# Official Journal C 199/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 199 |
| | |
| English edition | Information and Notices | Volume 5025 August 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 199

English edition

Information and Notices

Volume 5025 August 2007

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Court of Justice |
| 2007/C 199/01 | Last publication of the Court of Justice in the Official Journal of the European UnionOJ C 183, 4.8.2007 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Court of Justice

2007/C 199/01

Last publication of the Court of Justice in the Official Journal of the European UnionOJ C 183, 4.8.2007

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2007/C 199/02 | Case C-466/03: Judgment of the Court (First Chamber) of 28 June 2007 (reference for a preliminary ruling from the Landgericht Baden-Baden (Germany)) — Albert Reiss Beteiligungsgesellschaft mbH v Land Baden-Württemberg (Directive 69/335/EEC — Indirect taxes on the raising of capital — National provisions which provide for notarial fees to be charged for the authentication of the transfer of shares in limited liability companies — Tax decision — Classification as a ‘duty similar to capital duty’ — Prior formality — Duties on the transfer of securities — Duties paid by way of fees or dues) | 2 |
| 2007/C 199/03 | Case C-235/04: Judgment of the Court (Second Chamber) of 28 June 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection areas — IBA 98 — Value — Quality of the data — Criteria — Margin of discretion — Manifest inadequacy as to number and size of areas classified) | 2 |
| 2007/C 199/04 | Case C-284/04: Judgment of the Court (Grand Chamber) of 26 June 2007 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien (Austria)) — T-Mobile Austria GmbH, 3G Mobile Telecommunications GmbH, Mobilkom austria Aktiengesellschaft, formerly mobilkom austria AG & Co. KG, Master-talk Austria Telekom Service GmbH & Co. KG, ONE GmbH, Hutchison 3G Austria GmbH, Tele.ring Telekom Service GmbH, successor to TRA 3G Mobilfunk GmbH v Republik Österreich (Sixth VAT Directive — Taxable transactions — Definition of ‘economic activity’ — Article 4(2) — Allocation of rights making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services) | 3 |
| 2007/C 199/05 | Case C-369/04: Judgment of the Court (Grand Chamber) of 26 June 2007 (reference for a preliminary ruling from the VAT and Duties Tribunal, London — United Kingdom) — Hutchison 3G UK Ltd, mmO2 plc, Orange 3G Ltd, T-Mobile (UK) Ltd, Vodafone Group Services Ltd v Commissioners of Customs and Excise (Sixth VAT Directive — Taxable transactions — Definition of ‘economic activity’ — Article 4(2) — Allocation of licences making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services) | 3 |
| 2007/C 199/06 | Case C-522/04: Judgment of the Court (Second Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Freedom of movement for persons — Freedom of movement for workers — Freedom to provide services — Freedom of establishment — Free movement of capital — Articles 28, 31, 36 and 40 of the Agreement on the European Economic Area — Directive 2002/83/EC — Tax legislation providing for less favourable treatment of contributions to occupational pension schemes paid to insurance undertakings established abroad — Taxation in Belgium of capital and surrender values paid to beneficiaries who have transferred their residence abroad — Tax convention preventing double taxation — Representative responsible) | 4 |
| 2007/C 199/07 | Case C-255/05: Judgment of the Court (Second Chamber) of 5 July 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Assessment of the effects of certain projects on the environment — Waste recovery — Implementation of the ‘third line’ of the Brescia waste incinerator — Publicity for the application for a permit — Directives 75/442/EEC, 85/337/EEC and 2000/76/EC) | 5 |
| 2007/C 199/08 | Case C-305/05: Judgment of the Court (Grand Chamber) of 26 June 2007 (reference for a preliminary ruling from the Cour constitutionnelle (formerly Cour d'arbitrage) (Belgium)) — Ordre des barreaux francophones and germanophone, Ordre français des avocats du barreau de Bruxelles, Ordre des barreaux flamands, Ordre néerlandais des avocats du barreau de Bruxelles v Conseil des Ministres (Directive 91/308/EEC — Prevention of the use of the financial system for the purpose of money laundering — Obligation on lawyers to inform the competent authorities of any fact which might be an indication of money laundering — Right to a fair trial — Professional secrecy and the independence of lawyers) | 6 |
| 2007/C 199/09 | Case C-321/05: Judgment of the Court (First Chamber) of 5 July 2007 (reference for a preliminary ruling from the Østre Landsret (Denmark)) — Hans Markus Kofoed v Skatteministeriet (Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares — National decision to tax an exchange of shares — Exchange of shares — Distribution of a dividend shortly afterwards — Abuse of rights) | 6 |
| 2007/C 199/10 | Case C-327/05: Judgment of the Court (First Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Directive 85/374/EEC — Liability for defective products — Liability of the supplier for a defective product) | 7 |
| 2007/C 199/11 | Case C-331/05 P: Judgment of the Court (Second Chamber) of 28 June 2007 — Internationaler Hilfsfonds eV v Commission of the European Communities (Appeal — Non-contractual liability — Causal link — Costs relating to proceedings before the European Ombudsman) | 7 |
| 2007/C 199/12 | Case C-363/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the VAT and Duties Tribunal, London — United Kingdom) — JP Morgan Fleming Claverhouse Investment Trust plc, The Association of Investment Trust Companies v The Commissioners of HM Revenue and Customs (Sixth VAT Directive — Article 13B(d)(6) — Exemption — Special investment funds — Meaning — Definition by the Member States — Discretion — Limits — Closed-ended funds) | 8 |
| 2007/C 199/13 | Case C-430/05: Judgment of the Court (First Chamber) of 5 July 2007 (reference for a preliminary ruling from the Simvoulio tis Epikratias — Greece) — Dionik Anonimi Etairia Emporias I/I, Logismikou & Parokhis Ipiresion Mikhanografisis, Ioannis Mikhail Pikoulas v Epitropi Kefalaiagoras (Directive 2001/34/EC — Article 21 — Admission of securities to official stock exchange listing — Listing particulars (prospectus) — Publication of inaccurate information — Persons responsible — Members of the board of directors) | 8 |
| 2007/C 199/14 | Case C-467/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Criminal proceedings against Giovanni Dell'Orto (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Directive 2004/80/EC — Concept of ‘victim’ in criminal proceedings — Legal person — Return of property seized in the course of criminal proceedings) | 9 |
| 2007/C 199/15 | Case C-1/06: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Bonn Fleisch Ex- und Import GmbH v Hauptzollamt Hamburg-Jonas (Agriculture — System of export refunds on agricultural products — Regulation (EEC) No 3665/87 — Furnishing of proof of export of the products — Production of equivalent proof — Article 47(3) — Recognition by the authorities of their own motion as equivalent proof of documents not accompanied by an express reasoned request for them to be regarded as equivalent — Not applicable to direct export — National procedural rules — Obligations of the competent national authorities) | 9 |
| 2007/C 199/16 | Case C-73/06: Judgment of the Court (Fourth Chamber) of 28 June 2007 (reference for a preliminary ruling from the Finanzgericht Köln, Germany) — Planzer Luxembourg Sàrl v Bundeszentralamt für Steuern (Sixth VAT Directive — Article 17(3) and (4) — Refund of VAT — Eighth VAT Directive — Refund of VAT to taxable persons not established inside the country — Articles 3(b) and 9, second paragraph — Annex B — Certificate of status as a taxable person — Legal scope — Thirteenth VAT Directive — Refund of VAT to taxable persons not established in Community territory — Article 1(1) — Concept of ‘business’) | 10 |
| 2007/C 199/17 | Case C-145/06 and C-146/06: Judgment of the Court (Third Chamber) of 5 July 2007 (reference for a preliminary ruling from the Commissione tributaria di secondo grado di Trento, Italy) — Fendt Italiana Srl v Agenzia Dogane Ufficio Dogane di Trento (Directive 2003/96/EC — Community framework for the taxation of energy products and electricity — Scope of the directive — Mineral oils — Lubricating oils used for purposes other than as motor fuels or as heating fuels — Not included — Repeal of Directive 92/81/EEC — National taxation scheme) | 11 |
| 2007/C 199/18 | Case C-181/06: Judgment of the Court (Second Chamber) of 5 July 2007 (reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto — Portugal) — Deutsche Lufthansa AG v ANA-Aeroportos de Portugal SA (Air transport — Airports — Groundhandling — Levying of a fee for ground administration and supervision) | 11 |
| 2007/C 199/19 | Case C-317/06: Judgment of the Court (Seventh Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Spain (Failure of Member State to fulfil obligations — Directive 2002/14/EC — Informing and consulting employees in the European Community — Failure to transpose within the period prescribed) | 12 |
| 2007/C 199/20 | Case C-340/06: Judgment of the Court (Sixth Chamber) of 5 July 2007 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2003/4/EC — Public access to environmental information — Failure to transpose within the period prescribed) | 12 |
| 2007/C 199/21 | Case C-410/06: Judgment of the Court (Seventh Chamber) of 28 June 2007 — Commission of the European Communities v Portuguese Republic (Failure of Member State to fulfil obligations — Directive 2002/15/EC — Organisation of the working time of persons performing mobile road transport activities — Failure to transpose within the period prescribed) | 13 |
| 2007/C 199/22 | Case C-420/05 P: Order of the Court of 15 May 2007 — Ricosmos BV v Commission of the European Communities (Appeal — Customs code — External Community transit operation — Remission of import duties — Conditions — Compliance with time-limits — Compliance with the rights of the defence — Principle of proportionality — Notion of manifest negligence — Appeal manifestly inadmissible in part and manifestly unfounded in part) | 13 |
| 2007/C 199/23 | Case C-438/06: Order of the Court (Fifth Chamber) of 23 May 2007 (reference for a preliminary ruling from the Sozialgericht Würzburg, Germany) — Otmar Greser v Bundesagentür für Arbeit (Preliminary reference — Manifest inadmissibility) | 14 |
| 2007/C 199/24 | Joined Cases C-72/07 and C-111/07: Order of the Court (Eighth Chamber) of 13 June 2007 (references for a preliminary ruling from the Tribunal Superior de Justicia de Asturias (Spain)) — José Manuel Blanco Pérez, María del Pilar Chao Gómez v Consejería de Salud y Servicios Sanitarios, Federación Empresarial de Farmacéuticos (FEFE), Principado de Asturias (Reference for a preliminary ruling — Inadmissibility) | 14 |
| 2007/C 199/25 | Case C-193/07: Action brought on 5 April 2007 — Commission of the European Communities v Republic of Poland | 14 |
| 2007/C 199/26 | Case C-227/07: Action brought on 8 May 2007 — Commission of the European Communities v Republic of Poland | 16 |
| 2007/C 199/27 | Case C-243/07 P: Appeal brought on 22 May 2007 by Carsten Brinkmann against the judgment of the Court of First Instance (Fifth Chamber) delivered on 22 March 2007 in Case T-322/05 Carsten Brinkmann v Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 17 |
| 2007/C 199/28 | Case C-261/07: Reference for a preliminary ruling from the Rechtbank van Koophandel te Antwerpen (Belgium) lodged on 1 June 2007 — VTB-VAB NV v Total Belgium NV | 18 |
| 2007/C 199/29 | Case C-265/07: Reference for a preliminary ruling from the Tribunale Civile di Roma (Italy) lodged on 4 June 2007 — Caffaro Srl v Azienda Unità Sanitaria Locale RM/C | 18 |
| 2007/C 199/30 | Case C-269/07: Action brought on 6 June 2007 — Commission of the European Communities v Federal Republic of Germany | 19 |
| 2007/C 199/31 | Case C-270/07: Action brought on 6 June 2007 — Commission of the European Communities v Federal Republic of Germany | 20 |
| 2007/C 199/32 | Case C-275/07: Action brought on 8 June 2007 — Commission of the European Communities v Italian Republic | 21 |
| 2007/C 199/33 | Case C-282/07: Reference for a preliminary ruling from the Cour d'appel de Liège (Belgium) lodged on 13 June 2007 — Belgian State v Truck Center SA | 21 |
| 2007/C 199/34 | Case C-283/07: Action brought on 12 June 2007 — Commission of the European Communities v Italian Republic | 22 |
| 2007/C 199/35 | Case C-288/07: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 14 June 2007 — The Commissioners of Her Majesty's Revenue & Customs v Isle of Wight Council, Mid-Suffolk District Council, South Tyneside Metropolitan Borough Council, West Berkshire District Council | 23 |
| 2007/C 199/36 | Case C-299/07: Reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen (Belgium) lodged on 27 June 2007 — Galatea BVBA v Sanoma Magazines Belgium NV | 23 |
| 2007/C 199/37 | Case C-307/07: Action brought on 4 July 2007 — Commission of the European Communities v Portuguese Republic | 23 |
| 2007/C 199/38 | Case C-314/07: Action brought on 6 July 2007 — Commission of the European Communities v Portuguese Republic | 24 |
| 2007/C 199/39 | Case C-172/06: Order of the President of the Court of 13 June 2007 — Commission of the European Communities v Kingdom of Spain | 24 |
| 2007/C 199/40 | Case C-185/06: Order of the President of the Court of 5 June 2007 (reference for a preliminary ruling from the Court of Appeal — United Kingdom ) — British Telecommunications plc, The Queen v The Commissioners of Her Majesty's Revenue and Customs | 24 |
| 2007/C 199/41 | Case C-272/06: Order of the President of the Court of 12 June 2007 (reference for a preliminary ruling from the Cour d'Appel d'Angers — France) — EARL Mainelvo v. Denkavit France SARL | 25 |
| 2007/C 199/42 | Case C-479/06: Order of the President of the Court of 19 June 2007 — Commission of the European Communities v Hellenic Republic | 25 |
| 2007/C 199/43 | Case C-41/07: Order of the President of the Court of 18 June 2007 — Commission of the European Communities v Portuguese Republic | 25 |
| 2007/C 199/44 | Case C-80/07: Order of the President of the Court of 20 June 2007 — Commission of the European Communities v Hellenic Republic | 25 |
| 2007/C 199/45 | Case C-91/07: Order of the President of the Court of 18 June 2007 — Commission of the European Communities v Italian Republic | 25 |
| 2007/C 199/46 | Case C-119/07: Order of the President of the Court of 20 June 2007 (reference for a preliminary ruling from the Verwaltungsgericht Darmstadt — Germany) — Container Service Thorsten Sperzel GmbH v Land Hessen | 25 |
| | Court of First Instance |
| 2007/C 199/47 | Case T-45/01: Judgment of the Court of First Instance (First Chamber) of 12 July 2007 — Sanders and Others v Commission (Staff employed at the JET Joint Undertaking — Application of a legal status different from that of members of the temporary staff — Compensation for material damage sustained) | 26 |
| 2007/C 199/48 | Case T-144/02: Judgment of the Court of First Instance (First Chamber) of 12 July 2007 — Eagle and Others v Commission (Staff employed at the JET Joint Undertaking — Application of a legal status different from that of members of the temporary staff — Compensation for material damage sustained) | 26 |
| 2007/C 199/49 | Case T-47/03: Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 — Jose Maria Sison v Council of the European Union (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Competence of the Community — Action for annulment — Rights of the defence — Statement of reasons — Right to effective judicial protection — Action for damages) | 27 |
| 2007/C 199/50 | Case T-90/03: Judgment of the Court of First Instance of 11 July 2007 — Fédération des industries condimentaires de France and Others v Commission (Non-contractual liability — Incompatibility of the Community prohibition on the importation of meat containing substances having a hormonal action with the rules of the World Trade Association (WTO) — Imposition by the United States of America of a surcharge on the import of products from the Community pursuant to WTO authorisation — Termination by the Commission of proceedings to investigate trade barriers — Application for compensation of groups of Community exporters adversely affected by the surcharge) | 27 |
| 2007/C 199/51 | Case T-93/03: Judgment of the Court of First Instance of 11 July 2007 — Konidaris v Commission (Officials — Recruitment — Post of director at Grade A2 — Rejection of application — Actions for annulment — Obligation to state reasons — Lawfulness of the comparative examination of applicants — Assessment of the qualifications of the candidate appointed) | 28 |
| 2007/C 199/52 | Case T-263/03: Order of the Court of First Instance of 11 July 2007 — Mülhens v OHIM — Conceria Toska (TOSKA) (Community trade mark — Opposition proceedings — Application for Community word mark TOSKA — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94) | 28 |
| 2007/C 199/53 | Case T-266/03: Judgment of the Court of First Instance of 12 July 2007 — CB v Commission (Competition — Agreements, decisions and concerted practices — Bankcards — Decision ordering an investigation — Article 14(3) of Regulation No 17 — Statement of reasons — Proportionality) | 29 |
| 2007/C 199/54 | Case T-327/03: Judgment of the Court of First Instance of 11 July 2007 — Stichting Al-Aqsa v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Action for annulment — Statement of reasons) | 29 |
| 2007/C 199/55 | Case T-351/03: Judgment of the Court of First Instance of 11 July 2007 — Schneider Electric v Commission (Non-contractual liability of the Community — Loss sustained by an undertaking as a result of a sufficiently serious breach of Community law vitiating the control procedure relating to a merger's compatibility with the common market) | 29 |
| 2007/C 199/56 | Case T-28/04: Order of the Court of First Instance of 11 July 2007 — Mülhens v OHIM — Cara (TOSKA LEATHER) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark TOSKA LEATHER — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94) | 30 |
| 2007/C 199/57 | Case T-150/04: Judgment of the Court of First Instance of 11 July 2007 — Mülhens v OHIM/Minoronzoni (TOSCA BLU) (Community trade mark — Opposition procedure — Application for figurative Community trade mark TOSCA BLU — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94) | 31 |
| 2007/C 199/58 | Case T-167/04: Judgment of the Court of First Instance of 11 July 2007 — Asklepios Kliniken GmbH v Commission of the European Communities (State aid — Public hospitals — Compensation for operating losses and provision of guarantees — Complaint — Failure by the Commission to define its position — Action for failure to act — Locus standi — Admissibility — Reasonable time frame — Regulation (EC) No 659/1999) | 31 |
| 2007/C 199/59 | Case T-192/04: Judgment of the Court of First Instance of 11 July 2007 — Flex Equipos de Descanso, SA v OHIM — Leggett & Platt (LURA-FLEX) (Community trade mark — Opposition proceedings — Application for Community word mark LURA-FLEX — Earlier national figurative marks containing the word element ‘flex’ — Submission to the Opposition Division out of time of translations of documents provided in support of the reputation of earlier marks — Obligation on the Board of Appeal to assess the need to take account of the documents translated) | 32 |
| 2007/C 199/60 | Case T-229/04: Judgment of the Court of First Instance of 11 July 2007 — Sweden v Commission (Directive 91/414/EEC — Plant protection products — Active substance paraquat — Authorisation to place products on the market — Authorisation procedure — Protection of human and animal health) | 32 |
| 2007/C 199/61 | Case T-458/04: Judgment of the Court of First Instance of 3 July 2007 — Au Lys de France v Commission (Competition — Dominant position — Market in the supply of sites for the operation of retail businesses at Roissy-Charles-de-Gaulle airport held by the operator Aéroports de Paris — Rejection of a complaint — Action for annulment — No Community interest) | 33 |
| 2007/C 199/62 | Case T-475/04: Judgment of the Court of First Instance of 4 July 2007 — Bouygues and Bouygues Télécom v Commission (State Aid — Mobile telephony — Alteration of the fees payable by Orange and SFR for the UMTS licences — Decision finding no State aid) | 33 |
| 2007/C 199/63 | Case T-502/04: Judgment of the Court of First Instance of 4 July 2007 — Lopparelli v Commission (Civil service — Officials — Promotion — 2003 promotions procedure — Award of promotion points) | 34 |
| 2007/C 199/64 | Case T-58/05: Judgment of the Court of First Instance of 11 July 2007 — Centeno Mediavilla and Others v Commission (Staff cases — Officials — Appointment — Entry into force of the new Staff Regulations — Transitional rules on classification of the grade on recruitment — Article 12 to Annex XIII of the new Staff Regulations) | 34 |
| 2007/C 199/65 | Case T-229/05: Judgment of the Court of First Instance of 12 July 2007 — AEPI v Commission (Competition — Copyright and related rights — Regulation (EC) No 1/2003 — Obligations relating to investigation of complaints — Absence of Community interest — Rejection) | 34 |
| 2007/C 199/66 | Case T-250/05: Judgment of the Court of First Instance of 12 July 2007 — Evropaiki Dynamiki v Commission (Public service contracts — Community tendering procedure — Provision of services for the collection, production and dissemination of electronic publications, in particular the Supplement to the Official Journal of the European Union — Rejection of a tender — Equal treatment — Obligation to state reasons — No manifest error of assessment) | 35 |
| 2007/C 199/67 | Case T-312/05: Judgment of the Court of First Instance of 12 July 2007 — Commission v Alexiadou (Arbitration clause — Contract concerning a project for the development of a new technology for producing impermeable leathers — Reimbursement of an advance payment — Interest — Default proceedings) | 35 |
| 2007/C 199/68 | Case T-411/05: Judgment of the Court of First Instance of 12 July 2007 — Annemans v Commission (Application for annulment — Competition — Handling of complaints — Regulation (EC) No 773/2004 — Commission letter sent to the complainant — Plea of inadmissibility — Preparatory measure — Measure not capable of being appealed — Inadmissibility) | 36 |
| 2007/C 199/69 | Case T-443/05: Judgment of the Court of First Instance of 11 July 2007 — El Corte Inglés SA v OHIM (PiraÑAM diseño original Juan Bolaños) (Community trade mark — Opposition proceedings — Application for a Community figurative mark including the word elements ‘PiraÑAM diseño original Juan Bolaños’ — Earlier national word marks PIRANHA — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94) | 36 |
| 2007/C 199/70 | Case T-170/06: Judgment of the Court of First Instance of 11 July 2007 — Alrosa v Commission (Competition — Abuse of a dominant position — World market for the production and supply of rough diamonds — Decision making binding the commitments proposed by the undertaking in a dominant position — Article 9 of Regulation (EC) No 1/2003 — Principle of proportionality — Contractual freedom — Right to be heard) | 37 |
| 2007/C 199/71 | Case T-247/06 P: Judgment of the Court of First Instance of 5 July 2007 — Sanchez Ferriz v Commission (Appeal — Civil service — Officials — Career development report — 2003 promotions procedure — Appeal unfounded) | 37 |
| 2007/C 199/72 | Case T-282/06: Judgment of the Court of First Instance of 9 July 2007 — Sun Chemical Group and Others v Commission (Competition — Concentration — European rosin resin market for printing ink applications — Decision declaring a concentration compatible with the common market — Guidelines on the assessment of horizontal mergers — Market shares and concentration levels — Non-coordinated effects — Coordinated effects — Obligation to state reasons) | 37 |
| 2007/C 199/73 | Case T-431/04 R: Order of the President of the Court of First Instance of 18 June 2007 — Italy v Commission (Interim relief — Application for interim measures — Regulation (EC) No 1429/2004 — Common organisation of the market in wine — System for the use of names of vine varieties and their synonyms — Use limited in time — Application devoid of purpose) | 38 |
| 2007/C 199/74 | Case T-194/07: Action brought on 4 June 2007 — Czech Republic v Commission | 38 |
| 2007/C 199/75 | Case T-214/07: Action brought on 15 June 2007 — Hellenic Republic v Commission | 39 |
| 2007/C 199/76 | Case T-220/07: Action brought on 18 June 2007 — Transports Schiocchet — Excursions v Commission of the European Communities | 40 |
| 2007/C 199/77 | Case T-221/07: Action brought on 26 June 2007 — Republic of Hungary v Commission of the European Communities | 41 |
| 2007/C 199/78 | Case T-222/07 P: Appeal brought on 25 June 2007 by Petrus Kerstens against the order of the Civil Service Tribunal made on 25 April 2007 in Case F-59/06, Kerstens v Commission | 41 |
| 2007/C 199/79 | Case T-223/07 P: Appeal brought on 27 June 2007 by Michel Thierry against the order of the Civil Service Tribunal delivered on 16 April 2007 in Case F-82/05, Thierry v Commission | 42 |
| 2007/C 199/80 | Case T-224/07: Action brought on 22 June 2007 — Imperial Chemical Industries v OHIM (LIGHT & SPACE) | 42 |
| 2007/C 199/81 | Case T-229/07: Action brought on 29 January 2007 — Vitro Corporativo v OHIM — VALLON (V) | 43 |
| 2007/C 199/82 | Case T-230/07: Action brought on 2 July 2007 — Laboratorios Del Dr. Esteve v OHIM — Ester C (ESTER-E) | 43 |
| 2007/C 199/83 | Case T-231/07: Action brought on 29 June 2007 — ITT Manufacturing Enterprises v OHIM — ITT Trademark & Trade (I.T.T.) | 44 |
| 2007/C 199/84 | Case T-232/07: Action brought on 5 July 2007 — Spain v Commission | 44 |
| 2007/C 199/85 | Case T-395/05: Order of the Court of First Instance of 13 June 2007 — Multikauf Warenhandelsgesellschaft v OHIM — Demo Holding (webmulti) | 44 |
| 2007/C 199/86 | Case T-317/06: Order of the Court of First Instance of 7 June 2007 — Panrico v OHIM — HDN Development (Krispy Kreme DOUGHNUTS) | 45 |
| 2007/C 199/87 | Case T-396/06: Order of the Court of First Instance of 12 June 2007 — Commission v TGA Technische Gebäudeausrüstung Chemnitz | 45 |
| | European Union Civil Service Tribunal |
| 2007/C 199/88 | Case F-105/05: Judgment of the Civil Service Tribunal (Third Chamber) of 11 July 2007 — Dieter Wils v European Parliament (Staff cases — Officials — Pensions — Increase in the rate of contribution under the pension scheme pursuant to the provisions of the Staff Regulations in the version thereof in force from 1 May 2004) | 46 |
| 2007/C 199/89 | Case F-24/06: Judgment of the Civil Service Tribunal (Second Chamber) of 5 July 2007 — Abarca Montiel and Others v Commission (Staff cases — Members of the contract staff — Grading and remuneration — Office for Infrastructure and Logistics Brussels (OIB) — Nursery attendants — Former salaried employees under Belgian law — Change of applicable regime — Equal treatment) | 46 |
| 2007/C 199/90 | Case F-25/06: Judgment of the Civil Service Tribunal (Second Chamber) of 5 July 2007 — Ider, Desorbay and Noschese v Commission (Staff cases — Members of the contract staff — Grading and remuneration — Office for Infrastructure and Logistics Brussels (OIB) — Staff entrusted with executive duties — Former salaried employees under Belgian law — Change of applicable regime — Equal treatment) | 47 |
| 2007/C 199/91 | Case F-26/06: Judgment of the Civil Service Tribunal of 5 July 2007 — Bertolete and Others v Commission (Officials — Contract staff — Classification and remuneration — Office for Infrastructure and Logistics Brussels (OIB) — Nursery school teachers — Former paid employees under Belgian law — Change of applicable regime — Equal treatment) | 47 |
| 2007/C 199/92 | Case F-93/06: Judgment of the Civil Service Tribunal (Second Chamber) of 5 July 2007 — Dethomas v Commission (Staff cases — Former member of the temporary staff — Appointment as an official — Amendment of the Staff Regulations of 1 May 2004 — Third paragraph of Article 32 of the Staff Regulations — Classification by step) | 48 |
| 2007/C 199/93 | Case F-117/05: Order of the Civil Service Tribunal (Second Chamber) of 2 July 2007 — Sanchez Ferriz v Commission (Staff cases — Officials — Promotion — Failure to include on the list of officials promoted — 2004 promotion exercise — Priority Points — Merit — Seniority — Admissibility) | 48 |
| 2007/C 199/94 | Case F-51/06: Order of the Civil Service Tribunal (First Chamber) of 20 June 2007 — Tesoka v Eurofound (Staff cases — Members of the temporary staff — European Foundation for the Improvement of Living and Working Conditions — Resignation — Action for annulment and damages — No decision adversely affecting an individual — Manifest inadmissibility) | 48 |
| 2007/C 199/95 | Case F-28/07: Action brought on 23 March 2007 — Martin v Court of Justice | 49 |
| 2007/C 199/96 | Case F-49/07: Action brought on 23 May 2007 — R v Commission | 49 |
| 2007/C 199/97 | Case F-54/07: Action brought on 11 June 2007 — Joseph v Commission | 50 |
| 2007/C 199/98 | Case F-58/07: Action brought on 16 June 2007 — Collotte v Commission | 50 |
| 2007/C 199/99 | Case F-59/07: Action brought on 15 June 2007 — Feral v Committee of the Regions | 51 |
| 2007/C 199/00 | Case F-60/07: Action brought on 18 June 2007 — Martin Bermejo v Commission | 52 |
| 2007/C 199/01 | Case F-61/07: Action brought on 18 June 2007 — Bauch v Commission | 52 |
| 2007/C 199/02 | Case F-62/07: Action brought on 20 June 2007 — De Fays v Commission | 53 |
| 2007/C 199/03 | Case F-64/07: Action brought on 28 June 2007 — S v European Parliament | 53 |
| 2007/C 199/04 | Case F-66/07: Action brought on 3 July 2007 — Dubus and Leveque v Commission | 54 |
| 2007/C 199/05 | Case F-127/06: Order of the Civil Service Tribunal (First Chamber) of 27 June 2007 — H v Council | 54 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2007/C 199/02

Case C-466/03: Judgment of the Court (First Chamber) of 28 June 2007 (reference for a preliminary ruling from the Landgericht Baden-Baden (Germany)) — Albert Reiss Beteiligungsgesellschaft mbH v Land Baden-Württemberg (Directive 69/335/EEC — Indirect taxes on the raising of capital — National provisions which provide for notarial fees to be charged for the authentication of the transfer of shares in limited liability companies — Tax decision — Classification as a ‘duty similar to capital duty’ — Prior formality — Duties on the transfer of securities — Duties paid by way of fees or dues)

2

2007/C 199/03

Case C-235/04: Judgment of the Court (Second Chamber) of 28 June 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Special protection areas — IBA 98 — Value — Quality of the data — Criteria — Margin of discretion — Manifest inadequacy as to number and size of areas classified)

2

2007/C 199/04

Case C-284/04: Judgment of the Court (Grand Chamber) of 26 June 2007 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien (Austria)) — T-Mobile Austria GmbH, 3G Mobile Telecommunications GmbH, Mobilkom austria Aktiengesellschaft, formerly mobilkom austria AG & Co. KG, Master-talk Austria Telekom Service GmbH & Co. KG, ONE GmbH, Hutchison 3G Austria GmbH, Tele.ring Telekom Service GmbH, successor to TRA 3G Mobilfunk GmbH v Republik Österreich (Sixth VAT Directive — Taxable transactions — Definition of ‘economic activity’ — Article 4(2) — Allocation of rights making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services)

3

2007/C 199/05

Case C-369/04: Judgment of the Court (Grand Chamber) of 26 June 2007 (reference for a preliminary ruling from the VAT and Duties Tribunal, London — United Kingdom) — Hutchison 3G UK Ltd, mmO2 plc, Orange 3G Ltd, T-Mobile (UK) Ltd, Vodafone Group Services Ltd v Commissioners of Customs and Excise (Sixth VAT Directive — Taxable transactions — Definition of ‘economic activity’ — Article 4(2) — Allocation of licences making it possible to use a defined part of the radio-frequency spectrum reserved for telecommunications services)

2

3

2007/C 199/06

Case C-522/04: Judgment of the Court (Second Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Freedom of movement for persons — Freedom of movement for workers — Freedom to provide services — Freedom of establishment — Free movement of capital — Articles 28, 31, 36 and 40 of the Agreement on the European Economic Area — Directive 2002/83/EC — Tax legislation providing for less favourable treatment of contributions to occupational pension schemes paid to insurance undertakings established abroad — Taxation in Belgium of capital and surrender values paid to beneficiaries who have transferred their residence abroad — Tax convention preventing double taxation — Representative responsible)

4

2007/C 199/07

Case C-255/05: Judgment of the Court (Second Chamber) of 5 July 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Assessment of the effects of certain projects on the environment — Waste recovery — Implementation of the ‘third line’ of the Brescia waste incinerator — Publicity for the application for a permit — Directives 75/442/EEC, 85/337/EEC and 2000/76/EC)

5

2007/C 199/08

Case C-305/05: Judgment of the Court (Grand Chamber) of 26 June 2007 (reference for a preliminary ruling from the Cour constitutionnelle (formerly Cour d'arbitrage) (Belgium)) — Ordre des barreaux francophones and germanophone, Ordre français des avocats du barreau de Bruxelles, Ordre des barreaux flamands, Ordre néerlandais des avocats du barreau de Bruxelles v Conseil des Ministres (Directive 91/308/EEC — Prevention of the use of the financial system for the purpose of money laundering — Obligation on lawyers to inform the competent authorities of any fact which might be an indication of money laundering — Right to a fair trial — Professional secrecy and the independence of lawyers)

6

2007/C 199/09

Case C-321/05: Judgment of the Court (First Chamber) of 5 July 2007 (reference for a preliminary ruling from the Østre Landsret (Denmark)) — Hans Markus Kofoed v Skatteministeriet (Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares — National decision to tax an exchange of shares — Exchange of shares — Distribution of a dividend shortly afterwards — Abuse of rights)

6

2007/C 199/10

Case C-327/05: Judgment of the Court (First Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Directive 85/374/EEC — Liability for defective products — Liability of the supplier for a defective product)

7

2007/C 199/11

Case C-331/05 P: Judgment of the Court (Second Chamber) of 28 June 2007 — Internationaler Hilfsfonds eV v Commission of the European Communities (Appeal — Non-contractual liability — Causal link — Costs relating to proceedings before the European Ombudsman)

7

2007/C 199/12

Case C-363/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the VAT and Duties Tribunal, London — United Kingdom) — JP Morgan Fleming Claverhouse Investment Trust plc, The Association of Investment Trust Companies v The Commissioners of HM Revenue and Customs (Sixth VAT Directive — Article 13B(d)(6) — Exemption — Special investment funds — Meaning — Definition by the Member States — Discretion — Limits — Closed-ended funds)

8

2007/C 199/13

Case C-430/05: Judgment of the Court (First Chamber) of 5 July 2007 (reference for a preliminary ruling from the Simvoulio tis Epikratias — Greece) — Dionik Anonimi Etairia Emporias I/I, Logismikou & Parokhis Ipiresion Mikhanografisis, Ioannis Mikhail Pikoulas v Epitropi Kefalaiagoras (Directive 2001/34/EC — Article 21 — Admission of securities to official stock exchange listing — Listing particulars (prospectus) — Publication of inaccurate information — Persons responsible — Members of the board of directors)

8

2007/C 199/14

Case C-467/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Criminal proceedings against Giovanni Dell'Orto (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Directive 2004/80/EC — Concept of ‘victim’ in criminal proceedings — Legal person — Return of property seized in the course of criminal proceedings)

9

2007/C 199/15

Case C-1/06: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Bonn Fleisch Ex- und Import GmbH v Hauptzollamt Hamburg-Jonas (Agriculture — System of export refunds on agricultural products — Regulation (EEC) No 3665/87 — Furnishing of proof of export of the products — Production of equivalent proof — Article 47(3) — Recognition by the authorities of their own motion as equivalent proof of documents not accompanied by an express reasoned request for them to be regarded as equivalent — Not applicable to direct export — National procedural rules — Obligations of the competent national authorities)

9

2007/C 199/16

Case C-73/06: Judgment of the Court (Fourth Chamber) of 28 June 2007 (reference for a preliminary ruling from the Finanzgericht Köln, Germany) — Planzer Luxembourg Sàrl v Bundeszentralamt für Steuern (Sixth VAT Directive — Article 17(3) and (4) — Refund of VAT — Eighth VAT Directive — Refund of VAT to taxable persons not established inside the country — Articles 3(b) and 9, second paragraph — Annex B — Certificate of status as a taxable person — Legal scope — Thirteenth VAT Directive — Refund of VAT to taxable persons not established in Community territory — Article 1(1) — Concept of ‘business’)

10

2007/C 199/17

Case C-145/06 and C-146/06: Judgment of the Court (Third Chamber) of 5 July 2007 (reference for a preliminary ruling from the Commissione tributaria di secondo grado di Trento, Italy) — Fendt Italiana Srl v Agenzia Dogane Ufficio Dogane di Trento (Directive 2003/96/EC — Community framework for the taxation of energy products and electricity — Scope of the directive — Mineral oils — Lubricating oils used for purposes other than as motor fuels or as heating fuels — Not included — Repeal of Directive 92/81/EEC — National taxation scheme)

11

2007/C 199/18

Case C-181/06: Judgment of the Court (Second Chamber) of 5 July 2007 (reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto — Portugal) — Deutsche Lufthansa AG v ANA-Aeroportos de Portugal SA (Air transport — Airports — Groundhandling — Levying of a fee for ground administration and supervision)

11

2007/C 199/19

Case C-317/06: Judgment of the Court (Seventh Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Spain (Failure of Member State to fulfil obligations — Directive 2002/14/EC — Informing and consulting employees in the European Community — Failure to transpose within the period prescribed)

12

2007/C 199/20

Case C-340/06: Judgment of the Court (Sixth Chamber) of 5 July 2007 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2003/4/EC — Public access to environmental information — Failure to transpose within the period prescribed)

12

2007/C 199/21

Case C-410/06: Judgment of the Court (Seventh Chamber) of 28 June 2007 — Commission of the European Communities v Portuguese Republic (Failure of Member State to fulfil obligations — Directive 2002/15/EC — Organisation of the working time of persons performing mobile road transport activities — Failure to transpose within the period prescribed)

13

2007/C 199/22

Case C-420/05 P: Order of the Court of 15 May 2007 — Ricosmos BV v Commission of the European Communities (Appeal — Customs code — External Community transit operation — Remission of import duties — Conditions — Compliance with time-limits — Compliance with the rights of the defence — Principle of proportionality — Notion of manifest negligence — Appeal manifestly inadmissible in part and manifestly unfounded in part)

13

2007/C 199/23

Case C-438/06: Order of the Court (Fifth Chamber) of 23 May 2007 (reference for a preliminary ruling from the Sozialgericht Würzburg, Germany) — Otmar Greser v Bundesagentür für Arbeit (Preliminary reference — Manifest inadmissibility)

14

2007/C 199/24

Joined Cases C-72/07 and C-111/07: Order of the Court (Eighth Chamber) of 13 June 2007 (references for a preliminary ruling from the Tribunal Superior de Justicia de Asturias (Spain)) — José Manuel Blanco Pérez, María del Pilar Chao Gómez v Consejería de Salud y Servicios Sanitarios, Federación Empresarial de Farmacéuticos (FEFE), Principado de Asturias (Reference for a preliminary ruling — Inadmissibility)

14

2007/C 199/25

Case C-193/07: Action brought on 5 April 2007 — Commission of the European Communities v Republic of Poland

14

2007/C 199/26

Case C-227/07: Action brought on 8 May 2007 — Commission of the European Communities v Republic of Poland

16

2007/C 199/27

Case C-243/07 P: Appeal brought on 22 May 2007 by Carsten Brinkmann against the judgment of the Court of First Instance (Fifth Chamber) delivered on 22 March 2007 in Case T-322/05 Carsten Brinkmann v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Carsten Brinkmann

Office for Harmonisation in the Internal Market (Trade Marks and Designs)

17

2007/C 199/28

Case C-261/07: Reference for a preliminary ruling from the Rechtbank van Koophandel te Antwerpen (Belgium) lodged on 1 June 2007 — VTB-VAB NV v Total Belgium NV

18

2007/C 199/29

Case C-265/07: Reference for a preliminary ruling from the Tribunale Civile di Roma (Italy) lodged on 4 June 2007 — Caffaro Srl v Azienda Unità Sanitaria Locale RM/C

18

2007/C 199/30

Case C-269/07: Action brought on 6 June 2007 — Commission of the European Communities v Federal Republic of Germany

19

2007/C 199/31

Case C-270/07: Action brought on 6 June 2007 — Commission of the European Communities v Federal Republic of Germany

20

2007/C 199/32

Case C-275/07: Action brought on 8 June 2007 — Commission of the European Communities v Italian Republic

21

2007/C 199/33

Case C-282/07: Reference for a preliminary ruling from the Cour d'appel de Liège (Belgium) lodged on 13 June 2007 — Belgian State v Truck Center SA

21

2007/C 199/34

Case C-283/07: Action brought on 12 June 2007 — Commission of the European Communities v Italian Republic

22

2007/C 199/35

Case C-288/07: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 14 June 2007 — The Commissioners of Her Majesty's Revenue & Customs v Isle of Wight Council, Mid-Suffolk District Council, South Tyneside Metropolitan Borough Council, West Berkshire District Council

23

2007/C 199/36

Case C-299/07: Reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen (Belgium) lodged on 27 June 2007 — Galatea BVBA v Sanoma Magazines Belgium NV

23

2007/C 199/37

Case C-307/07: Action brought on 4 July 2007 — Commission of the European Communities v Portuguese Republic

23

2007/C 199/38

Case C-314/07: Action brought on 6 July 2007 — Commission of the European Communities v Portuguese Republic

24

2007/C 199/39

Case C-172/06: Order of the President of the Court of 13 June 2007 — Commission of the European Communities v Kingdom of Spain

24

2007/C 199/40

Case C-185/06: Order of the President of the Court of 5 June 2007 (reference for a preliminary ruling from the Court of Appeal — United Kingdom ) — British Telecommunications plc, The Queen v The Commissioners of Her Majesty's Revenue and Customs

24

2007/C 199/41

Case C-272/06: Order of the President of the Court of 12 June 2007 (reference for a preliminary ruling from the Cour d'Appel d'Angers — France) — EARL Mainelvo v. Denkavit France SARL

25

2007/C 199/42

Case C-479/06: Order of the President of the Court of 19 June 2007 — Commission of the European Communities v Hellenic Republic

25

2007/C 199/43

Case C-41/07: Order of the President of the Court of 18 June 2007 — Commission of the European Communities v Portuguese Republic

25

2007/C 199/44

Case C-80/07: Order of the President of the Court of 20 June 2007 — Commission of the European Communities v Hellenic Republic

25

2007/C 199/45

Case C-91/07: Order of the President of the Court of 18 June 2007 — Commission of the European Communities v Italian Republic

25

2007/C 199/46

Case C-119/07: Order of the President of the Court of 20 June 2007 (reference for a preliminary ruling from the Verwaltungsgericht Darmstadt — Germany) — Container Service Thorsten Sperzel GmbH v Land Hessen

25

Court of First Instance

2007/C 199/47

Case T-45/01: Judgment of the Court of First Instance (First Chamber) of 12 July 2007 — Sanders and Others v Commission (Staff employed at the JET Joint Undertaking — Application of a legal status different from that of members of the temporary staff — Compensation for material damage sustained)

26

2007/C 199/48

Case T-144/02: Judgment of the Court of First Instance (First Chamber) of 12 July 2007 — Eagle and Others v Commission (Staff employed at the JET Joint Undertaking — Application of a legal status different from that of members of the temporary staff — Compensation for material damage sustained)

26

2007/C 199/49

Case T-47/03: Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 — Jose Maria Sison v Council of the European Union (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Competence of the Community — Action for annulment — Rights of the defence — Statement of reasons — Right to effective judicial protection — Action for damages)

27

2007/C 199/50

Case T-90/03: Judgment of the Court of First Instance of 11 July 2007 — Fédération des industries condimentaires de France and Others v Commission (Non-contractual liability — Incompatibility of the Community prohibition on the importation of meat containing substances having a hormonal action with the rules of the World Trade Association (WTO) — Imposition by the United States of America of a surcharge on the import of products from the Community pursuant to WTO authorisation — Termination by the Commission of proceedings to investigate trade barriers — Application for compensation of groups of Community exporters adversely affected by the surcharge)

27

2007/C 199/51

Case T-93/03: Judgment of the Court of First Instance of 11 July 2007 — Konidaris v Commission (Officials — Recruitment — Post of director at Grade A2 — Rejection of application — Actions for annulment — Obligation to state reasons — Lawfulness of the comparative examination of applicants — Assessment of the qualifications of the candidate appointed)

28

2007/C 199/52

Case T-263/03: Order of the Court of First Instance of 11 July 2007 — Mülhens v OHIM — Conceria Toska (TOSKA) (Community trade mark — Opposition proceedings — Application for Community word mark TOSKA — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94)

28

2007/C 199/53

Case T-266/03: Judgment of the Court of First Instance of 12 July 2007 — CB v Commission (Competition — Agreements, decisions and concerted practices — Bankcards — Decision ordering an investigation — Article 14(3) of Regulation No 17 — Statement of reasons — Proportionality)

29

2007/C 199/54

Case T-327/03: Judgment of the Court of First Instance of 11 July 2007 — Stichting Al-Aqsa v Council (Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Action for annulment — Statement of reasons)

29

2007/C 199/55

Case T-351/03: Judgment of the Court of First Instance of 11 July 2007 — Schneider Electric v Commission (Non-contractual liability of the Community — Loss sustained by an undertaking as a result of a sufficiently serious breach of Community law vitiating the control procedure relating to a merger's compatibility with the common market)

29

2007/C 199/56

Case T-28/04: Order of the Court of First Instance of 11 July 2007 — Mülhens v OHIM — Cara (TOSKA LEATHER) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark TOSKA LEATHER — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94)

30

2007/C 199/57

Case T-150/04: Judgment of the Court of First Instance of 11 July 2007 — Mülhens v OHIM/Minoronzoni (TOSCA BLU) (Community trade mark — Opposition procedure — Application for figurative Community trade mark TOSCA BLU — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94)

31

2007/C 199/58

Case T-167/04: Judgment of the Court of First Instance of 11 July 2007 — Asklepios Kliniken GmbH v Commission of the European Communities (State aid — Public hospitals — Compensation for operating losses and provision of guarantees — Complaint — Failure by the Commission to define its position — Action for failure to act — Locus standi — Admissibility — Reasonable time frame — Regulation (EC) No 659/1999)

31

2007/C 199/59

Case T-192/04: Judgment of the Court of First Instance of 11 July 2007 — Flex Equipos de Descanso, SA v OHIM — Leggett & Platt (LURA-FLEX) (Community trade mark — Opposition proceedings — Application for Community word mark LURA-FLEX — Earlier national figurative marks containing the word element ‘flex’ — Submission to the Opposition Division out of time of translations of documents provided in support of the reputation of earlier marks — Obligation on the Board of Appeal to assess the need to take account of the documents translated)

32

2007/C 199/60

Case T-229/04: Judgment of the Court of First Instance of 11 July 2007 — Sweden v Commission (Directive 91/414/EEC — Plant protection products — Active substance paraquat — Authorisation to place products on the market — Authorisation procedure — Protection of human and animal health)

32

2007/C 199/61

Case T-458/04: Judgment of the Court of First Instance of 3 July 2007 — Au Lys de France v Commission (Competition — Dominant position — Market in the supply of sites for the operation of retail businesses at Roissy-Charles-de-Gaulle airport held by the operator Aéroports de Paris — Rejection of a complaint — Action for annulment — No Community interest)

33

2007/C 199/62

Case T-475/04: Judgment of the Court of First Instance of 4 July 2007 — Bouygues and Bouygues Télécom v Commission (State Aid — Mobile telephony — Alteration of the fees payable by Orange and SFR for the UMTS licences — Decision finding no State aid)

33

2007/C 199/63

Case T-502/04: Judgment of the Court of First Instance of 4 July 2007 — Lopparelli v Commission (Civil service — Officials — Promotion — 2003 promotions procedure — Award of promotion points)

34

2007/C 199/64

Case T-58/05: Judgment of the Court of First Instance of 11 July 2007 — Centeno Mediavilla and Others v Commission (Staff cases — Officials — Appointment — Entry into force of the new Staff Regulations — Transitional rules on classification of the grade on recruitment — Article 12 to Annex XIII of the new Staff Regulations)

34

2007/C 199/65

Case T-229/05: Judgment of the Court of First Instance of 12 July 2007 — AEPI v Commission (Competition — Copyright and related rights — Regulation (EC) No 1/2003 — Obligations relating to investigation of complaints — Absence of Community interest — Rejection)

34

2007/C 199/66

Case T-250/05: Judgment of the Court of First Instance of 12 July 2007 — Evropaiki Dynamiki v Commission (Public service contracts — Community tendering procedure — Provision of services for the collection, production and dissemination of electronic publications, in particular the Supplement to the Official Journal of the European Union — Rejection of a tender — Equal treatment — Obligation to state reasons — No manifest error of assessment)

Official Journal of the European Union

35

2007/C 199/67

Case T-312/05: Judgment of the Court of First Instance of 12 July 2007 — Commission v Alexiadou (Arbitration clause — Contract concerning a project for the development of a new technology for producing impermeable leathers — Reimbursement of an advance payment — Interest — Default proceedings)

35

2007/C 199/68

Case T-411/05: Judgment of the Court of First Instance of 12 July 2007 — Annemans v Commission (Application for annulment — Competition — Handling of complaints — Regulation (EC) No 773/2004 — Commission letter sent to the complainant — Plea of inadmissibility — Preparatory measure — Measure not capable of being appealed — Inadmissibility)

36

2007/C 199/69

Case T-443/05: Judgment of the Court of First Instance of 11 July 2007 — El Corte Inglés SA v OHIM (PiraÑAM diseño original Juan Bolaños) (Community trade mark — Opposition proceedings — Application for a Community figurative mark including the word elements ‘PiraÑAM diseño original Juan Bolaños’ — Earlier national word marks PIRANHA — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94)

36

2007/C 199/70

Case T-170/06: Judgment of the Court of First Instance of 11 July 2007 — Alrosa v Commission (Competition — Abuse of a dominant position — World market for the production and supply of rough diamonds — Decision making binding the commitments proposed by the undertaking in a dominant position — Article 9 of Regulation (EC) No 1/2003 — Principle of proportionality — Contractual freedom — Right to be heard)

37

2007/C 199/71

Case T-247/06 P: Judgment of the Court of First Instance of 5 July 2007 — Sanchez Ferriz v Commission (Appeal — Civil service — Officials — Career development report — 2003 promotions procedure — Appeal unfounded)

37

2007/C 199/72

Case T-282/06: Judgment of the Court of First Instance of 9 July 2007 — Sun Chemical Group and Others v Commission (Competition — Concentration — European rosin resin market for printing ink applications — Decision declaring a concentration compatible with the common market — Guidelines on the assessment of horizontal mergers — Market shares and concentration levels — Non-coordinated effects — Coordinated effects — Obligation to state reasons)

37

2007/C 199/73

Case T-431/04 R: Order of the President of the Court of First Instance of 18 June 2007 — Italy v Commission (Interim relief — Application for interim measures — Regulation (EC) No 1429/2004 — Common organisation of the market in wine — System for the use of names of vine varieties and their synonyms — Use limited in time — Application devoid of purpose)

38

2007/C 199/74

Case T-194/07: Action brought on 4 June 2007 — Czech Republic v Commission

38

2007/C 199/75

Case T-214/07: Action brought on 15 June 2007 — Hellenic Republic v Commission

39

2007/C 199/76

Case T-220/07: Action brought on 18 June 2007 — Transports Schiocchet — Excursions v Commission of the European Communities

40

2007/C 199/77

Case T-221/07: Action brought on 26 June 2007 — Republic of Hungary v Commission of the European Communities

41

2007/C 199/78

Case T-222/07 P: Appeal brought on 25 June 2007 by Petrus Kerstens against the order of the Civil Service Tribunal made on 25 April 2007 in Case F-59/06, Kerstens v Commission

41

2007/C 199/79

Case T-223/07 P: Appeal brought on 27 June 2007 by Michel Thierry against the order of the Civil Service Tribunal delivered on 16 April 2007 in Case F-82/05, Thierry v Commission

42

2007/C 199/80

Case T-224/07: Action brought on 22 June 2007 — Imperial Chemical Industries v OHIM (LIGHT & SPACE)

42

2007/C 199/81

Case T-229/07: Action brought on 29 January 2007 — Vitro Corporativo v OHIM — VALLON (V)

43

2007/C 199/82

Case T-230/07: Action brought on 2 July 2007 — Laboratorios Del Dr. Esteve v OHIM — Ester C (ESTER-E)

43

2007/C 199/83

Case T-231/07: Action brought on 29 June 2007 — ITT Manufacturing Enterprises v OHIM — ITT Trademark & Trade (I.T.T.)

44

2007/C 199/84

Case T-232/07: Action brought on 5 July 2007 — Spain v Commission

44

2007/C 199/85

Case T-395/05: Order of the Court of First Instance of 13 June 2007 — Multikauf Warenhandelsgesellschaft v OHIM — Demo Holding (webmulti)

44

2007/C 199/86

Case T-317/06: Order of the Court of First Instance of 7 June 2007 — Panrico v OHIM — HDN Development (Krispy Kreme DOUGHNUTS)

45

2007/C 199/87

Case T-396/06: Order of the Court of First Instance of 12 June 2007 — Commission v TGA Technische Gebäudeausrüstung Chemnitz

45

European Union Civil Service Tribunal

2007/C 199/88

Case F-105/05: Judgment of the Civil Service Tribunal (Third Chamber) of 11 July 2007 — Dieter Wils v European Parliament (Staff cases — Officials — Pensions — Increase in the rate of contribution under the pension scheme pursuant to the provisions of the Staff Regulations in the version thereof in force from 1 May 2004)

46

2007/C 199/89

Case F-24/06: Judgment of the Civil Service Tribunal (Second Chamber) of 5 July 2007 — Abarca Montiel and Others v Commission (Staff cases — Members of the contract staff — Grading and remuneration — Office for Infrastructure and Logistics Brussels (OIB) — Nursery attendants — Former salaried employees under Belgian law — Change of applicable regime — Equal treatment)

46

2007/C 199/90

Case F-25/06: Judgment of the Civil Service Tribunal (Second Chamber) of 5 July 2007 — Ider, Desorbay and Noschese v Commission (Staff cases — Members of the contract staff — Grading and remuneration — Office for Infrastructure and Logistics Brussels (OIB) — Staff entrusted with executive duties — Former salaried employees under Belgian law — Change of applicable regime — Equal treatment)

47

2007/C 199/91

Case F-26/06: Judgment of the Civil Service Tribunal of 5 July 2007 — Bertolete and Others v Commission (Officials — Contract staff — Classification and remuneration — Office for Infrastructure and Logistics Brussels (OIB) — Nursery school teachers — Former paid employees under Belgian law — Change of applicable regime — Equal treatment)

47

2007/C 199/92

Case F-93/06: Judgment of the Civil Service Tribunal (Second Chamber) of 5 July 2007 — Dethomas v Commission (Staff cases — Former member of the temporary staff — Appointment as an official — Amendment of the Staff Regulations of 1 May 2004 — Third paragraph of Article 32 of the Staff Regulations — Classification by step)

48

2007/C 199/93

Case F-117/05: Order of the Civil Service Tribunal (Second Chamber) of 2 July 2007 — Sanchez Ferriz v Commission (Staff cases — Officials — Promotion — Failure to include on the list of officials promoted — 2004 promotion exercise — Priority Points — Merit — Seniority — Admissibility)

48

2007/C 199/94

Case F-51/06: Order of the Civil Service Tribunal (First Chamber) of 20 June 2007 — Tesoka v Eurofound (Staff cases — Members of the temporary staff — European Foundation for the Improvement of Living and Working Conditions — Resignation — Action for annulment and damages — No decision adversely affecting an individual — Manifest inadmissibility)

48

2007/C 199/95

Case F-28/07: Action brought on 23 March 2007 — Martin v Court of Justice

49

2007/C 199/96

Case F-49/07: Action brought on 23 May 2007 — R v Commission

49

2007/C 199/97

Case F-54/07: Action brought on 11 June 2007 — Joseph v Commission

50

2007/C 199/98

Case F-58/07: Action brought on 16 June 2007 — Collotte v Commission

50

2007/C 199/99

Case F-59/07: Action brought on 15 June 2007 — Feral v Committee of the Regions

51

2007/C 199/00

Case F-60/07: Action brought on 18 June 2007 — Martin Bermejo v Commission

52

2007/C 199/01

Case F-61/07: Action brought on 18 June 2007 — Bauch v Commission

52

2007/C 199/02

Case F-62/07: Action brought on 20 June 2007 — De Fays v Commission

53

2007/C 199/03

Case F-64/07: Action brought on 28 June 2007 — S v European Parliament

53

2007/C 199/04

Case F-66/07: Action brought on 3 July 2007 — Dubus and Leveque v Commission

54

2007/C 199/05

Case F-127/06: Order of the Civil Service Tribunal (First Chamber) of 27 June 2007 — H v Council

54

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