment of the Court of First Instance of 12 March 2003 in Case T-254/99: Maja Srl v Commission of the European Communities (Regulation (EEC) No 4028/86 — Community aid — Sale of business — Implementation of project — Procedure for discontinuance of aid — Action for annulment) | 24 | |
| 2003/C 112/44 | Judgment of the Court of First Instance of 4 March 2003 in Case T-319/99: Federación Nacional de Empresas de Instrumentación Científica, Médica, Técnica y Dental (FENIN) v Commission of the European Communities (Competition — Abuse of a dominant position — Public health service — Late payment of invoices — Complaint submitted by suppliers — Definition of undertaking) | 24 | |
| 2003/C 112/45 | Judgment of the Court of First Instance of 27 February 2003 in Case T-20/00 OP: Commission of the European Communities v Ivo Camacho-Fernandes (Officials — Occupational disease — Irregularity in the opinion of the medical committee — Objection against a judgment given by default) | 25 | |
| 2003/C 112/46 | Judgment of the Court of First Instance of 6 March 2003 in Case T-56/00: Dole Fresh Fruit International Ltd v Council of the European Union and Commission of the European Communities (Bananas — Common organisation of the markets — Decision 94/800/EC — Regulation (EC) No 478/95 — Export licence scheme — Action for damages) | 25 | |
| 2003/C 112/47 | Judgment of the Court of First Instance of 6 March 2003 in Case T-57/00: Banan-Kompaniet AB and Skandinaviska Bananimporten AB v Council of the European Union and Commission of the European Communities (Bananas — Common organisation of the markets — Decision 94/800/EC — Regulation (EC) No 478/95 — Export licence scheme — Action for damages) | 26 | |
| 2003/C 112/48 | Judgment of the Court of First Instance of 25 February 2003 in Case T-183/00, Strabag Benelux NV v Council of the European Union (Public works contracts — Contested decision non-existent — Statement of reasons in the decision awarding the contract — Criteria for award — Application for annulment — Non-contractual liability of the Community) | 26 | |
| 2003/C 112/49 | Judgment of the Court of First Instance of 11 March 2003 in Case T-186/00: Conserve Italia Soc. Coop. rl v Commission of the European Communities (Agriculture — Guidance Section of the European Agricultural Guidance and Guarantee Fund — Discontinuance of financial aid — Article 24 of Regulation (EEC) No 4253/88 — Principle of proportionality — Statement of reasons) | 26 | |
| 2003/C 112/50 | Judgment of the Court of First Instance of 27 February 2003 in Case T-329/00, Bonn Fleisch Ex- und Import GmbH v Commission of the European Communities (Customs duties — Imports of beef from South America — Article 13(1) of Regulation (EEC) No 1430/79 — Application for recovery of import duties — Rights of the defence — Special situation) | 27 | |
| 2003/C 112/51 | Judgment of the Court of First instance of 26 February 2003 in Cases T-344/00 and T-345/00: CEVA Santé animale SA and Pharmacia Entreprises SA v Commission of the European Communities (Regulation (EEC) No 2377/90 — Veterinary medicinal products — Application for the inclusion of "progesterone" in the list of substances for which it does not appear necessary to fix a maximum residue limit — Opinion of the Committee for Veterinary Medicinal Products (CVMP) — Re-examination by the CVMP — Failure by the Commission to adopt a draft of measures to be taken — Action for failure to act — Definition of a position putting an end to a failure to act — No need to adjudicate — Actions in damages — Liability of the Community — Causal link — Interlocutory judgment) | 27 | |
| 2003/C 112/52 | Judgment of the Court of First Instance of 25 February 2003 in Case T-4/01, Renco SpA v Council of the European Union (Public works contracts — Directive 93/37/EEC — Tender specification — Statement of reasons for the decision to award the contract — Manifest errors of assessment — Non-contractual liability of the Community) | 28 | |
| 2003/C 112/53 | Judgment of the Court of First Instance of 5 March 2003 in Case T-24/01: Claire Staelen v European Parliament (Officials — Open competition — Eliminating tests — Power of the selection board to change the minimum number of points required in the Notice of Competition — Tests of a comparative nature — Admissibility) | 28 | |
| 2003/C 112/54 | Judgment of the Court of First Instance of 26 February 2003 in Case T-59/01: Albert Nardone v Commission of the European Communities (Action for annulment — Former official - Request for invalidity pension) | 29 | |
| 2003/C 112/55 | Judgment by the Court of First Instance of 27 February 2003 in Case T-61/01 Vendedurías de Armadores Reunidos, SA v Commission of the European Communities (Fisheries — Community financial aid — Suspension of aid — Action for damages) | 29 | |
| 2003/C 112/56 | Judgment of the Court of First Instance of 6 March 2003 in Case T-128/01: DaimlerChrysler Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark — Representation of a vehicle grille — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Mark devoid of any distinctive character) | 29 | |
| 2003/C 112/57 | Judgment of the Court of First Instance of 26 February 2003 in Case T-145/01: Benito Latino v Commission of the European Communities (Officials — Occupational disease — Validity of the opinion of the Medical Committee — Evidence of the occupational origin of the disease — Scientific uncertainty — Proper conduct of the procedure preceding the reference to the Medical Committee) | 30 | |
| 2003/C 112/58 | Judgment of the Court of First Instance of 26 February 2003 in Case T-164/01: Arnaldo Lucaccioni v Commission of the European Communities (Officials — Action for damages — Admissibility) | 30 | |
| 2003/C 112/59 | Judgment of the Court of First Instance of 5 March 2003 in Case T-194/01: Unilever NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a product for dishwashers — Ovoid tablet — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94) | 30 | |
| 2003/C 112/60 | Judgment of the Court of First Instance of 26 February 2003 in Case T-212/01: Arnaldo Lucacioni v Commission of the European Communities (Officials — Insurance Against the Risk of Accident and of Occupational Disease — Aggravation of injuries — Overlapping of capital and compensation provided by Articles 12 and 14 respectively of the Insurance Rules) | 31 | |
| 2003/C 112/61 | Judgment of the Court of First Instance of 5 March 2003 in Case T-237/01: Alcon Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Invalidity proceedings — "BSS" — Article 51 of Regulation (EC) No 40/94 — Absolute ground for refusal — Article 7(1)(d) of Regulation No 40/94 — Distinctive character acquired through use — Articles 7(3) and 51(2) of Regulation No 40/94) | 31 | |
| 2003/C 112/62 | Order of the Court of First Instance of 4 March 2003 in Case T-316/02: Marie-Claude Girardot v Commission of the European Communities (Officials — Action for annulment — Refusal to admit to the tests of a competition — Irregularity of the prior administrative procedure — Manifest inadmissibility of the action for annulment) | 32 | |
| 2003/C 112/63 | Case T-57/03: Action brought on 20 February 2003 by Société Provençale d'Achat et de Gestion (SPAG) against the Office for Harmonisation in the Internal Market | 32 | |
| 2003/C 112/64 | Case T-68/03: Action brought on 24 February 2003 by Olimpiaki Aeroporia A.E. (Olympic Airways) against the Commission of the European Communities | 32 | |
| 2003/C 112/65 | Case T-71/03: Action brought on 3 March 2003 by Tokai Carbon Co., Ltd. against the Commission of the European Communities | 33 | |
| 2003/C 112/66 | Case T-72/03: Action brought on 3 March 2003 by Toyo Tanso Co., Ltd. against the Commission of the European Communities | 34 | |
| 2003/C 112/67 | Case T-75/03: Action brought on 28 February 2003 by Banco Comercial dos Açores, SA against the Commission of the European Communities | 35 | |
| 2003/C 112/68 | Case T-77/03: Action brought on 4 March 2003 by Feralpi Siderurgica S.p.A. against the Commission of the European Communities | 35 | |
| 2003/C 112/69 | Case T-78/03: Action brought on 4 March 2003 by Haladjian Frères against the Commission of the European Communities | 36 | |
| 2003/C 112/70 | Case T-79/03: Action brought on 27 February 2003 by Industrie Riunite Odolesi I.R.O. S.p.A. against the Commission of the European Communities | 36 | |
| 2003/C 112/71 | Case T-81/03: Action brought on 3 March 2003 by Mast-Jägermeister AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 37 | |
| 2003/C 112/72 | Case T-82/03: Action brought on 3 March 2003 by Mast-Jägermeister AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 37 | |
| 2003/C 112/73 | Case T-84/03: Action brought on 28 February 2003 by Maurizio Turco against the Council of the European Union | 38 | |
| 2003/C 112/74 | Case T-86/03: Action brought on 6 March 2003 by Holcim against the Commission of the European Communities | 39 | |
| 2003/C 112/75 | Case T-87/03: Action brought on 5 March 2003 by Intech EDM AG against the Commission of the European Communities | 39 | |
| 2003/C 112/76 | Case T-90/03: Action brought on 6 March 2003 by Fédération des Industries Condimentaires de France and Others against the Commission of the European Communities | 40 | |
| 2003/C 112/77 | Case T-91/03: Action brought on 10 March 2003 by SGL Carbon AG against the Commission of the European Communities | 41 | |
| 2003/C 112/78 | Case T-92/03: Action brought on 5 March 2003 by Luis Escobar Guerrero against the Commission of the European Communities | 42 | |
| 2003/C 112/79 | Case T-93/03: Action brought on 4 March 2003 by Spyros Konidaris against the Commission of the European Communities | 42 | |
| 2003/C 112/80 | Case T-94/03: Action brought on 10 March 2003 by Ferriere Nord S.p.A. against the Commission of the European Communities | 42 | |
| 2003/C 112/81 | Case T-95/03: Action brought on 8 March 2003 by the Asociación de Empresarios de Estaciones de Servicio de la Comunidad Autónoma de Madrid and the Federación Catalana de Estaciones de Servicio against the Commission of the European Communities | 43 | |
| 2003/C 112/82 | Case T-96/03: Action brought on 10 March 2003 by Manel Camós Grau against the Commission of the European Communities | 44 | |
| 2003/C 112/83 | Case T-97/03: Action brought on 5 March 2003 by Ferriera Valsabbia S.p.A. and Valsabbia Investimenti S.p.A. against the Commission of the European Communities | 45 | |
| 2003/C 112/84 | Case T-98/03: Action brought on 5 March 2003 by Alfa Acciai S.p.A. against the Commission of the European Communities | 45 | |
| 2003/C 112/85 | Case T-100/03: Action brought on 14 March 2003 by Maison de l'Europe Avignon-Méditerranée against the Commission of the European Communities | 46 | |
| 2003/C 112/86 | Case T-102/03: Action brought on 14 March 2003 by Centro Informativo per la collaborazione tra le imprese e la promozione degli investimenti in Sicilia — CIS — in liquidation against the Commission of the European Communities | 46 | |
| 2003/C 112/87 | Case T-105/03: Action brought on 17 March 2003 by Triantafyllia Dionyssopoulou against the Council of the European Union | 47 | |
| 2003/C 112/88 | Case T-106/03: Action brought on 14 March 2003 by Hans McAuley against the Council of the European Union | 47 | |
| 2003/C 112/89 | Removal from the register of Case T-100/99 | 48 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 112/90 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 101, 26.4.2003 | 49 | |
| Official Journal of the European Communities C 101 | |||
| EN | |||