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Document C:2003:304:TOC
Official Journal of the European Union, C 304, 13 December 2003
Official Journal of the European Union, C 304, 13 December 2003
Official Journal of the European Union, C 304, 13 December 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 304 Volume 46 13 December 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 304/01 | Judgment of the Court (Fifth Chamber) of 2 October 2003 in Case C-195/99 P: Krupp Hoesch Stahl AG v Commission of the European Communities() (Appeal — Agreements and concerted practices — European producers of beams) | 1 | |
| 2003/C 304/02 | Judgment of the Court (Fifth Chamber) of 23 October 2003 in Case C-56/01 (Reference for a preliminary ruling from the Tribunal des Affaires de sécurité sociale de Nanterre): Patricia Inizan v Caisse primaire d'assurance maladie des Hauts-de-Seine (Social security — Freedom to provide services — Costs of hospital stay to be incurred in another Member State — Conditions of reimbursement — Prior authorisation — Article 22 of Regulation (EEC) No 1408/71 — Validity) | 1 | |
| 2003/C 304/03 | Judgment of the Court of 23 October 2003 in Case C-191/01 P: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v Wm. Wrigley Jr. Company (Appeal — Community trade mark — Regulation (EC) No 40/94 — Absolute ground for refusal to register — Distinctive character — Marks consisting exclusively of descriptive signs or indications — Doublemint) | 2 | |
| 2003/C 304/04 | Judgment of the Court (Fifth Chamber) of 23 October 2003 in Case C-245/01 (Reference for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht): RTL Television GmbH v Niedersächsische Landesmedienanstalt für privaten Rundfunk (Directive 89/552/EEC — Article 11(3) — Television broadcasting — Television advertising — Advertising breaks in audiovisual works — Definition of "series") | 3 | |
| 2003/C 304/05 | Judgment of the Court of 21 October 2003 In Joined Cases C-261/01 and C-262/01 (Reference for a preliminary ruling from the Hof van Beroep te Antwerpen): Belgische Staat v Eugene Van Calster, Felix Cleeren (C-261/01) and between Belgische Staat and Openbaar Slachthuis NV (C-262/01) (Aid financed by parafiscal charges — Compulsory charges to finance a fund for animal health and livestock production — Retroactive effect of the charges — Validity of a Commission decision concerning State aid — Powers of the Commission) | 3 | |
| 2003/C 304/06 | Judgment of the Court of 21 October 2003 in Joined Cases C-317/01 and C-369/01 (Reference for a preliminary ruling from the Bundessozialgericht): Eran Abatay and Others (C-317/01) Nadi Sahin (C-369/01) v Bundesanstalt für Arbeit (EEC-Turkey Association — Interpretation of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 — Abolition of restrictions on the freedom of movement for workers, on the freedom of establishment and on the freedom to provide services — "Standstill" clauses — Direct effect — Scope — Legislation of a Member State requiring a work permit in the international road haulage sector) | 4 | |
| 2003/C 304/07 | Judgment of the Court (Sixth Chamber) of 23 October 2003 in Case C-408/01 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden): Adidas-Salomon AG, formerly Adidas AG, Adidas Benelux BV v Fitnessworld Trading Ltd (Directive 89/104/EEC — Article 5(2) — Trade marks with a reputation — Protection against use of a sign in relation to identical or similar goods or services — Degree of similarity between the mark and the sign — Effect on the public — Sign viewed as an embellishment) | 5 | |
| 2003/C 304/08 | Judgment of the Court (Fifth Chamber) of 23 October 2003 In Joined Cases C-4/02 and C-5/02 (Reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main): Hilde Schönheit v Stadt Frankfurt am Main and between Silvia Becker v Land Hessen (Social policy — Equal pay for men and women — Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC — Meaning of "pay" — Civil service pension scheme — Calculation of the old-age pension for part-time civil servants — Discriminatory treatment as compared with full-time workers — Indirect discrimination based on sex — Conditions governing justification for objective reasons unrelated to any discrimination on grounds of sex — Protocol concerning Article 119 of the EC Treaty (now Protocol concerning Article 141 EC) — Temporal effects) | 6 | |
| 2003/C 304/09 | Judgment of the Court (Sixth Chamber) of 23 October 2003 in Case C-40/02 (Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich): Margareta Scherndl v Bezirkshauptmannschaft Korneuburg (Directive 90/496/EEC — Nutrition labelling of foodstuffs — Vitamin content — Declared value — Average value — Reference date — Permissible differences between the declared value and the value established in the course of an official check — Proportionality — Legal certainty) | 7 | |
| 2003/C 304/10 | Judgment of the Court (Fifth Chamber) of 23 October 2003 in Case C-109/02: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Sixth VAT Directive — National legislation providing for a reduced rate for musical ensembles and soloists provided the latter organise the concert themselves) | 7 | |
| 2003/C 304/11 | Judgment of the Court (Sixth Chamber) of 23 October 2003 in Case C-115/02 (Reference for a preliminary ruling from the Cour de cassation): Administration des douanes et droits indirects v Rioglass SA, Transremar SL (Free movement of goods — Measures having equivalent effect — Procedures for detention under customs control — Goods in transit intended for the market of a non-member country — Spare parts for motor cars) | 8 | |
| 2003/C 304/12 | Judgment of the Court (Sixth Chamber) of 23 October 2003 in Case C-154/02 (Reference for a preliminary ruling from the Hässleholms tingsrätt): Jan Nilsson (International trade in endangered species of wild fauna and flora — CITES — Regulation (EC) No 338/97 — Articles 2(w) and 8(3) — Notion of "worked specimen" — Stuffed animal — Concept of "specimen acquired more than 50 years previously" — Manner of acquisition — Exemption — Regulation (EC) No 1808/2001 — Articles 29 and 32) | 8 | |
| 2003/C 304/13 | Case C-374/03: Reference for a preliminary ruling by the Verwaltungsgericht Sigmaringen by order of that Court of 31 July 2003 in the administrative law case of Gaye Gürol against Landesamt für Ausbildungsförderung Nordrhein-Westfalen | 9 | |
| 2003/C 304/14 | Case C-401/03: Action brought on 25 September 2003 by the Italian Republic against the Commission of the European Communities | 9 | |
| 2003/C 304/15 | Case C-402/03: Reference for a preliminary ruling by the Vestre Landsret by order of that Court of 26 September 2003 in the case of Skov Æg against Bilka Lavprisvarehus A/S and Bilka Lavprisvarehus A/S against Jette Mikkelsen and Michael Due Nielsen | 10 | |
| 2003/C 304/16 | Case C-403/03: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 22 July 2003 in the case of Egon Schempp against Finanzamt München V | 11 | |
| 2003/C 304/17 | Case C-405/03: Reference for a preliminary ruling by the Gerechtshof te 's-Gravenhage by order of that Court of 28 August 2003 in the proceedings between Class International BV and 1. Colgate-Palmolive Company, 2. Unilever NV, 3. Smithkline Beecham PLC, and 4. Beecham Group PLC | 12 | |
| 2003/C 304/18 | Case C-410/03: Action brought on 1 October 2003 by the Commission of the European Communities against the Italian Republic | 13 | |
| 2003/C 304/19 | Case C-430/03: Action brought on 30 September 2003 by the Italian Republic against the Commission of the European Communities | 13 | |
| 2003/C 304/20 | Case C-431/03: Action brought on 30 September 2003 by the Italian Republic against the Commission of the European Communities | 14 | |
| 2003/C 304/21 | Case C-432/03: Action brought on 10 October 2003 by Commission of the European Communities against Portuguese Republic | 14 | |
| 2003/C 304/22 | Case C-434/03: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 10 October 2003 in the appeal in cassation brought by P. Charles and T.S. Charles-Tijmens against the Inspector of Taxes | 15 | |
| 2003/C 304/23 | Case C-435/03: Reference for a preliminary ruling by the hof van beroep te Antwerpen by interlocutory judgment of that Court of 7 October 2003 in the proceedings between 1. British American Tobacco International Limited, 2. N.V. Newman Shipping & Agency Company, and the Belgian State, Ministry of Finance | 15 | |
| 2003/C 304/24 | Case C-437/03: Action brought on 17 October 2003 by the Commission of the European Communities against the Republic of Austria | 16 | |
| 2003/C 304/25 | Case C-441/03: Action brought on 15 October 2003 by the Commission of the European Communities against the Kingdom of the Netherlands | 17 | |
| 2003/C 304/26 | Reference for a preliminary ruling by the Hoge Raad der Nederlanden by judgment of that Court of 17 October 2003 in the case of Götz Leffler against Berlin Chemie AG, a company incorporated under German law (Case C-443) | 17 | |
| 2003/C 304/27 | Case C-446/03: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court dated 16 July 2003, in the case of Marks & Spencer plc against David Halsey (HM Inspector of Taxes) | 18 | |
| 2003/C 304/28 | Case C-455/03: Action brought on 29 October 2003 (fax 24.10.2003) by the French Republic against the Commission of the European Communities | 19 | |
| 2003/C 304/29 | Case C-460/03: Action brought on 31 October 2003 by the Commission of the European Communities against Ireland | 20 | |
| 2003/C 304/30 | Removal from the register of Case C-379/01 | 20 | |
| 2003/C 304/31 | Removal from the register of Case C-28/02 | 20 | |
| 2003/C 304/32 | Removal from the register of Case C-162/02 | 20 | |
| 2003/C 304/33 | Removal from the register of Case C-231/02 | 20 | |
| 2003/C 304/34 | Removal from the register of Case C-380/02 | 20 | |
| 2003/C 304/35 | Removal from the register of Case C-75/03 | 21 | |
| 2003/C 304/36 | Removal from the register of Case C-200/03 | 21 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 304/37 | Assignment of Judges to Chambers | 22 | |
| 2003/C 304/38 | Designation of the Judge replacing the President of the Court of First Instance in deciding an application for interim measures | 22 | |
| 2003/C 304/39 | Judgment of the Court of First Instance of 30 September 2003 in Case T-158/00 Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD) v Commission of the European Communities (Competition — Concentrations — Admissibility — Pay-TV and digital interactive television services markets — Serious doubts as to compatibility with the common market — Commitments in the course of the first phase of examination — Time-limits — Modification of commitments — Insufficiency of commitments) | 22 | |
| 2003/C 304/40 | Judgment of the Court of First Instance of 30 September 2003 in Case T-17/01: Georgios Rounis v Commission of the European Communities (Officials — Articles 17(2)(a) and (b) of Annex VII to the Staff Regulations — Transfer of a part of remuneration in the currency of a Member State other than the country in which the institution has its seat — Conditions — Loss — Assessment of damages) | 23 | |
| 2003/C 304/41 | Judgment of the Court of First Instance of 30 September 2003 in Case T-26/01: Fiocchi munizioni SpA v Commission of the European Communities (Articles 296 EC and 298 EC — State aid granted to an arms production undertaking — Complaint — Action for declaration of failure to act — Inadmissibility) | 23 | |
| 2003/C 304/42 | Judgment of the Court of First Instance of 30 September 2003 in Case T-196/01: Aristotelio Panepistimio Thessalonikis v Commission of the European Communities (EAGGF — Discontinuation of financial aid — Article 24 of Regulation (EEC) No 4253/88 — Error of assessment — Principle of proportionality — Reasonable period — Statement of reasons) | 24 | |
| 2003/C 304/43 | Judgment of the Court of First Instance of 30 September 2003 in Case T-203/01: Manufacture française des pneumatiques Michelin v Commission of the European Communities (Article 82 EC — System of discounts — Abuse of dominant position) | 24 | |
| 2003/C 304/44 | Judgment of the Court of First Instance of 14 October 2003 in Case T-292/01: Phillips-Van Heusen Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulations (EC) No 40/94 and No 2868/95 — Opposition — Likelihood of confusion — Alteration of a decision of the Board of Appeal — Application for registration of Community word mark BASS — Earlier word mark PASH) | 25 | |
| 2003/C 304/45 | Judgment of the Court of First Instance of 15 October 2003 in Case T-295/01: Nordmilch eG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — OLDENBURGER — Absolute ground for refusal — Descriptive character — Geographical origin — Articles 7(1)(c) and 7(2) — Limitation of the right conferred — Article 12(b) — Statement as to the scope of protection — Article 38(2)) | 25 | |
| 2003/C 304/46 | Judgment of the Court of First Instance of 23 September 2003 in Case T-308/01: Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 and Regulation (EC) No 2868/95 — Opposition procedure — Genuine use of earlier mark — Scope of the examination conducted by the Board of Appeal — Assessment of the evidence produced in the procedure before the Opposition Division) | 26 | |
| 2003/C 304/47 | Judgment of the Court of First Instance of 14 October 2003 in Case T-174/02: Micole Wieme v Commission of the European Communities (Officials — Vacancy notice — Assessment of the candidates' merits — Manifest error of assessment — Abuse of power) | 26 | |
| 2003/C 304/48 | Judgment of the Court of First Instance of 18 September 2003 in Case T-241/02: Daniel Callebaut v Commission of the European Communities (Officials — Article 45 of the Staff Regulations — Promotion — Comparative examination of merits) | 26 | |
| 2003/C 304/49 | Judgment of the Court of First Instance of 30 September 2003 in Joined Cases T-346/02 and T-347/02, Cableuropa SA and others v Commission of the European Communities (Competition — Control of concentrations between undertakings — Regulation (EEC) No 4064/89 — Decision to refer a concentration to the national authorities — Meaning of distinct market) | 27 | |
| 2003/C 304/50 | Order of the Court of First Instance of 17 September 2003 in Case T-310/97: Nederlandse Antillen v Council of the European Union (Association of the overseas countries and territories — Decision 97/803/EC — Action for annulment — Inadmissibility) | 27 | |
| 2003/C 304/51 | Order of the Court of First Instance of 17 September 2003 in Case T-36/98: Aruba v Council of the European Union (Association of the overseas countries and territories — Decision 97/803/EC — Action for annulment — Inadmissibility) | 28 | |
| 2003/C 304/52 | Order of the Court of First Instance of 17 September 2003 in Case T-54/98: Aruba v Commission of the European Communities (Association of the overseas countries and territories — Imports into the Community of sugar originating in Aruba — Regulation (EC) No 2553/97 — Action for annulment — Inadmissibility) | 28 | |
| 2003/C 304/53 | Order of the Court of First Instance of 29 September 2003 in Case T-183/01: Alza Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Amicable settlement — No need to adjudicate) | 29 | |
| 2003/C 304/54 | Order of the Court of First Instance of 30 September 2003 in Case T-182/02: Uni-Pharma Kleon Tsetis Farmakeftika Ergastiria Anonimos Viomichaniki kai Emporiki Eteria against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Amicable settlement — Not necessary to give judgment) | 29 | |
| 2003/C 304/55 | Order of the Court of First Instance of 29 September 2003 in Case T-354/02: Bristol-Myers Squibb International Corporation v Commission of the European Communities (Action for annulment — Withdrawal of the contested measure — No need to adjudicate) | 30 | |
| 2003/C 304/56 | Case T-317/03: Action brought on 15 September 2003 by Volkswagen AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 30 | |
| 2003/C 304/57 | Case T-318/03: Action brought on 15 September 2003 by ATOMIC Austria GmbH against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) | 31 | |
| 2003/C 304/58 | Case T-342/03: Action brought on 3 October 2003 by El Corte Inglés S.A. against the Office for Harmonisation in the Internal Market (OHIM) | 31 | |
| 2003/C 304/59 | Case T-344/03: Action brought on 2 October 2003 by SAIWA S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 32 | |
| 2003/C 304/60 | Case T-360/03: Action brought on 30 October 2003 by Frischpack GmbH & Co KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 32 | |
| 2003/C 304/61 | Case T-362/03: Action brought on 31 October 2003 by Antonio Milano against the Commission of the European Communities | 33 | |
| 2003/C 304/62 | Case T-363/03: Action brought on 22 October 2003 by the region of Sicily against the Commission of the European Communities | 34 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 304/63 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 289, 29.11.2003 | 35 | |
| Official Journal of the European Communities C 289 | |||
| EN | |||