EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Need more search options? Use the
Advanced search
You are here
Document C:2003:044:TOC
Official Journal of the European Union, C 44, 22 February 2003
Official Journal of the European Union, C 44, 22 February 2003
Official Journal of the European Union, C 44, 22 February 2003
Display all documents published in this Official Journal
Language
PDF
| Official Journal of the European Union | ISSN
1725-2423 C 44 Volume 46 22 February 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 44/01 | Judgment of the Court of 7 January 2003 in Case C-306/99 (Reference for a preliminary ruling from the Finanzgericht Hamburg): Banque internationale pour l'Afrique occidentale SA (BIAO) v Finanzamt für Großunternehmen in Hamburg (Fourth Directive 78/660/EEC — Annual accounts of certain types of companies — Jurisdiction of the Court to interpret Community law in a context where it is not directly applicable — Provisions for risk under a loan guarantee — Taking into account of the individual situation of the debtor and of its State of establishment — Date on which the risk may or must be evaluated and entered on the balance sheet) | 1 | |
| 2003/C 44/02 | Judgment of the Court (Sixth Chamber) of 16 January 2003 in Case C-398/99 (Reference for a preliminary ruling from the VAT and Duties Tribunal, Manchester): Yorkshire Co-operatives Ltd v Commissioners of Customs & Excise (Sixth VAT Directive — Reduction coupons issued by a manufacturer — Taxable amount in the hands of the retailer) | 2 | |
| 2003/C 44/03 | Judgment of the Court (Sixth Chamber) of 16 January 2003 in Case C-12/00: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil obligations — Free movement of goods — Directive 73/241/EEC — Cocoa and chocolate products containing fats other than cocoa butter — Products lawfully manufactured and marketed in the Member State of production under the sales name "chocolate" — Prohibition on marketing under that name in the Member State of marketing) | 2 | |
| 2003/C 44/04 | Judgment of the Court (Sixth Chamber) of 16 January 2003 in Case C-14/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Free movement of goods — Directive 73/241/EEC — Cocoa and chocolate products containing fats other than cocoa butter — Products lawfully manufactured and marketed in the Member State of production under the sales name "chocolate" — Prohibition on marketing under that name in the Member State of marketing— Requirement to use the name "chocolate substitute") | 3 | |
| 2003/C 44/05 | Judgment of the Court (Fifth Chamber) of 9 January 2003 in Case C-76/00 P: Petrotub SA and Republica SA (Appeal — Protection against dumping — Determination of the dumping margin — Choice of the "asymmetrical" calculation method — Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT — Statement of reasons — Determination of normal value — Taking into account of sales made using compensation — Statement of reasons) | 3 | |
| 2003/C 44/06 | Judgment of the Court (Sixth Chamber) of 9 January 2003 in Case C-157/00: Hellenic Republic v Commission of the European Communities (EAGGF — Clearance of accounts — 1996 to 1998 — Export refunds — Fruit and vegetables) | 4 | |
| 2003/C 44/07 | Judgment of the Court of Justice (Fifth Chamber) of 9 January 2003 in Case C-177/00: Italian Republic v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 to 1998 financial years — Export refunds — Olive oil — Sale of intervention alcohol) | 4 | |
| 2003/C 44/08 | Judgment of the Court of Justice (Fifth Chamber) of 9 January 2003 in Case C-178/00: Italian Republic v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 financial year — Cereals — Durum wheat — Soft wheat, barley and corn) | 5 | |
| 2003/C 44/09 | Judgment of the Court (Fifth Chamber) of 9 January 2003 in Case C-257/00 (Reference for a preliminary ruling from the l'Immigration Appeal Tribunal): Nani Givane and Others v Secretary of State for the Home Department (Freedom of movement for workers — Regulation (EEC) No 1251/70 — Right of workers to remain in the territory of a Member State after having been employed in that State — Right of residence of members of the family of a deceased worker — Requirement of the worker's continuous residence for at least two years) | 5 | |
| 2003/C 44/10 | Judgment of the Court (Sixth Chamber) of 9 January 2003 in Case C-292/00 (Reference for a preliminary ruling from the Bundesgerichtshof): Davidoff & Cie SA, Zino Davidoff SA v Gofkid Ltd (Directive 89/104/EEC — Articles 4(4)(a) and 5(2) — Well-known trade marks — Protection against use of a sign in respect of identical or similar products or services) | 6 | |
| 2003/C 44/11 | Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-315/00 (Reference for a preliminary ruling from the Bundesfinanzhof): Rudolf Maierhofer v Finanzamt Augsburg-Land (Sixth VAT Directive — Exemptions — Letting of immovable property — Prefabricated building which can be dismantled and reassembled) | 6 | |
| 2003/C 44/12 | Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-422/00 (Reference for a preliminary ruling from the VAT and Duties Tribunal, London): Capespan International plc v Commissioners of Customs & Excise (Community Customs Code — Fruit and vegetables — Calculation of customs value) | 7 | |
| 2003/C 44/13 | Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-205/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 86/609/EEC — Protection of animals used for experimental and other scientific purposes — Incomplete transposition) | 7 | |
| 2003/C 44/14 | Judgment of the Court of Justice (Sixth Chamber) of 16 January 2003 in Case C-265/01 (reference for a preliminary ruling from the Tribunal de grande instance de Dinan): Annie Pansard and Others (Origin of fishery products — Article 28 EC — National law periodically prohibiting the landing of certain fishery products — Competence of the Member States) | 8 | |
| 2003/C 44/15 | Judgment of the Court (Sixth Chamber) of 16 January 2003 in Case C-388/01: Commission of the European Communities v Italian Republic (Failure to fulfil obligations — Free movement of services — Non-discrimination — Articles 12 EC and 49 EC — Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments — Preferential rates granted by local or decentralised State authorities) | 8 | |
| 2003/C 44/16 | Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-439/01 (Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich): Libor Cipra Vlastimil Kvasnicka v Bezirkshauptmannschaft Mistelbach (Road transport — Social legislation — Regulation (EEC) No 3820/85 — Breaks and rest periods — Crew consisting of more than one driver — Jurisdiction of the Court to interpret the AETR Agreement — Principle of legal certainty) | 9 | |
| 2003/C 44/17 | Judgment of the Court (Fifth Chamber) of 16 January 2003 in Case C-462/01 (Reference for a preliminary ruling from the Halmstads tingsrätt): Ulf Hammarsten (Common organisation of the markets in the flax and hemp sector — Articles 28 EC and 30 EC — National legislation prohibiting all cultivation and possession of hemp without prior authorisation) | 9 | |
| 2003/C 44/18 | Judgment of the Court (First Chamber) of 16 January 2003 in Case C-29/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 98/83/EC) | 10 | |
| 2003/C 44/19 | Judgment of the Court (First Chamber) of 16 January 2003 in Case C-63/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland Failure of a Member State to fulfil its obligations — Failure to implement Directive 98/83/EC) | 10 | |
| 2003/C 44/20 | Judgment of the Court (First Chamber) of 16 January 2003 in Case C-122/02: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 98/83/EC) | 11 | |
| 2003/C 44/21 | Order of the Court (Sixth Chamber) of 21 November 2002 in Case C-360/01: Italian Republic v Commission of the European Communities and Council of the European Union (Sugar — Pricing system — Marketing year 2001/2002 — Regionalisation — Non-deficit areas — Classification of Italy — Validity of Regulations (EC) Nos 1263/2001 and 1260/2001 — Action for annulment — Manifestly inadmissible in part) | 11 | |
| 2003/C 44/22 | Case C-374/02: Action brought on 16 October 2002 by the Commission of the European Communities against the Italian Republic | 12 | |
| 2003/C 44/23 | Case C-434/02: Reference for a preliminary ruling by the Verwaltungsgericht Minden by order of that Court of 14 November 2002 in the administrative judicial proceedings between Arnold André GmbH & Co. KG and the Landrat of the Herford Local Authority | 12 | |
| 2003/C 44/24 | Case C-435/02: Reference for a preliminary ruling by the Landgericht Essen by order of that Court of 25 November 2002 in proceedings relating to the commercial register between Axel Springer AG and Zeitungsverlag Niederrhein GmbH & Co. Essen KG | 12 | |
| 2003/C 44/25 | Case C-455/02 P: Appeal brought on 13 December 2002 by Sgaravatti Mediterranea S.r.l. against the judgment delivered on 26 September 2002 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-199/99 between Sgaravatti Mediterranea S.r.l and the Commission of the European Communities | 13 | |
| 2003/C 44/26 | Case C-456/02: Reference for a preliminary ruling by the Tribunal du Travail de Bruxelles by judgment of that Court of 21 November 2002 in the proceedings between Michel Trojani and Le Centre Public d'Aide Sociale de Bruxelles | 13 | |
| 2003/C 44/27 | Case C-459/02: Reference for a preliminary ruling by the Cour de cassation du Grand-duché de Luxembourg by judgment of that Court of 14 November 2002 in the case of 1. Willy Gerekens and 2. Association agricole PROCOLA against State of the Grand Duchy of Luxembourg | 14 | |
| 2003/C 44/28 | Case C-461/02: Action brought on 20 December 2002 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 15 | |
| 2003/C 44/29 | Case C-464/02: Action brought on 23 December 2002 by the Commission of the European Communities against the Kingdom of Denmark | 15 | |
| 2003/C 44/30 | Case C-469/02: Action brought on 23 December 2002 by the Commission of the European Communities against the Kingdom of Belgium | 16 | |
| 2003/C 44/31 | Case C-472/02: Reference for a preliminary ruling by the Cour d'appel de Bruxelles by judgment of that Court of 20 December 2002 in the case of Siomab against Institut Bruxellois pour la Gestion de l'Environnement ("IBGE") | 17 | |
| 2003/C 44/32 | Case C-1/03: Reference for a preliminary ruling by the Cour d'Appel de Bruxelles, 11e Chambre, by judgment of that Court of 3 December 2002 in the case of Ministère public and the civil party: La Région de Bruxelles-Capitale against 1. Paul Van de Walle, 2. Daniel Laurent, 3. Thierry Mersch and the civil defendant: SA Texaco Belgium | 18 | |
| 2003/C 44/33 | Case C-8/03: Reference for a preliminary ruling by the Tribunal de Première Instance de Bruxelles by order of that Court of 24 December 2002 in the case of Banque Bruxelles Lambert S.A. ("BBL") against the Belgian State, Minister of Finance, Department of administration of value added tax, registration and public property | 18 | |
| 2003/C 44/34 | Case C-10/03: Action brought on 10 January 2003 by Commission of the European Communities against Republic of Finland | 19 | |
| 2003/C 44/35 | Case C-14/03: Action brought on 13 January 2003 by the Commission of the European Communities against the Republic of Austria | 19 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 44/36 | Judgment of the Court of First Instance of 5 December 2002 in Case T-119/99: Paul Edwin Hoyer v Commission of the European Communities (Temporary agents — Execution of a judgment of the Court of First Instance — Recommencement of internal competition COM/LA/2/89 — Omission from the list of suitable candidates) | 21 | |
| 2003/C 44/37 | Judgment of the Court of First Instance of 5 December 2002 in Case T-209/99: Paul Edwin Hoyer v Commission of the European Communities (Temporary agents — Execution of a judgment of the Court of First Instance — Action for damages — Admissibility) | 21 | |
| 2003/C 44/38 | Judgment of the Court of First Instance of 5 December 2002 in Case T-70/00: Paul Edwin Hoyer v Commission of the European Communities (Temporary agents — Execution of a judgment of the Court of First Instance — Dismissal) | 22 | |
| 2003/C 44/39 | Judgment of the Court of First Instance of 5 December 2002 in Case T-114/00: Aktionsgemeinschaft Recht und Eigentum eV v Commission of the European Communities (State aid — Scheme for the acquisition of agricultural and forestry land in the former German Democratic Republic — Failure to initiate the formal review procedure provided for in Article 88(2) EC — System of aid — Action for annulment — Association — Admissibility) | 22 | |
| 2003/C 44/40 | Judgment of the Court of First Instance of 10 December 2002 in Case T-123/00: Dr. Karl Thomae GmbH v Commission of the European Communities (Medicinal products for human use — Regulation (EEC) No 2309/93 — Community marketing authorisation — Regulation (EC) No 542/95 — Variation of the terms of the authorisation — Name and package layout of the medicinal product) | 22 | |
| 2003/C 44/41 | Judgment of the Court of First Instance of 12 December 2002 in Case T-135/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages) | 23 | |
| 2003/C 44/42 | Judgment of the Court of First Instance of 12 December 2002 in Case T-136/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages) | 23 | |
| 2003/C 44/43 | Judgment of the Court of First Instance of 12 December 2002 in Case T-164/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages) | 24 | |
| 2003/C 44/44 | Judgment of the Court of First Instance of 12 December 2002 in Case T-181/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages) | 24 | |
| 2003/C 44/45 | Judgment of the Court of First Instance of 5 December 2002 in Case T-249/00: Paul Edwin Hoyer v Commission of the European Communities (Members of the temporary staff — Termination of contract — Calculation of notice — Leave not taken) | 25 | |
| 2003/C 44/46 | Judgment of the Court of First Instance of 12 December 2002 in Joined Cases T-338/00 and T-376/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages) | 25 | |
| 2003/C 44/47 | Judgment of the Court of First Instance of 12 December 2002 in Case T-378/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages) | 25 | |
| 2003/C 44/48 | Judgment of the Court of First Instance of 12 December 2002 in Case T-39/01: Kabushiki Kaisha Fernandes v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier word mark HIWATT — Application for Community word mark HIWATT — Proof of genuine use of earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule 22 of Regulation (EC) No 2868/95) | 26 | |
| 2003/C 44/49 | Judgment of the Court of First Instance of 28 November 2002 in Case T-40/01: Scan Office Design SA v Commission of the European Communities (Public procurement — Supply of office furniture — Actions for damages) | 26 | |
| 2003/C 44/50 | Judgment of the Court of First Instance of 12 December 2002 in Case T-63/01: The Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Soap bar shape — Compliance with a judgment of the Court of First Instance — Rights of defence — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94) | 27 | |
| 2003/C 44/51 | Judgment of the Court of First Instance of 5 December 2002 in Case T-91/01: BioID AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark containing the abbreviation BioID — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94) | 27 | |
| 2003/C 44/52 | Judgment of the Court of First Instance of 5 December 2002 in Case T-130/01: Sykes Enterprises, Incorp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — REAL PEOPLE, REAL SOLUTIONS — Absolute ground for refusal — Distinctive character — Article (7)(1)(b) of Regulation No 40/94) | 27 | |
| 2003/C 44/53 | Judgment of the Court of First Instance of 12 December 2002 in Case T-247/01: eCopy Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — ECOPY — Misuse of powers — Distinctiveness acquired through use after the date of filing — Article 7(3) of Regulation (EC) No 40/94) | 28 | |
| 2003/C 44/54 | Judgment of the Court of First Instance of 5 December 2002 in Case T-277/01: Romuald Stevens v Commission of the European Communities (Officials — Disciplinary proceedings — Criminal conviction — Removal from post with no loss of pension rights — Hearing provided for by the third paragraph of Article 7 of Annex IX to the Staff Regulations) | 28 | |
| 2003/C 44/55 | Judgment of the Court of First Instance of 28 November 2002 in Case T-332/01: José Maria Pujals Gomis v Commission of the European Communities (Officials — Open competition — Application rejected after written tests) | 28 | |
| 2003/C 44/56 | Order of the Court of First Instance of 4 November 2002 in Case T-90/99: Salzgitter AG v Commission of the European Communities (ECSC — State aid — Decision to initiate the procedure provided for in Article 6(5) of Decision 2496/96/ECSC — No need to adjudicate) | 29 | |
| 2003/C 44/57 | Order of the Court of First Instance of 18 November 2002 in Case T-190/99 DEP: Sniace SA v Commission of the European Communities (Taxation of costs) | 29 | |
| 2003/C 44/58 | Order of the Court of First Instance of 27 November 2002 in Case T-291/01: Dessauer Versorgungs- und Verkehrsgesellschaft mbH and Others v Commission of the European Communities (Actions for failure to act — Action devoid of purpose — No need to give judgment — Payment of costs) | 29 | |
| 2003/C 44/59 | Order of the President of the Court of First Instance of 6 December 2002 in Case T-275/02 R: D v European Investment Bank (Procedure for interim relief — Extension of probationary period — Admissibility of the main action — Urgency — None) | 30 | |
| 2003/C 44/60 | Case T-353/02: Action brought on 18 November 2002 by Duarte y Beltrán S.A. against the Office for Harmonisation in the Internal Market (OHIM) | 30 | |
| 2003/C 44/61 | Case T-354/02: Action brought on 25 November 2002 by Bristol-Myers Squibb International Corporation against the Commission of the European Communities | 31 | |
| 2003/C 44/62 | Case T-358/02: Action brought on 5 December 2002 by Deutsche Post AG and DHL International S.r.l. against the Commission of the European Communities | 32 | |
| 2003/C 44/63 | Case T-361/02: Action brought on 5 December 2002 by Deutsche Bahn AG against the Commission of the European Communities | 33 | |
| 2003/C 44/64 | Case T-362/02: Action brought on 5 December 2002 by Muswellbrook Limited against the Office for Harmonisation in the Internal Market (OHIM) | 33 | |
| 2003/C 44/65 | Case T-363/02: Action brought on 5 December 2002 by Muswellbrook Limited against the Office for Harmonisation in the Internal Market (OHIM) | 34 | |
| 2003/C 44/66 | Case T-364/02: Action brought on 5 December 2002 by Muswellbrook Limited against the Office for Harmonisation in the Internal Market (OHIM) | 34 | |
| 2003/C 44/67 | Case T-365/02: Action brought on 5 December 2002 by Muswellbrook Limited against the Office for Harmonisation in the Internal Market (OHIM) | 35 | |
| 2003/C 44/68 | Case T-366/02: Action brought on 5 December 2002 by Muswellbrook Limited against the Office for Harmonisation in the Internal Market (OHIM) | 36 | |
| 2003/C 44/69 | Case T-371/02: Action brought on 10 December 2002 by Bernard Barbé against the European Parliament | 36 | |
| 2003/C 44/70 | Case T-375/02: Action brought on 17 December 2002 by Alessandro Cavallaro against the Commission of the European Communities | 37 | |
| 2003/C 44/71 | Case T-376/02: Action brought on 9 December 2002 by "O" against the Commission of the European Communities | 37 | |
| 2003/C 44/72 | Case T-377/02: Action brought on 17 December 2002 by "P" against the Commission of the European Communities | 38 | |
| 2003/C 44/73 | Case T-379/02: Action brought on 18 December 2002 by Antonio Andolfi against the Commission of the European Communities | 38 | |
| 2003/C 44/74 | Case T-383/02: Action brought on 13 December 2002 by G.D. Searle LLC against the Office for Harmonization in the Internal Market | 39 | |
| 2003/C 44/75 | Case T-385/02: Action brought on 19 December 2002 by Marta Andreasen against the Commission of the European Communities | 40 | |
| 2003/C 44/76 | Case T-388/02: Action brought on 23 December 2002 by Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG against the Commission of the European Communities | 40 | |
| 2003/C 44/77 | Case T-389/02: Action brought on 24 December 2002 by Sergio Sandini against the Court of Justice of the European Communities | 41 | |
| 2003/C 44/78 | Case T-390/02: Action brought on 24 December 2002 by Antonio Cagnato against the Court of Justice of the European Communities | 42 | |
| 2003/C 44/79 | Case T-391/02: Action brought on 24 December 2002 by the Bundesverband der Nahrungsmittel- und Speiseresteverwertung e.V. and Josef Kloh against the European Parliament and the Council of the European Union | 42 | |
| 2003/C 44/80 | Case T-398/02: Action brought on 30 December 2002 by Linea Gig S.r.l. (in liquidation) against the Commission of the European Communities | 43 | |
| 2003/C 44/81 | Case T-399/02: Action brought on 31 December 2002 by Eurocermex S.A. against the Office for Harmonisation in the Internal Market | 44 | |
| 2003/C 44/82 | Removal from the register of case T-201/94 | 45 | |
| 2003/C 44/83 | Removal from the register of Case T-262/01 | 45 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 44/84 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 31, 8.2.2003 | 46 | |
| Official Journal of the European Communities C 031 | |||
| EN | |||