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Document C:2003:135:TOC
Official Journal of the European Union, C 135, 07 June 2003
Official Journal of the European Union, C 135, 07 June 2003
Official Journal of the European Union, C 135, 07 June 2003
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| Official Journal of the European Union | ISSN
1725-2423 C 135 Volume 46 7 June 2003 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2003/C 135/01 | Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-167/99: European Parliament v Société d'aménagement et d'équipement de la Région de Strasbourg (SERS) and Ville de Strasbourg (Arbitration clause — Late performance of a contract — Penalties for delay — Interim interest) | 1 | |
| 2003/C 135/02 | Judgment of the Court of 8 April 2003 in Case C-244/00 (Reference for a preliminary ruling from the Bundesgerichtshof): Van Doren + Q.GmbH v Lifestyle sports + sportswear Handelsgesellschaft mbH, Michael Orth (Trade marks — Directive 89/104/EEC — Article 7(1) — Exhaustion of the right conferred by the trade mark — Evidence — Place where the goods are first placed on the market by the trade mark proprietor or with his consent — Consent of the trade mark proprietor to placing on the market in the EEA) | 2 | |
| 2003/C 135/03 | Judgment of the Court (Fifth Chamber) of 10 April 2003 in Case C-305/00 (Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main): Christian Schulin v Saatgut-Treuhandverwaltungsgesellschaft mbH (Plant varieties — System of protection — Article 14(3) of Regulation (EC) No 2100/94 and Article 8 of Regulation (EC) No 1768/95 — Use by farmers of the product of the harvest — Obligation to provide information to the holder of the Community right) | 2 | |
| 2003/C 135/04 | Judgment of the Court (Fifth Chamber) of 10 April 2003 in Case C-437/00 (Reference for a preliminary ruling from the Landesarbeitsgericht München): Giulia Pugliese v Finmeccanica SpA, Alenia Aerospazio Division (Brussels Convention — Article 5(1) — Court for the place of performance of the contractual obligation — Contract of employment — Place where the employee habitually carries out his work — First contract fixing the place of performance of the work in one Contracting State — Second contract concluded with reference to the first contract and under which the employee carries out his work in another Contracting State — First contract suspended during the performance of the second) | 3 | |
| 2003/C 135/05 | Judgment of the Court of 8 April 2003 in Case C-44/01 (Reference for a preliminary ruling from the Oberster Gerichtshof): Pippig Augenoptik GmbH & Co. KG v Hartlauer Handelsgesellschaft mbH, Verlassenschaft nach dem verstorbenen Franz Josef Hartlauer (Approximation of laws — Directives 84/450/EEC and 97/55/EC — Misleading advertising — Conditions for comparative advertising to be lawful) | 4 | |
| 2003/C 135/06 | Judgment of the Court of 8 April 2003 in Joined Cases C-53/01, C-54/01 and C-55/01 (Reference for a preliminary ruling from the Bundesgerichtshof): Linde AG (C-53/01), Winward Industries Inc. (C-54/01), and v Rado Uhren AG (C-55/01) (Approximation of laws — Trade marks — Directive 89/104/EEC — Grounds for refusal to register — Article 3(1)(b), (c) and (e) — Three-dimensional shape of product mark — Distinctive character — Preserving the availability of certain signs in the public interest) | 4 | |
| 2003/C 135/07 | Judgment of the Court (Sixth Chamber) of 10 April 2003 in Case C-65/01: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 89/655/EEC — Incomplete transposition) | 5 | |
| 2003/C 135/08 | Judgment of the Court (Fifth Chamber) of 10 April 2003 in Case C-276/01 (Reference for a preliminary ruling from the Amtsgericht Schleswig): Joachim Steffensen (Directive 89/397/EEC — Official control of foodstuffs — Second subparagraph of Article 7(1) — Analysis of samples — Right to a second opinion — Direct effect — Admissibility of the results of analyses as evidence in the event of an infringement of the right to a second opinion) | 6 | |
| 2003/C 135/09 | Judgment of the Court (First Chamber) of 10 April 2003 in Case C-114/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 98/8/EC — Failure to transpose within the prescribed period) | 6 | |
| 2003/C 135/10 | Order of the Court (Fourth Chamber) of 6 February 2003 in Case C-492/01 P: Dieckmann & Hansen GmbH v Commission of the European Communities (Commission Decision 1999/244/EC of 26 March 1999 amending Decision 97/296/EC drawing up the list of third countries from which the import of fishery products is authorised for human consumption — Prohibition on the importation of caviar from Kazakhstan — Non-contractual liability of the Community — Appeal partly manifestly inadmissible and partly unfounded) | 7 | |
| 2003/C 135/11 | Case C-87/03: Action brought on 27 February 2003 by the Kingdom of Spain against the Council of the European Union | 7 | |
| 2003/C 135/12 | Case C-90/03: Action brought on 28 February 2003 by the Kingdom of Spain against the Council of the European Union | 8 | |
| 2003/C 135/13 | Case C-91/03: Action brought on 28 February 2003 by the Kingdom of Spain against the Council of the European Union | 9 | |
| 2003/C 135/14 | Case C-100/03: Action brought on 4 March 2003 by the Kingdom of Spain against the Council of the European Union | 9 | |
| 2003/C 135/15 | Case C-121/03: Action brought on 19 March 2003 by the Commission of the European Communities against the Kingdom of Spain | 10 | |
| 2003/C 135/16 | Case C-132/03: Reference for a preliminary ruling by the Consiglio di Stato, Sezione Quarta by decision and order of that Court of 28 January 2003 in the case of Ministry of Health against Codacons and Federconsumatori, and concerning Lega delle Cooperative | 12 | |
| 2003/C 135/17 | Case C-133/03: Reference for a preliminary ruling by the Tribunale Ordinario di Torino — Sezione del giudice per le indagini preliminari by order of that Court of 25 February 2003 in the criminal proceedings against Alessandro Nizza and Giacomo Pizzi | 12 | |
| 2003/C 135/18 | Case C-136/03: Reference for a preliminary ruling by the Verwaltungsgerichtshof by order of that Court of 18 March 2003 in the joint appeals lodged by (1) Georg Dörr and by (2) Ibrahim Ünal | 13 | |
| 2003/C 135/19 | Case C-138/03: Action brought on 27 March 2003 by Italian Republic against Commission of the European Communities | 13 | |
| 2003/C 135/20 | Case C-140/03: Action brought on 27 March 2003 by the Commission of the European Communities against the Hellenic Republic | 14 | |
| 2003/C 135/21 | Case C-143/03: Action brought on 28 March 2003 by the Commission of the European Communities against the Italian Republic | 15 | |
| 2003/C 135/22 | Case C-149/03: Action brought on 1 April 2003 by the Commission of the European Communities against the Kingdom of Belgium | 15 | |
| 2003/C 135/23 | Case C-157/03: Action brought on 7 April 2003 by the Commission of the European Communities against the Kingdom of Spain | 16 | |
| 2003/C 135/24 | Case C-158/03: Action brought on 7 April 2003 by the Commission of the European Communities against the Kingdom of Spain | 17 | |
| 2003/C 135/25 | Case C-159/03 P: Appeal brought on 7 April 2003 by Jan Pflugradt against the order of the Court of First Instance of the European Communities (Fifth Chamber) of 11 February 2003 in Case T-83/02, Jan Pflugradt v European Central Bank | 17 | |
| 2003/C 135/26 | Case C-161/03: Reference for a preliminary ruling by the Commission de Conciliation et d'Expertise Douaniere (France) by decision of that Court of 18 March 2003 in the case of Customs against CAFOM and SAMSUNG Electronics France | 18 | |
| 2003/C 135/27 | Case C-162/03: Reference for a preliminary ruling by the Tribunale Ordinario di Milano by order of that Court of 21 February 2003 in the case of Azienda Agricola (farm) owned by Andrea Balconi (ex Guido) against Region of Lombardy and AGEA (Agency for Agricultural subsidies) | 19 | |
| 2003/C 135/28 | Case C-163/03: Action brought on 8 April 2003 by the Commission of the European Communities against the Hellenic Republic | 19 | |
| 2003/C 135/29 | Case C-166/03: Action brought on 10 April 2003 by the Commission of the European Communities against the French Republic | 19 | |
| 2003/C 135/30 | Case C-168/03: Action brought on 11 April 2003 by the Commission of the European Communities against the Kingdom of Spain | 20 | |
| 2003/C 135/31 | Case C-176/03: Action brought on 15 April 2003 by the Commission of the European Communities against the Council of the European Union | 21 | |
| 2003/C 135/32 | Case C-182/03: Action brought on 28 April 2003 by the Kingdom of Belgium against the Commission of the European Communities | 21 | |
| COURT OF FIRST INSTANCE | |||
| 2003/C 135/33 | Judgment of the Court of First Instance of 27 March 2003 in Case T-33/00: Natalia Martínez Páramo and Others v Commission of the European Communities (Officials — Competition — Selection board — Decision of the selection board not admitting candidate to oral tests — Scope of obligation to provide reasons — Scope of judicial review — Requests for reexamination of marking — Compliance with rules governing the work of selection boards — Manifest error) | 23 | |
| 2003/C 135/34 | Judgment of the Court of First Instance of 10 April 2003 in Joined Cases T-93/00 and T-46/01: Alessandrini Srl and Others v Commission of the European Communities (Bananas — Third-country imports — Regulation (EC) No 2362/98 — Import licences for bananas from ACP countries — Measures under Article 20(d) of Regulation (EEC) No 404/93 — Action for annulment — Action for compensation) | 23 | |
| 2003/C 135/35 | Judgment of the Court of First Instance of 10 April 2003 in Case T-195/00: Travelex Global and Financial Services Ltd and Interpayment Services Ltd v Commission of the European Communities (Non-contractual liability — Directive 89/104/EEC — Trade marks — Official euro symbol) | 24 | |
| 2003/C 135/36 | Judgment of the Court of First Instance of 3 April 2003 in Case T-342/00: Petrolessence SA and Société de gestion de restauration routière SA (SG2R) v Commission of the European Communities (Competition — Regulation (EEC) No 4064/89 — Decision declaring a merger compatible with the common market — Petroleum sector — Commitments — Decision refusing approval of transferees — Inadmissibility — Definitive binding act — Infringement of essential procedural requirements — Procedural time-limits for reply — Error of assessment) | 24 | |
| 2003/C 135/37 | Judgment of the Court of First Instance of 10 April 2003 in Case T-353/00: Jean-Marie Le Pen v European Parliament (Act of the Parliament — Disqualification of a Member of the European Parliament from holding office — Application of national law — Action for annulment — Challengeable act — Inadmissibility) | 25 | |
| 2003/C 135/38 | Judgment of the Court of First Instance of 10 April 2003 in Case T-366/00: Scott SA v Commission of the European Communities (Action for annulment — State aid — Regulation (EC) No 659/1999 — Article 15 — Limitation period — Recovery of aid — Act interrupting the limitation period) | 25 | |
| 2003/C 135/39 | Judgment of the Court of First Instance of 10 April 2003 in Case T-369/00, Département du Loiret v Commission of the European Communities (Action for annulment — State aid — Regulation (EC) No 659/1999 — Article 15 — Limitation period — Recovery of aid — Act interrupting the limitation period) | 26 | |
| 2003/C 135/40 | Judgment of the Court of First Instance of 3 April 2003 In Joined Cases T-44/01, T-119/01 and T-126/01: Eduardo Vieira, SA and Others v Commission of the European Communities (Fisheries — Fisheries agreement with Argentina — Community financial aid — Reduction — Actions for annulment — Actions for damages) | 26 | |
| 2003/C 135/41 | Judgment of the Court of First Instance of 9 April 2003 in Case T-155/01: Robert Walton v Commission of the European Communities (Temporary staff — Dismissal for unsatisfactory performance of duties — Action for annulment and for compensation for dismissal) | 27 | |
| 2003/C 135/42 | Judgment of the Court of First Instance of 9 April 2003 in Case T-224/01: Durferrit GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier word mark TUFFTRIDE — Application for Community word mark NU-TRIDE — Likelihood of confusion — Likelihood of association — Trade marks which are contrary to public policy or to accepted principles of morality — Article 7(1)(f) and Article 8(1)(b) of Council Regulation (EC) No 40/94) | 27 | |
| 2003/C 135/43 | Judgment of the Court of First Instance of 3 April 2003 in Case T-114/02: Babyliss SA v Commission of the European Communities (Competition — Concentrations — Regulation (EEC) No 4064/89 — Action brought by a third party — Admissibility — Phase one undertakings — Trade mark licence — Amendments to undertakings — Time-limits — Financial assistance provided by the State — Derisory trade-in price — Serious doubts concerning the compatibility of the concentration with the common market — Absence of undertaking with regard to markets posing serious competition problems) | 27 | |
| 2003/C 135/44 | Judgment of the Court of First Instance of 9 April 2003 in Case T-134/02: Miguel Tejada Fernández v Commission of the European Communities (Officials — Promotion — Consideration of comparative merits — Action for annulment) | 28 | |
| 2003/C 135/45 | Order of the Court of First Instance of 1 April 2003 in Case T-11/01: Catherine Mascetti v Commission of the European Communities (Contract as a member of the temporary staff — Admissibility — Act adversely affecting an official — Compliance with time-limits under the Staff Regulations — Second renewal of a contract as a member of the temporary staff — Articles 2(d), 8 and 47 of the CEOS) | 28 | |
| 2003/C 135/46 | Order of the Court of First Instance of 1 April 2003 in Case T-12/01: Cristina Ascatigno Battistella v Commission of the European Communities (Contract as a member of the temporary staff — Admissibility — Act adversely affecting an official — Compliance with time-limits under the Staff Regulations — Second renewal of a contract as a member of the temporary staff — Articles 2(d), 8 and 47 of the CEOS) | 29 | |
| 2003/C 135/47 | Order of the Court of First Instance of 1 April 2003 in Case T-13/01: Daniele Riva v Commission of the European Communities (Contract as a member of the temporary staff — Admissibility — Act adversely affecting an official — Compliance with time-limits under the Staff Regulations — Second renewal of a contract as a member of the temporary staff — Articles 2(d), 8 and 47 of the CEOS) | 29 | |
| 2003/C 135/48 | Order of the Court of First Instance of 1 April 2003 in Case T-14/01: Fiorenzo Rizzello v Commission of the European Communities (Contract as a member of the temporary staff — Admissibility — Act adversely affecting an official — Compliance with time-limits under the Staff Regulations — Second renewal of a contract as a member of the temporary staff — Articles 2(d), 8 and 47 of the CEOS) | 30 | |
| 2003/C 135/49 | Order of the Court of First Instance of 1 April 2003 in Case T-15/01: Stefano Benini v Commission of the European Communities (Contract as a member of the temporary staff — Admissibility — Act adversely affecting an official — Compliance with time-limits under the Staff Regulations — Second renewal of a contract as a member of the temporary staff — Articles 2(d), 8 and 47 of the CEOS) | 30 | |
| 2003/C 135/50 | Order of the Court of First Instance of 10 March 2003 in Case T-303/01: Ayuntamiento de Osera de Ebro v Commission of the European Communities (Project for the construction of the Madrid-Barcelona-French border high-speed line — Financial assistance from the Cohesion Fund — Expected impact of the route on the environs of the Soto de Aguilar protected area — Commission refusal to initiate proceedings for failure to fulfil obligations — Action for annulment — Natural and legal persons — Act directly affecting them — Inadmissibility) | 31 | |
| 2003/C 135/51 | Order of the President of the Court of First Instance of 26 March 2003 in Case T-85/03 R: Government of the Cayman Islands v Commission of the European Communities (Procedure for interim relief — Overseas countries and territories — Request for establishment of a partnership working party — Alleged decision to refuse — Partial inadmissibility of heads of relief sought — Admissibility of main action — Urgency — Absence) | 31 | |
| 2003/C 135/52 | Case T-33/03: Action brought on 4 February 2003 by Osotspa Co., Ltd. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 31 | |
| 2003/C 135/53 | Case T-101/03: Action brought on 14 March 2003 by Suproco N.V. against the Commission of the European Communities | 32 | |
| 2003/C 135/54 | Case T-109/03: Action brought on 28 March 2003 by Arran Aromatics Limited, Mr Iain Russel and Mr Allastair Rennick against the Commission of the European Communities | 33 | |
| 2003/C 135/55 | Case T-112/03: Action brought on 27 March 2003 by L'Oréal S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 34 | |
| 2003/C 135/56 | Case T-113/03: Action brought on 31 March 2003 by Georgios Gouvras against Commission of the European Communities | 35 | |
| 2003/C 135/57 | Case T-115/03: Action brought on 7 April 2003 by Samar SpA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 35 | |
| 2003/C 135/58 | Case T-116/03: Action brought on 7 April 2003 by Oreste Montalto against the Council of the European Union | 36 | |
| 2003/C 135/59 | Case T-124/03: Action brought on 14 April 2003 by AES Drax Power Limited against the Commission of the European Communities | 37 | |
| 2003/C 135/60 | Case T-126/03: Action brought on 14 April 2003 by Reckitt Benckiser (España), S.L. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 37 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2003/C 135/61 | Last publication of the Court of Justice in the
Official Journal of the European Union OJ C 124, 24.5.2003 | 39 | |
| Official Journal of the European Communities C 124 | |||
| EN | |||