# Official Journal C 217/3 Se

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 217 |
| | |
| English edition | Information and Notices | Volume 483 September 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 217

English edition

Information and Notices

Volume 483 September 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Court of Justice |
| | COURT OF JUSTICE |
| 2005/C 217/1 | Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-26/00: Kingdom of the Netherlands v Commission of the European Communities (Association arrangements for the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2423/1999 — Action for annulment — Safeguard measures — Proportionality) | 1 |
| 2005/C 217/2 | Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-180/00: Kingdom of the Netherlands v Commission of the European Communities (Association arrangements for the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 465/2000 — Action for annulment — Safeguard measures — Proportionality) | 1 |
| 2005/C 217/3 | Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-452/00: Kingdom of the Netherlands v Commission of the European Communities (Association arrangements for the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Action for annulment — Safeguard measures — Proportionality) | 2 |
| 2005/C 217/4 | Judgment of the Court (First Chamber) of 14 July 2005 in Case C-57/02 P: Compañía española para la fabricación de aceros inoxidables SA (Acerinox) v Commission of the European Communities (Appeal — ECSC Treaty — Agreement, decisions and concerted practices — Alloy surcharge — Parallel conduct — Reduction of the fine — Cooperation in the administrative procedure — Rights of the defence) | 2 |
| 2005/C 217/5 | Judgment of the Court (First Chamber) of 14 July 2005 in Joined Cases C-65/02 P and C-73/02 P: ThyssenKrupp Stainless GmbH and Others v Commission of the European Communities (Appeals — ECSC Treaty — Agreements, decisions and concerted practices — Alloy surcharge — Reduction of the fine — Cooperation in the administrative procedure — Attributability of the infringement — Rights of the defence) | 3 |
| 2005/C 217/6 | Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-304/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Fisheries — Control obligations placed on the Member States — Judgment of the Court establishing a breach of obligations — Non-compliance — Article 228 EC — Payment of a lump sum — Imposition of a penalty payment) | 3 |
| 2005/C 217/7 | Judgment of the Court (Third Chamber) of 2 June 2005 in Case C-378/02: Reference for a preliminary ruling from the Hoge Raad in Waterschap Zeeuws Vlaanderen v Staatssecretaris van Financiën (VAT — Capital goods acquired by a body governed by public law — Public authority — Transaction engaged in as taxable person and transaction engaged in as non-taxable person — Right to adjustment and deduction) | 4 |
| 2005/C 217/8 | Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-418/02: Reference for a preliminary ruling from the Bundespatentgericht in Praktiker Bau- und Heimwerkermärkte AG (Trade marks — Directive 89/104/EEC — Trade marks in respect of services — Registration — Services provided in connection with retail trade — Specification of content of services — Similarity between the services in question and goods or other services) | 4 |
| 2005/C 217/9 | Judgment of the Court (First Chamber) of 14 July 2005 in Case C-135/03 Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Community rules on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs — National legislation authorising the use of the term ‘bio’ in respect of products which have not been organically produced) | 5 |
| 2005/C 217/10 | Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-147/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 12 EC, 149 EC and 150 EC — Conditions of access to university education — Discrimination) | 5 |
| 2005/C 217/11 | Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-149/03: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil obligations — System of fishing quotas — 1991 to 1996 fishing years) | 6 |
| 2005/C 217/12 | Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-198/03 P: Commission of the European Communities v CEVA Santé Animale SA, Pfizer Enterprises Sàrl, International Federation for Animal Health (IFAH) (Appeal — Regulation (EEC) No 2377/90 — Veterinary medicinal products — Establishment of a maximum residue level for progesterone — Conditions governing the non-contractual liability of the Community) | 6 |
| 2005/C 217/13 | Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-208/03 P: Jean-Marie Le Pen v European Parliament (Appeal — Elections of Members of the European Parliament — Lack of uniform electoral procedure — Application of national law — Disqualification of a Member of the European Parliament from holding office following a criminal conviction — Measure by which the European Parliament ‘takes note’ of that disqualification — Action for annulment — Act not open to challenge — Inadmissibility) | 7 |
| 2005/C 217/14 | Judgment of the Court (Grand Chamber) of 21 July 2005 in Case C-231/03: Reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia: Consorzio Aziende Metano (Coname) v Comune di Cingia de' Botti (Articles 43 EC, 49 EC and 81 EC — Concession for the management of a public gas-distribution service) | 7 |
| 2005/C 217/15 | Judgment of the Court (Third Chamber) of 14 July 2005 in Joined Cases C-259/03, C-260/03 and C-343/03: Commission of the European Communities v Kingdom of Denmark (System of fishing quotas — 1988, 1990 to 1992, 1994 and 1995 to 1997 fishing years) | 8 |
| 2005/C 217/16 | Judgment of the Court (Grand Chamber) of 21 July 2005 in Case C-349/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 77/799/EEC — Mutual assistance by the competent authorities — Fields of VAT and excise duties — Partial transposition — Territory of Gibraltar) | 9 |
| 2005/C 217/17 | Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-364/03: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Directive 84/360/EEC — Atmospheric pollution — Industrial plant — Electricity power station) | 9 |
| 2005/C 217/18 | Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-370/03: Hellenic Republic v Commission of the European Communities (EAGGF — Financial treatment to be applied in the context of clearance of expenditure financed) | 10 |
| 2005/C 217/19 | Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-373/03: Reference for a preliminary ruling from the Verwaltungsgericht Freiburg in Ceyhun Aydinli v Land Baden-Württemberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Articles 6 and 7 — Criminal conviction — Prison sentence — Effect on right of residence) | 10 |
| 2005/C 217/20 | Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-383/03: Reference for a preliminary ruling from the Verwaltungsgerichtshof in Ergül Dogan v Sicherheitsdirektion für das Bundesland Vorarlberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Article 6(1), third indent, and Article 6(2) — Duly registered as belonging to the labour market of a Member State — Criminal conviction — Prison sentence — Effect on right of residence) | 11 |
| 2005/C 217/21 | Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-386/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Airports — Groundhandling — Directive 96/67/EC) | 11 |
| 2005/C 217/22 | Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-403/03: Reference for a preliminary ruling from the Bundesfinanzhof in Egon Schempp v Finanzamt München V (Citizenship of the Union — Articles 12 EC and 18 EC — Income tax — Deductibility from taxable income of maintenance paid by a taxpayer resident in Germany to his former spouse resident in Austria — Proof of taxation of the maintenance payments in that Member State) | 12 |
| 2005/C 217/23 | Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-433/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Negotiation, conclusion, ratification and implementation of bilateral agreements by a Member State — Transport of goods or passengers by inland waterway — External competence of the Community — Article 10 EC — Regulations (EEC) No 3921/91 and (EC) No 1356/96) | 12 |
| 2005/C 217/24 | Judgment of the Court (Grand Chamber) of 14 July 2005 in Case C-434/03: Reference for a preliminary ruling from the Hoge Raad der Nederlanden in P. Charles and T.S. Charles-Tijmens v Staatssecretaris van Financiën (Sixth VAT directive — Deduction of input tax paid — Immovable property used in part for the business and in part for private purposes) | 13 |
| 2005/C 217/25 | Judgment of the Court (Third Chamber) of 14 July 2005 in Case C-435/03: Reference for a preliminary ruling from the Hof van Beroep te Antwerpen in British American Tobacco International Ltd, Newman Shipping & Agency Company NV v Belgian State (Sixth VAT Directive — Articles 2 and 27(5) — Turnover tax — Scope — Chargeable event and taxable amount — Supply of goods for consideration — Theft of goods from a tax warehouse) | 13 |
| 2005/C 217/26 | Judgment of the Court (Third Chamber) of 16 June 2005 in Case C-456/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Admissibility — Failure to transpose — Articles 3(1), 5(2), 6(2) and 8 to 12) | 14 |
| 2005/C 217/27 | Judgment of the Court (First Chamber) of 26 May 2005 in Case C-465/03: Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Linz Kretztechnik AG v Finanzamt Linz (Sixth VAT Directive — Supplies for consideration — Share issue — Admission of a company to a stock exchange — Deductibility of VAT) | 14 |
| 2005/C 217/28 | Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-515/03: (Reference for a preliminary ruling, Finanzgericht Hamburg) in Eichsfelder Schlachtbetrieb GmbH v Hauptzollamt Hamburg-Jonas (Agriculture — Common organisation of the markets — Export refunds — Conditions for granting them — Import of the product into the non-member country of destination — Meaning — Customs formalities for release for consumption in the non-member country — Substantial processing or working — Reimportation into the Community — Abuse of law) | 15 |
| 2005/C 217/29 | Judgment of the Court (First Chamber) of 21 July 2005 in Case C-30/04: Reference for a preliminary ruling from the Tribunale di Bolzano in Ursel Koschitzki v Istituto nazionale della previdenza sociale (INPS) (Social security for migrant workers — Regulation (EEC) No 1408/71 — Old-age pension — Calculation of the theoretical amount of benefit — Inclusion of the amount necessary to reach the minimum pension under national legislation) | 15 |
| 2005/C 217/30 | Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-71/04: Reference for a preliminary ruling from the Tribunal Supremo in Administración del Estado v Xunta de Galicia (State aid — Article 93(3) of the EC Treaty (now Article 88(3) EC) — Scheme of aid to shipbuilding and ship conversion falling outside the scope of Directive 90/684/EEC — Failure to give prior notification — Article 92(1) of the EC Treaty (now Article 87(1) EC) — Concept of State aid — Effect on trade between Member States) | 16 |
| 2005/C 217/31 | Judgment of the Court (First Chamber) of 14 July 2005 in Case C-107/04: Reference for a preliminary ruling from the Tribunal Supremo in Comité Andaluz de Agricultura Ecológica v Administración General del Estado, Comité Aragonés de Agricultura Ecológica (Community rules on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs — National legislation authorising the use of the term ‘bio’ in respect of products which have not been organically produced) | 16 |
| 2005/C 217/32 | Judgment of the Court (First Chamber) of 14 July 2005 in Case C-114/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Article 28 EC — Measures having equivalent effect — Withdrawal of a marketing authorisation for a phytopharmaceutical reference product — Lack of transition period for parallel importers with a view to liquidation of their stocks) | 17 |
| 2005/C 217/33 | Judgment of the Court (First Chamber) of 16 June 2005 in Case C-138/04: Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Directive 83/183/EEC — Transfer of residence from one Member State to another — Fee charged on registration of motor vehicles — Tax exemption) | 17 |
| 2005/C 217/34 | Judgment of the Court (Fourth Chamber) of 14 July 2005 in Case C-141/04: Reference for a preliminary ruling from the Symvoulio tis Epikrateias in Michail Peros v Techniko Epimelitirio Ellados (Directive 89/48/EEC — Workers — Recognition of diplomas — Mechanical engineer) | 18 |
| 2005/C 217/35 | Judgment of the Court (Fourth Chamber) of 14 July 2005 in Case C-142/04: Reference for a preliminary ruling from the Symvoulio tis Epikrateias in Maria Aslanidou v Ypourgos Ygeias & Pronoias (Directive 92/51/EEC — Workers — Recognition of diplomas — Occupational therapist) | 18 |
| 2005/C 217/36 | Judgment of the Court (Grand Chamber) of 12 July 2005 in Joined Cases C-154/04 and C-155/04: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) in The Queen, Alliance for Natural Health and Others v Secretary of State for Health, and The Queen, National Association of Health Stores and Others v Secretary of State for Health, National Assembly for Wales (Approximation of laws — Food supplements — Directive 2002/46/EC — Prohibition on trade in products not complying with the directive — Validity — Legal basis — Article 95 EC — Articles 28 EC and 30 EC — Regulation (EC) No 3285/94 — Principles of subsidiarity, proportionality and equal treatment — Right to property — Freedom to pursue an economic activity — Obligation to state reasons) | 19 |
| 2005/C 217/37 | Judgment of the Court (Third Chamber) of 14 July 2005 in Case C-192/04: Reference for a preliminary ruling from the Cour de cassation in Lagardère Active Broadcast v Société pour la perception de la rémunération équitable (SPRE) and Others (Copyright and neighbouring rights — Broadcasting of phonograms — Equitable remuneration) | 19 |
| 2005/C 217/38 | Judgment of the Court (Third Chamber) of 14 July 2005 in Case C-203/04: Reference for a preliminary ruling from the Landgericht Frankfurt am Main in Gebrüder Stolle GmbH & Co. KG v Heidegold Geflügelspezialitäten GmbH (Poultrymeat — Marketing standards — Prohibition on including certain indications concerning the type of farming on labelling — Regulation (EEC) No 1538/91) | 20 |
| 2005/C 217/39 | Judgment of the Court (First Chamber) of 21 July 2005 in Case C-207/04: Reference for a preliminary ruling from the Commissione tributaria provinciale di Novara in Paolo Vergani v Agenzia delle Entrate, Ufficio di Arona (Social policy — Equal pay and equal treatment for men and women — Redundancy payment — Tax treatment determined by reference to age — Tax advantage) | 20 |
| 2005/C 217/40 | Judgment of the Court (Fourth Chamber) of 7 July 2005 in Joined Cases C-304/04 and 305/04: Reference for a preliminary ruling from the Gerechtshof te Amsterdam in Jacob Meijer BV, Eagle International Freight BV v Inspecteur van de Belastingdienst (Common Customs Tariff — Tariff classification of sound cards for computers — Validity of Regulations (EC) Nos 2086/97 and 2261/98) | 21 |
| 2005/C 217/41 | Judgment of the Court (Sixth Chamber) of 21 July 2005 in Case C-449/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2001/51/EC — Failure to transpose within the prescribed period) | 21 |
| 2005/C 217/42 | Judgment of the Court (Fifth Chamber) of 14 July 2005 in Case C-79/05 Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Regulation (EC) No 2037/2000 — Substances that deplete the ozone layer — Failure to transpose within the prescribed period) | 22 |
| 2005/C 217/43 | Order of the Court (Fourth Chamber) of 21 June 2005 in Joined Cases C-162/03, C-185/03, C-44/04, C-45/04, C-223/04, C-224/04, C-271/04 and C-272/04: References for a preliminary ruling from the Tribunale di Milano in Azienda Agricola Balconi Andrea (ex Guido) v Regione Lombardia and Others, and in Azienda Agricola Schnabl Rosa and Others v Agenzia per le Erogazioni in Agricoltura and Others (Milk and milk products — Additional levy on milk — Regulations (EEC) No 856/84 and No 3950/92 — Reference quantity — Regulation (EC, Euratom) No 2988/95 — Administrative penalties — Conditions) | 22 |
| 2005/C 217/44 | Order of the Court (Second Chamber) of 14 July 2005 in Case C-52/04: Reference for a preliminary ruling from the Bundesverwaltungsgericht in Personalrat der Feuerwehr Hamburg v Leiter der Feuerwehr Hamburg (Article 104(3) of the Rules of Procedure — Social policy — Protection of workers' health and safety — Directives 89/391/EEC and 93/104/EC — Scope — Operational crews of a public fire service — Inclusion — Conditions) | 23 |
| 2005/C 217/45 | Order of the Court (Fifth Chamber) of 12 April 2005 in Case C-80/04 P DLD Trading Co. v Council of the European Union (Appeal — Non-contractual liability — Causal link between the conduct complained of and the alleged damage — No such link — Subject-matter of the dispute — Manifest inadmissibility) | 23 |
| 2005/C 217/46 | Order of the Court (Fourth Chamber) of 14 June 2005 in Case C-358/04: Reference for a preliminary ruling from the Tribunale di Vicenza in Caseificio Valdagnese Srl v Regione Veneto (Reference for a preliminary ruling — Inadmissibility) | 24 |
| 2005/C 217/47 | Order of the Court (Sixth Chamber) of 14 July 2005 in Case C-420/04 P: Georgios Gouvras v Commission of the European Communities (Appeal — Officials — Posting — Secondment in the interests of the service — Retrospective change of place of employment and of the financial entitlements relating to it — Recovery of sum not due) | 24 |
| 2005/C 217/48 | Case C-315/04 P: Appeal brought on 23 July 2004 (14 July 2004 by fax) by Raffaele Dipace against the order made on 1 April 2004 by the First Chamber of the Court of First Instance of the European Communities (First Chamber) in Case T-106/04 between Raffaele Dipace and the Italian Republic | 24 |
| 2005/C 217/49 | Case C-184/05: Reference for a preliminary ruling from the Hoge Raad der Nederlanden by order of that court of 22 April 2005 in case of Twoh International BV v Inspecteur van de Belastingdienst | 25 |
| 2005/C 217/50 | Case C-239/05: Reference for a preliminary ruling from the Court of Appeal, Brussels by order of that court of 30 May 2005 in BVBA Management Training en Consultancy v Benelux-Merkenbureau | 25 |
| 2005/C 217/51 | Case C-247/05: Action brought on 9 June 2005 by Commission of the European Communities against the Kingdom of the Netherlands | 26 |
| 2005/C 217/52 | Case C-250/05: Reference for a preliminary ruling from the Hessisches Finanzgericht by order of that court of 14 April 2005 in Turbon International GmbH — as universal successor in title to Kores Nordic Deutschland GmbH v Oberfinanzdirektion Koblenz — Zoll- und Verbrauchsteuerabteilung | 26 |
| 2005/C 217/53 | Case C-257/05: Action brought on 17 June 2005 by the Commission of the European Communities against the Republic of Austria | 27 |
| 2005/C 217/54 | Case C-263/05: Action brought on 23 June 2005 by the Commission of the European Communities against the Italian Republic | 27 |
| 2005/C 217/55 | Case C-265/05: Reference for a preliminary ruling from the Cour de cassation (France) by order of that court of 21 June 2005 in José Perez Naranjo v Caisse régionale d'assurance maladie (CRAM) Nord-Picardie | 28 |
| 2005/C 217/56 | Case C-270/05: Reference for a preliminary ruling from the Arios Pagos by decision of that court of 9 June 2005 in Athinaiki Khartopiia A.E. v L. Panagiotidis and Others | 29 |
| 2005/C 217/57 | Case C-272/05: Reference for a preliminary ruling from the Hof van Beroep, Antwerp by judgment of that court of 30 June 2005 in 1. ..., 2. ... and 3. Bowens, Werner Constant Maria | 29 |
| 2005/C 217/58 | Case C-276/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 24 May 2005 in The Wellcome Foundation Ltd. v Paranova Pharmazeutika Handels GmbH | 29 |
| 2005/C 217/59 | Case C-282/05 P: Appeal brought on 13 July 2005 (fax: 12 July 2005) by Holcim (Deutschland) AG, formerly Alsen AG, against the judgment delivered on 21 April 2005 by the Court of First Instance of the European Communities (Third Chamber) in Case T-28/03 between Holcim (Deutschland) AG, formerly Alsen AG, and the Commission of the European Communities | 30 |
| 2005/C 217/60 | Case C-294/05: Action brought on 20 July 2005 by the Commission of the European Communities against the Kingdom of Sweden | 31 |
| 2005/C 217/61 | Removal from the register of Case C-156/02 | 31 |
| 2005/C 217/62 | Removal from the register of Case C-225/03 | 31 |
| 2005/C 217/63 | Removal from the register of Case C-527/03 | 31 |
| 2005/C 217/64 | Removal from the register of Case C-81/04 | 32 |
| 2005/C 217/65 | Removal from the register of Case C-256/04 | 32 |
| 2005/C 217/66 | Removal from the register of Case C-319/04 | 32 |
| 2005/C 217/67 | Removal from the register of Case C-337/04 | 32 |
| 2005/C 217/68 | Removal from the register of Joined Cases C-362/04, C-363/04, C-364/04 and C-365/04 | 32 |
| 2005/C 217/69 | Removal from the register of Case C-370/04 | 32 |
| 2005/C 217/70 | Removal from the register of Case C-387/04 | 33 |
| 2005/C 217/71 | Removal from the register of Case C-396/04 | 33 |
| 2005/C 217/72 | Removal from the register of Case C-424/04 | 33 |
| 2005/C 217/73 | Removal from the register of Case C-497/04 | 33 |
| 2005/C 217/74 | Removal from the register of Case C-498/04 | 33 |
| 2005/C 217/75 | Removal from the register of Case C-511/04 | 33 |
| 2005/C 217/76 | Removal from the register of Case C-515/04 | 34 |
| 2005/C 217/77 | Removal from the register of Case C-56/05 | 34 |
| | COURT OF FIRST INSTANCE |
| 2005/C 217/78 | Judgment of the Court of First Instance of 5 July 2005 in Case T-387/02 Dorte Schmidt-Brown v Commission of the European Communities (Officials — Action for annulment — Accusations against an official — Article 24 of the Staff Regulations — Rejection of request for financial assistance) | 35 |
| 2005/C 217/79 | Judgment of the Court of First Instance of 28 June 2005 in Case T-158/03 Industrias Químicas del Vallés, SA v Commission of the European Communities (Directive 91/414/EEC — Plant protection products — Active substances — Metalaxyl — Authorisation procedure — Summary dossier and complete dossier — Time-limits — Principle of proportionality — Misuse of powers) | 35 |
| 2005/C 217/80 | Judgment of the Court of First Instance of 30 June 2005 in Case T-190/03: Sanni Olesen v Commission of the European Communities (Officials — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Work done for another State or for an international organisation — Definition of State — Main occupation) | 36 |
| 2005/C 217/81 | Judgment of the Court of First Instance of 28 June 2005 in Case T-301/03 Canali Ireland Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark CANAL JEAN CO. NEW YORK — Opposition by the proprietor of the national word mark CANALI — Likelihood of confusion) | 36 |
| 2005/C 217/82 | Judgment of the Court of First Instance of 30 June 2005 in Case T-347/03 Eugénio Branco, Lda v Commission of the European Communities (European Social Fund — Reduction of financial assistance — Subcontracting — Acquired rights — Reasonable time) | 37 |
| 2005/C 217/83 | Judgment of the Court of First Instance of 5 July 2005 in Case T-370/03 Jacques Wunenburger v Commission of the European Communities (Officials — Post of Director of the Commission EuropeAid Co-operation Office — Vacancy notice — Rejection of candidature — Action for annulment — Legal interest in bringing proceedings — Statement of reasons — Manifest error of assessment) | 37 |
| 2005/C 217/84 | Judgment of the Court of First Instance of 7 July 2005 in Case T-385/03 Miles Handelsgesellschaft International mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a Community figurative mark containing the verbal element ‘Biker Miles’ — Earlier Community word mark MILES — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94) | 38 |
| 2005/C 217/85 | Judgment of the Court of First Instance of 30 June 2005 in Case T-439/03 Ulrike Eppe v the European Parliament (Open competition — Non-admission to tests — Necessary professional experience) | 38 |
| 2005/C 217/86 | Judgment of the Court of First Instance of 5 July 2005 in Case T-9/04 Luigi Marcuccio v Commission of the European Communities (Officials — Social security benefits — Accident — Article 73 of the Staff Regulations — Admissibility — Statement of reasons) | 39 |
| 2005/C 217/87 | Judgment of the Court of First Instance of 6 July 2005 in Case T-148/04 TQ3 Travel Solutions Belgium SA v Commission of the European Communities (Public service contracts — Community tendering procedure — Provision of travel agency services for travel undertaken by officials and agents of the institutions) | 39 |
| 2005/C 217/88 | Order of the Court of First Instance of 20 June 2005 in Case T-361/02 Deutsche Bahn AG v Commission of the European Communities (State aid — Competitor's complaint — Action for failure to act — Position taken — Manifest inadmissibility) | 40 |
| 2005/C 217/89 | Order of the Court of First Instance of 27 June 2005 in Case T-384/03 Reti Televisive Italiane SpA (RTI) v Office for Harmonisation in the Internal Market (Trade Marks and Design) (OHIM) (Community trade mark — Opposition — Withdrawal of opposition — No requirement to adjudicate) | 40 |
| 2005/C 217/90 | Order of the Court of First Instance of 28 June 2005 in Case T-158/04 Erich Drazdansky v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for Community word mark ‘UUP'S’ — Earlier national word marks UP — Dismissal of the application for restitutio in integrum (re-establishment of rights) — Article 78(1) of Regulation (EC) No 40/94 — Action manifestly without legal substance) | 41 |
| 2005/C 217/91 | Order of the Court of First Instance of 28 June 2005 in Case T-170/04: FederDoc and Others v Commission of the European Communities (Action for annulment — Regulation (EC) No 316/2004 — Common organisation of the market in wine — System governing traditional terms — Legal persons — Persons individually concerned — Inadmissibility) | 41 |
| 2005/C 217/92 | Order of the Court of First Instance of 29 June 2005 in Case T-254/04: Spyridon de Athanassios Pappas v Committee of the Regions of the European Union (Officials — Recruitment — Post of Secretary General of the Committee of the Regions — Enforcement of a judgment of the Court of First Instance annulling an appointment decision — Annulment by the institution of the vacancy notice and commencement of a new recruitment procedure) | 42 |
| 2005/C 217/93 | Order of the Court of First Instance of 27 June 2005 in Case T-349/04 Parfümerie Douglas GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Removal of the earlier mark from the register — No need to adjudicate) | 42 |
| 2005/C 217/94 | Order of the Court of First Instance of 28 June 2005 in Case T-386/04 Eridania SpA and Others v Commission of the European Communities (Common organisation of the markets in the sugar sector — Pricing system — Regionalisation — Deficit areas — Classification of Italy — Marketing year 2004/2005 — Regulation (EC) No 1216/2004 — Action for annulment — Natural and legal persons — Inadmissibility) | 43 |
| 2005/C 217/95 | Order of the Court of First Instance of 1 July 2005 in Case T-482/04: KOMSA Kommunikation Sachsen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of the opposition — Case does not proceed to judgment) | 43 |
| 2005/C 217/96 | Order of the President of the Court of First Instance of 22 June 2005 in Case T-171/05 R: Bart Nijs v Court of Auditors of the European Communities (Proceedings for interim relief — Officials — Suspension of operation of a measure — Admissibility) | 44 |
| 2005/C 217/97 | Case T-186/05: Action brought on 10 May 2005 by Alenia Marconi Systems SpA against the Commission of the European Communities | 44 |
| 2005/C 217/98 | Case T-222/05: Action brought on 9 June 2005 by Francisco Rossi Ferreras against the Commission of the European Communities | 45 |
| 2005/C 217/99 | Case T-223/05: Action brought on 8 June 2005 by CAMAR Srl against the Commission of the European Communities | 45 |
| 2005/C 217/100 | Case T-233/05: Action brought on 23 June 2005 by Nomura Principal Investment Plc and Nomura International Plc against the Commission of the European Communities | 46 |
| 2005/C 217/101 | Case T-245/05: Action brought on 4 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 46 |
| 2005/C 217/102 | Case T-246/05: Action brought on 4 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 47 |
| 2005/C 217/103 | Case T-247/05: Action brought on 4 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 48 |
| 2005/C 217/104 | Case T-248/05: Action brought on 1 July 2005 by MP Temporärpersonal GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 49 |
| 2005/C 217/105 | Case T-249/05: Action brought on 30 June 2005 by Tineke Duyster against the Commission of the European Communities | 50 |
| 2005/C 217/106 | Case T-250/05: Action brought on 24 June 2005 by European Dynamics S.A. against the Office for Official Publications of the European Communities | 50 |
| 2005/C 217/107 | Case T-251/05: Action brought on 1 July 2005 by Mediocurso — Estabelecimento de Ensino Particular, SA against the Commission of the European Communities | 51 |
| 2005/C 217/108 | Case T-255/05: Action brought on 8 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 52 |
| 2005/C 217/109 | Case T-259/05: Action brought on 8 July 2005 by Kingdom of Spain against the Commission of the European Communities | 52 |
| 2005/C 217/110 | Case T-262/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 53 |
| 2005/C 217/111 | Case T-263/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 54 |
| 2005/C 217/112 | Case T-264/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 54 |
| 2005/C 217/113 | Case T-273/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 55 |
| 2005/C 217/114 | Case T-274/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 56 |
| 2005/C 217/115 | Case T-275/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 56 |
| 2005/C 217/116 | Case T-276/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 57 |
| 2005/C 217/117 | Case T-277/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 58 |
| 2005/C 217/118 | Case T-278/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 59 |
| 2005/C 217/119 | Case T-279/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 60 |
| 2005/C 217/120 | Case T-280/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 61 |
| 2005/C 217/121 | Removal from the Register of Case T-50/97 | 61 |
| 2005/C 217/122 | Removal from the Register of Case T-51/97 | 62 |
| 2005/C 217/123 | Removal from the Register of Case T-53/97 | 62 |
| 2005/C 217/124 | Removal from the Register of Case T-54/97 | 62 |
| 2005/C 217/125 | Removal from the Register of Case T-55/97 | 62 |
| 2005/C 217/126 | Removal from the Register of Case T-56/97 | 62 |
| 2005/C 217/127 | Removal from the Register of Case T-57/97 | 62 |
| 2005/C 217/128 | Removal from the Register of Case T-58/97 | 63 |
| 2005/C 217/129 | Removal from the Register of Case T-59/97 | 63 |
| 2005/C 217/130 | Removal from the Register of Case T-63/97 | 63 |
| 2005/C 217/131 | Removal from the Register of Case T-65/97 | 63 |
| 2005/C 217/132 | Removal from the Register of Case T-66/97 | 63 |
| 2005/C 217/133 | Removal from the Register of Case T-67/97 | 63 |
| 2005/C 217/134 | Removal from the Register of Case T-69/97 | 64 |
| 2005/C 217/135 | Removal from the Register of Case T-145/97 | 64 |
| 2005/C 217/136 | Removal from the Register of Case T-385/02 | 64 |
| 2005/C 217/137 | Removal from the Register of Case T-437/03 | 64 |

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 217/1

Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-26/00: Kingdom of the Netherlands v Commission of the European Communities (Association arrangements for the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2423/1999 — Action for annulment — Safeguard measures — Proportionality)

1

2005/C 217/2

Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-180/00: Kingdom of the Netherlands v Commission of the European Communities (Association arrangements for the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 465/2000 — Action for annulment — Safeguard measures — Proportionality)

1

2005/C 217/3

Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-452/00: Kingdom of the Netherlands v Commission of the European Communities (Association arrangements for the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Action for annulment — Safeguard measures — Proportionality)

2

2005/C 217/4

Judgment of the Court (First Chamber) of 14 July 2005 in Case C-57/02 P: Compañía española para la fabricación de aceros inoxidables SA (Acerinox) v Commission of the European Communities (Appeal — ECSC Treaty — Agreement, decisions and concerted practices — Alloy surcharge — Parallel conduct — Reduction of the fine — Cooperation in the administrative procedure — Rights of the defence)

2

2005/C 217/5

Judgment of the Court (First Chamber) of 14 July 2005 in Joined Cases C-65/02 P and C-73/02 P: ThyssenKrupp Stainless GmbH and Others v Commission of the European Communities (Appeals — ECSC Treaty — Agreements, decisions and concerted practices — Alloy surcharge — Reduction of the fine — Cooperation in the administrative procedure — Attributability of the infringement — Rights of the defence)

3

2005/C 217/6

Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-304/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Fisheries — Control obligations placed on the Member States — Judgment of the Court establishing a breach of obligations — Non-compliance — Article 228 EC — Payment of a lump sum — Imposition of a penalty payment)

3

2005/C 217/7

Judgment of the Court (Third Chamber) of 2 June 2005 in Case C-378/02: Reference for a preliminary ruling from the Hoge Raad in Waterschap Zeeuws Vlaanderen v Staatssecretaris van Financiën (VAT — Capital goods acquired by a body governed by public law — Public authority — Transaction engaged in as taxable person and transaction engaged in as non-taxable person — Right to adjustment and deduction)

4

2005/C 217/8

Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-418/02: Reference for a preliminary ruling from the Bundespatentgericht in Praktiker Bau- und Heimwerkermärkte AG (Trade marks — Directive 89/104/EEC — Trade marks in respect of services — Registration — Services provided in connection with retail trade — Specification of content of services — Similarity between the services in question and goods or other services)

4

2005/C 217/9

Judgment of the Court (First Chamber) of 14 July 2005 in Case C-135/03 Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Community rules on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs — National legislation authorising the use of the term ‘bio’ in respect of products which have not been organically produced)

5

2005/C 217/10

Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-147/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 12 EC, 149 EC and 150 EC — Conditions of access to university education — Discrimination)

5

2005/C 217/11

Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-149/03: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil obligations — System of fishing quotas — 1991 to 1996 fishing years)

6

2005/C 217/12

Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-198/03 P: Commission of the European Communities v CEVA Santé Animale SA, Pfizer Enterprises Sàrl, International Federation for Animal Health (IFAH) (Appeal — Regulation (EEC) No 2377/90 — Veterinary medicinal products — Establishment of a maximum residue level for progesterone — Conditions governing the non-contractual liability of the Community)

6

2005/C 217/13

Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-208/03 P: Jean-Marie Le Pen v European Parliament (Appeal — Elections of Members of the European Parliament — Lack of uniform electoral procedure — Application of national law — Disqualification of a Member of the European Parliament from holding office following a criminal conviction — Measure by which the European Parliament ‘takes note’ of that disqualification — Action for annulment — Act not open to challenge — Inadmissibility)

7

2005/C 217/14

Judgment of the Court (Grand Chamber) of 21 July 2005 in Case C-231/03: Reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia: Consorzio Aziende Metano (Coname) v Comune di Cingia de' Botti (Articles 43 EC, 49 EC and 81 EC — Concession for the management of a public gas-distribution service)

7

2005/C 217/15

Judgment of the Court (Third Chamber) of 14 July 2005 in Joined Cases C-259/03, C-260/03 and C-343/03: Commission of the European Communities v Kingdom of Denmark (System of fishing quotas — 1988, 1990 to 1992, 1994 and 1995 to 1997 fishing years)

8

2005/C 217/16

Judgment of the Court (Grand Chamber) of 21 July 2005 in Case C-349/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 77/799/EEC — Mutual assistance by the competent authorities — Fields of VAT and excise duties — Partial transposition — Territory of Gibraltar)

9

2005/C 217/17

Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-364/03: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Directive 84/360/EEC — Atmospheric pollution — Industrial plant — Electricity power station)

9

2005/C 217/18

Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-370/03: Hellenic Republic v Commission of the European Communities (EAGGF — Financial treatment to be applied in the context of clearance of expenditure financed)

10

2005/C 217/19

Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-373/03: Reference for a preliminary ruling from the Verwaltungsgericht Freiburg in Ceyhun Aydinli v Land Baden-Württemberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Articles 6 and 7 — Criminal conviction — Prison sentence — Effect on right of residence)

10

2005/C 217/20

Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-383/03: Reference for a preliminary ruling from the Verwaltungsgerichtshof in Ergül Dogan v Sicherheitsdirektion für das Bundesland Vorarlberg (EEC-Turkey Association — Free movement of workers — Decision No 1/80 of the Association Council — Article 6(1), third indent, and Article 6(2) — Duly registered as belonging to the labour market of a Member State — Criminal conviction — Prison sentence — Effect on right of residence)

11

2005/C 217/21

Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-386/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Airports — Groundhandling — Directive 96/67/EC)

11

2005/C 217/22

Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-403/03: Reference for a preliminary ruling from the Bundesfinanzhof in Egon Schempp v Finanzamt München V (Citizenship of the Union — Articles 12 EC and 18 EC — Income tax — Deductibility from taxable income of maintenance paid by a taxpayer resident in Germany to his former spouse resident in Austria — Proof of taxation of the maintenance payments in that Member State)

12

2005/C 217/23

Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-433/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Negotiation, conclusion, ratification and implementation of bilateral agreements by a Member State — Transport of goods or passengers by inland waterway — External competence of the Community — Article 10 EC — Regulations (EEC) No 3921/91 and (EC) No 1356/96)

12

2005/C 217/24

Judgment of the Court (Grand Chamber) of 14 July 2005 in Case C-434/03: Reference for a preliminary ruling from the Hoge Raad der Nederlanden in P. Charles and T.S. Charles-Tijmens v Staatssecretaris van Financiën (Sixth VAT directive — Deduction of input tax paid — Immovable property used in part for the business and in part for private purposes)

13

2005/C 217/25

Judgment of the Court (Third Chamber) of 14 July 2005 in Case C-435/03: Reference for a preliminary ruling from the Hof van Beroep te Antwerpen in British American Tobacco International Ltd, Newman Shipping & Agency Company NV v Belgian State (Sixth VAT Directive — Articles 2 and 27(5) — Turnover tax — Scope — Chargeable event and taxable amount — Supply of goods for consideration — Theft of goods from a tax warehouse)

13

2005/C 217/26

Judgment of the Court (Third Chamber) of 16 June 2005 in Case C-456/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Admissibility — Failure to transpose — Articles 3(1), 5(2), 6(2) and 8 to 12)

14

2005/C 217/27

Judgment of the Court (First Chamber) of 26 May 2005 in Case C-465/03: Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Linz Kretztechnik AG v Finanzamt Linz (Sixth VAT Directive — Supplies for consideration — Share issue — Admission of a company to a stock exchange — Deductibility of VAT)

14

2005/C 217/28

Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-515/03: (Reference for a preliminary ruling, Finanzgericht Hamburg) in Eichsfelder Schlachtbetrieb GmbH v Hauptzollamt Hamburg-Jonas (Agriculture — Common organisation of the markets — Export refunds — Conditions for granting them — Import of the product into the non-member country of destination — Meaning — Customs formalities for release for consumption in the non-member country — Substantial processing or working — Reimportation into the Community — Abuse of law)

15

2005/C 217/29

Judgment of the Court (First Chamber) of 21 July 2005 in Case C-30/04: Reference for a preliminary ruling from the Tribunale di Bolzano in Ursel Koschitzki v Istituto nazionale della previdenza sociale (INPS) (Social security for migrant workers — Regulation (EEC) No 1408/71 — Old-age pension — Calculation of the theoretical amount of benefit — Inclusion of the amount necessary to reach the minimum pension under national legislation)

15

2005/C 217/30

Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-71/04: Reference for a preliminary ruling from the Tribunal Supremo in Administración del Estado v Xunta de Galicia (State aid — Article 93(3) of the EC Treaty (now Article 88(3) EC) — Scheme of aid to shipbuilding and ship conversion falling outside the scope of Directive 90/684/EEC — Failure to give prior notification — Article 92(1) of the EC Treaty (now Article 87(1) EC) — Concept of State aid — Effect on trade between Member States)

16

2005/C 217/31

Judgment of the Court (First Chamber) of 14 July 2005 in Case C-107/04: Reference for a preliminary ruling from the Tribunal Supremo in Comité Andaluz de Agricultura Ecológica v Administración General del Estado, Comité Aragonés de Agricultura Ecológica (Community rules on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs — National legislation authorising the use of the term ‘bio’ in respect of products which have not been organically produced)

16

2005/C 217/32

Judgment of the Court (First Chamber) of 14 July 2005 in Case C-114/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Article 28 EC — Measures having equivalent effect — Withdrawal of a marketing authorisation for a phytopharmaceutical reference product — Lack of transition period for parallel importers with a view to liquidation of their stocks)

17

2005/C 217/33

Judgment of the Court (First Chamber) of 16 June 2005 in Case C-138/04: Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Directive 83/183/EEC — Transfer of residence from one Member State to another — Fee charged on registration of motor vehicles — Tax exemption)

17

2005/C 217/34

Judgment of the Court (Fourth Chamber) of 14 July 2005 in Case C-141/04: Reference for a preliminary ruling from the Symvoulio tis Epikrateias in Michail Peros v Techniko Epimelitirio Ellados (Directive 89/48/EEC — Workers — Recognition of diplomas — Mechanical engineer)

18

2005/C 217/35

Judgment of the Court (Fourth Chamber) of 14 July 2005 in Case C-142/04: Reference for a preliminary ruling from the Symvoulio tis Epikrateias in Maria Aslanidou v Ypourgos Ygeias & Pronoias (Directive 92/51/EEC — Workers — Recognition of diplomas — Occupational therapist)

18

2005/C 217/36

Judgment of the Court (Grand Chamber) of 12 July 2005 in Joined Cases C-154/04 and C-155/04: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) in The Queen, Alliance for Natural Health and Others v Secretary of State for Health, and The Queen, National Association of Health Stores and Others v Secretary of State for Health, National Assembly for Wales (Approximation of laws — Food supplements — Directive 2002/46/EC — Prohibition on trade in products not complying with the directive — Validity — Legal basis — Article 95 EC — Articles 28 EC and 30 EC — Regulation (EC) No 3285/94 — Principles of subsidiarity, proportionality and equal treatment — Right to property — Freedom to pursue an economic activity — Obligation to state reasons)

19

2005/C 217/37

Judgment of the Court (Third Chamber) of 14 July 2005 in Case C-192/04: Reference for a preliminary ruling from the Cour de cassation in Lagardère Active Broadcast v Société pour la perception de la rémunération équitable (SPRE) and Others (Copyright and neighbouring rights — Broadcasting of phonograms — Equitable remuneration)

19

2005/C 217/38

Judgment of the Court (Third Chamber) of 14 July 2005 in Case C-203/04: Reference for a preliminary ruling from the Landgericht Frankfurt am Main in Gebrüder Stolle GmbH & Co. KG v Heidegold Geflügelspezialitäten GmbH (Poultrymeat — Marketing standards — Prohibition on including certain indications concerning the type of farming on labelling — Regulation (EEC) No 1538/91)

20

2005/C 217/39

Judgment of the Court (First Chamber) of 21 July 2005 in Case C-207/04: Reference for a preliminary ruling from the Commissione tributaria provinciale di Novara in Paolo Vergani v Agenzia delle Entrate, Ufficio di Arona (Social policy — Equal pay and equal treatment for men and women — Redundancy payment — Tax treatment determined by reference to age — Tax advantage)

20

2005/C 217/40

Judgment of the Court (Fourth Chamber) of 7 July 2005 in Joined Cases C-304/04 and 305/04: Reference for a preliminary ruling from the Gerechtshof te Amsterdam in Jacob Meijer BV, Eagle International Freight BV v Inspecteur van de Belastingdienst (Common Customs Tariff — Tariff classification of sound cards for computers — Validity of Regulations (EC) Nos 2086/97 and 2261/98)

21

2005/C 217/41

Judgment of the Court (Sixth Chamber) of 21 July 2005 in Case C-449/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2001/51/EC — Failure to transpose within the prescribed period)

21

2005/C 217/42

Judgment of the Court (Fifth Chamber) of 14 July 2005 in Case C-79/05 Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Regulation (EC) No 2037/2000 — Substances that deplete the ozone layer — Failure to transpose within the prescribed period)

22

2005/C 217/43

Order of the Court (Fourth Chamber) of 21 June 2005 in Joined Cases C-162/03, C-185/03, C-44/04, C-45/04, C-223/04, C-224/04, C-271/04 and C-272/04: References for a preliminary ruling from the Tribunale di Milano in Azienda Agricola Balconi Andrea (ex Guido) v Regione Lombardia and Others, and in Azienda Agricola Schnabl Rosa and Others v Agenzia per le Erogazioni in Agricoltura and Others (Milk and milk products — Additional levy on milk — Regulations (EEC) No 856/84 and No 3950/92 — Reference quantity — Regulation (EC, Euratom) No 2988/95 — Administrative penalties — Conditions)

22

2005/C 217/44

Order of the Court (Second Chamber) of 14 July 2005 in Case C-52/04: Reference for a preliminary ruling from the Bundesverwaltungsgericht in Personalrat der Feuerwehr Hamburg v Leiter der Feuerwehr Hamburg (Article 104(3) of the Rules of Procedure — Social policy — Protection of workers' health and safety — Directives 89/391/EEC and 93/104/EC — Scope — Operational crews of a public fire service — Inclusion — Conditions)

23

2005/C 217/45

Order of the Court (Fifth Chamber) of 12 April 2005 in Case C-80/04 P DLD Trading Co. v Council of the European Union (Appeal — Non-contractual liability — Causal link between the conduct complained of and the alleged damage — No such link — Subject-matter of the dispute — Manifest inadmissibility)

23

2005/C 217/46

Order of the Court (Fourth Chamber) of 14 June 2005 in Case C-358/04: Reference for a preliminary ruling from the Tribunale di Vicenza in Caseificio Valdagnese Srl v Regione Veneto (Reference for a preliminary ruling — Inadmissibility)

24

2005/C 217/47

Order of the Court (Sixth Chamber) of 14 July 2005 in Case C-420/04 P: Georgios Gouvras v Commission of the European Communities (Appeal — Officials — Posting — Secondment in the interests of the service — Retrospective change of place of employment and of the financial entitlements relating to it — Recovery of sum not due)

24

2005/C 217/48

Case C-315/04 P: Appeal brought on 23 July 2004 (14 July 2004 by fax) by Raffaele Dipace against the order made on 1 April 2004 by the First Chamber of the Court of First Instance of the European Communities (First Chamber) in Case T-106/04 between Raffaele Dipace and the Italian Republic

24

2005/C 217/49

Case C-184/05: Reference for a preliminary ruling from the Hoge Raad der Nederlanden by order of that court of 22 April 2005 in case of Twoh International BV v Inspecteur van de Belastingdienst

25

2005/C 217/50

Case C-239/05: Reference for a preliminary ruling from the Court of Appeal, Brussels by order of that court of 30 May 2005 in BVBA Management Training en Consultancy v Benelux-Merkenbureau

25

2005/C 217/51

Case C-247/05: Action brought on 9 June 2005 by Commission of the European Communities against the Kingdom of the Netherlands

26

2005/C 217/52

Case C-250/05: Reference for a preliminary ruling from the Hessisches Finanzgericht by order of that court of 14 April 2005 in Turbon International GmbH — as universal successor in title to Kores Nordic Deutschland GmbH v Oberfinanzdirektion Koblenz — Zoll- und Verbrauchsteuerabteilung

26

2005/C 217/53

Case C-257/05: Action brought on 17 June 2005 by the Commission of the European Communities against the Republic of Austria

27

2005/C 217/54

Case C-263/05: Action brought on 23 June 2005 by the Commission of the European Communities against the Italian Republic

27

2005/C 217/55

Case C-265/05: Reference for a preliminary ruling from the Cour de cassation (France) by order of that court of 21 June 2005 in José Perez Naranjo v Caisse régionale d'assurance maladie (CRAM) Nord-Picardie

28

2005/C 217/56

Case C-270/05: Reference for a preliminary ruling from the Arios Pagos by decision of that court of 9 June 2005 in Athinaiki Khartopiia A.E. v L. Panagiotidis and Others

29

2005/C 217/57

Case C-272/05: Reference for a preliminary ruling from the Hof van Beroep, Antwerp by judgment of that court of 30 June 2005 in 1. ..., 2. ... and 3. Bowens, Werner Constant Maria

29

2005/C 217/58

Case C-276/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 24 May 2005 in The Wellcome Foundation Ltd. v Paranova Pharmazeutika Handels GmbH

29

2005/C 217/59

Case C-282/05 P: Appeal brought on 13 July 2005 (fax: 12 July 2005) by Holcim (Deutschland) AG, formerly Alsen AG, against the judgment delivered on 21 April 2005 by the Court of First Instance of the European Communities (Third Chamber) in Case T-28/03 between Holcim (Deutschland) AG, formerly Alsen AG, and the Commission of the European Communities

30

2005/C 217/60

Case C-294/05: Action brought on 20 July 2005 by the Commission of the European Communities against the Kingdom of Sweden

31

2005/C 217/61

Removal from the register of Case C-156/02

31

2005/C 217/62

Removal from the register of Case C-225/03

31

2005/C 217/63

Removal from the register of Case C-527/03

31

2005/C 217/64

Removal from the register of Case C-81/04

32

2005/C 217/65

Removal from the register of Case C-256/04

32

2005/C 217/66

Removal from the register of Case C-319/04

32

2005/C 217/67

Removal from the register of Case C-337/04

32

2005/C 217/68

Removal from the register of Joined Cases C-362/04, C-363/04, C-364/04 and C-365/04

32

2005/C 217/69

Removal from the register of Case C-370/04

32

2005/C 217/70

Removal from the register of Case C-387/04

33

2005/C 217/71

Removal from the register of Case C-396/04

33

2005/C 217/72

Removal from the register of Case C-424/04

33

2005/C 217/73

Removal from the register of Case C-497/04

33

2005/C 217/74

Removal from the register of Case C-498/04

33

2005/C 217/75

Removal from the register of Case C-511/04

33

2005/C 217/76

Removal from the register of Case C-515/04

34

2005/C 217/77

Removal from the register of Case C-56/05

34

COURT OF FIRST INSTANCE

2005/C 217/78

Judgment of the Court of First Instance of 5 July 2005 in Case T-387/02 Dorte Schmidt-Brown v Commission of the European Communities (Officials — Action for annulment — Accusations against an official — Article 24 of the Staff Regulations — Rejection of request for financial assistance)

35

2005/C 217/79

Judgment of the Court of First Instance of 28 June 2005 in Case T-158/03 Industrias Químicas del Vallés, SA v Commission of the European Communities (Directive 91/414/EEC — Plant protection products — Active substances — Metalaxyl — Authorisation procedure — Summary dossier and complete dossier — Time-limits — Principle of proportionality — Misuse of powers)

35

2005/C 217/80

Judgment of the Court of First Instance of 30 June 2005 in Case T-190/03: Sanni Olesen v Commission of the European Communities (Officials — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Work done for another State or for an international organisation — Definition of State — Main occupation)

36

2005/C 217/81

Judgment of the Court of First Instance of 28 June 2005 in Case T-301/03 Canali Ireland Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark CANAL JEAN CO. NEW YORK — Opposition by the proprietor of the national word mark CANALI — Likelihood of confusion)

36

2005/C 217/82

Judgment of the Court of First Instance of 30 June 2005 in Case T-347/03 Eugénio Branco, Lda v Commission of the European Communities (European Social Fund — Reduction of financial assistance — Subcontracting — Acquired rights — Reasonable time)

37

2005/C 217/83

Judgment of the Court of First Instance of 5 July 2005 in Case T-370/03 Jacques Wunenburger v Commission of the European Communities (Officials — Post of Director of the Commission EuropeAid Co-operation Office — Vacancy notice — Rejection of candidature — Action for annulment — Legal interest in bringing proceedings — Statement of reasons — Manifest error of assessment)

37

2005/C 217/84

Judgment of the Court of First Instance of 7 July 2005 in Case T-385/03 Miles Handelsgesellschaft International mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a Community figurative mark containing the verbal element ‘Biker Miles’ — Earlier Community word mark MILES — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

38

2005/C 217/85

Judgment of the Court of First Instance of 30 June 2005 in Case T-439/03 Ulrike Eppe v the European Parliament (Open competition — Non-admission to tests — Necessary professional experience)

38

2005/C 217/86

Judgment of the Court of First Instance of 5 July 2005 in Case T-9/04 Luigi Marcuccio v Commission of the European Communities (Officials — Social security benefits — Accident — Article 73 of the Staff Regulations — Admissibility — Statement of reasons)

39

2005/C 217/87

Judgment of the Court of First Instance of 6 July 2005 in Case T-148/04 TQ3 Travel Solutions Belgium SA v Commission of the European Communities (Public service contracts — Community tendering procedure — Provision of travel agency services for travel undertaken by officials and agents of the institutions)

39

2005/C 217/88

Order of the Court of First Instance of 20 June 2005 in Case T-361/02 Deutsche Bahn AG v Commission of the European Communities (State aid — Competitor's complaint — Action for failure to act — Position taken — Manifest inadmissibility)

40

2005/C 217/89

Order of the Court of First Instance of 27 June 2005 in Case T-384/03 Reti Televisive Italiane SpA (RTI) v Office for Harmonisation in the Internal Market (Trade Marks and Design) (OHIM) (Community trade mark — Opposition — Withdrawal of opposition — No requirement to adjudicate)

40

2005/C 217/90

Order of the Court of First Instance of 28 June 2005 in Case T-158/04 Erich Drazdansky v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for Community word mark ‘UUP'S’ — Earlier national word marks UP — Dismissal of the application for restitutio in integrum (re-establishment of rights) — Article 78(1) of Regulation (EC) No 40/94 — Action manifestly without legal substance)

41

2005/C 217/91

Order of the Court of First Instance of 28 June 2005 in Case T-170/04: FederDoc and Others v Commission of the European Communities (Action for annulment — Regulation (EC) No 316/2004 — Common organisation of the market in wine — System governing traditional terms — Legal persons — Persons individually concerned — Inadmissibility)

41

2005/C 217/92

Order of the Court of First Instance of 29 June 2005 in Case T-254/04: Spyridon de Athanassios Pappas v Committee of the Regions of the European Union (Officials — Recruitment — Post of Secretary General of the Committee of the Regions — Enforcement of a judgment of the Court of First Instance annulling an appointment decision — Annulment by the institution of the vacancy notice and commencement of a new recruitment procedure)

42

2005/C 217/93

Order of the Court of First Instance of 27 June 2005 in Case T-349/04 Parfümerie Douglas GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Removal of the earlier mark from the register — No need to adjudicate)

42

2005/C 217/94

Order of the Court of First Instance of 28 June 2005 in Case T-386/04 Eridania SpA and Others v Commission of the European Communities (Common organisation of the markets in the sugar sector — Pricing system — Regionalisation — Deficit areas — Classification of Italy — Marketing year 2004/2005 — Regulation (EC) No 1216/2004 — Action for annulment — Natural and legal persons — Inadmissibility)

43

2005/C 217/95

Order of the Court of First Instance of 1 July 2005 in Case T-482/04: KOMSA Kommunikation Sachsen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of the opposition — Case does not proceed to judgment)

43

2005/C 217/96

Order of the President of the Court of First Instance of 22 June 2005 in Case T-171/05 R: Bart Nijs v Court of Auditors of the European Communities (Proceedings for interim relief — Officials — Suspension of operation of a measure — Admissibility)

44

2005/C 217/97

Case T-186/05: Action brought on 10 May 2005 by Alenia Marconi Systems SpA against the Commission of the European Communities

44

2005/C 217/98

Case T-222/05: Action brought on 9 June 2005 by Francisco Rossi Ferreras against the Commission of the European Communities

45

2005/C 217/99

Case T-223/05: Action brought on 8 June 2005 by CAMAR Srl against the Commission of the European Communities

45

2005/C 217/100

Case T-233/05: Action brought on 23 June 2005 by Nomura Principal Investment Plc and Nomura International Plc against the Commission of the European Communities

46

2005/C 217/101

Case T-245/05: Action brought on 4 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

46

2005/C 217/102

Case T-246/05: Action brought on 4 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

47

2005/C 217/103

Case T-247/05: Action brought on 4 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

48

2005/C 217/104

Case T-248/05: Action brought on 1 July 2005 by MP Temporärpersonal GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

49

2005/C 217/105

Case T-249/05: Action brought on 30 June 2005 by Tineke Duyster against the Commission of the European Communities

50

2005/C 217/106

Case T-250/05: Action brought on 24 June 2005 by European Dynamics S.A. against the Office for Official Publications of the European Communities

50

2005/C 217/107

Case T-251/05: Action brought on 1 July 2005 by Mediocurso — Estabelecimento de Ensino Particular, SA against the Commission of the European Communities

51

2005/C 217/108

Case T-255/05: Action brought on 8 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

52

2005/C 217/109

Case T-259/05: Action brought on 8 July 2005 by Kingdom of Spain against the Commission of the European Communities

52

2005/C 217/110

Case T-262/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

53

2005/C 217/111

Case T-263/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

54

2005/C 217/112

Case T-264/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

54

2005/C 217/113

Case T-273/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

55

2005/C 217/114

Case T-274/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

56

2005/C 217/115

Case T-275/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

56

2005/C 217/116

Case T-276/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

57

2005/C 217/117

Case T-277/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

58

2005/C 217/118

Case T-278/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

59

2005/C 217/119

Case T-279/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

60

2005/C 217/120

Case T-280/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

61

2005/C 217/121

Removal from the Register of Case T-50/97

61

2005/C 217/122

Removal from the Register of Case T-51/97

62

2005/C 217/123

Removal from the Register of Case T-53/97

62

2005/C 217/124

Removal from the Register of Case T-54/97

62

2005/C 217/125

Removal from the Register of Case T-55/97

62

2005/C 217/126

Removal from the Register of Case T-56/97

62

2005/C 217/127

Removal from the Register of Case T-57/97

62

2005/C 217/128

Removal from the Register of Case T-58/97

63

2005/C 217/129

Removal from the Register of Case T-59/97

63

2005/C 217/130

Removal from the Register of Case T-63/97

63

2005/C 217/131

Removal from the Register of Case T-65/97

63

2005/C 217/132

Removal from the Register of Case T-66/97

63

2005/C 217/133

Removal from the Register of Case T-67/97

63

2005/C 217/134

Removal from the Register of Case T-69/97

64

2005/C 217/135

Removal from the Register of Case T-145/97

64

2005/C 217/136

Removal from the Register of Case T-385/02

64

2005/C 217/137

Removal from the Register of Case T-437/03

64

---

| | III   Notices |
| --- | --- |
| 2005/C 217/138 | Last publication of the Court of Justice in the Official Journal of the European Union OJ C 205, 20.8.2005 | 65 |

III   Notices

2005/C 217/138

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 205, 20.8.2005

Official Journal of the European Union

65

---

| EN | |
| --- | --- |

EN