# Official Journal C 190/24 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 190 |
| | |
| English edition | Information and Notices | Volume 4724 July 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 190

English edition

Information and Notices

Volume 4724 July 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Court of Justice |
| | COURT OF JUSTICE |
| 2004/C 190/1 | Judgment of the Court (Second Chamber) of 10 June 2004 in Case C-454/01: Commission of the European Communities v Federal Republic of Germany (Directive 96/59/EC — Waste management — Disposal of polychlorinated biphenyls and polychlorinated terphenyls) | 1 |
| 2004/C 190/2 | Judgment of the Court (First Chamber) of 10 June 2004 in Case C-87/02: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects — Project ‘Lotto zero’) | 1 |
| 2004/C 190/3 | Judgment of the Court (Second Chamber) of 10 June 2004 in Case C-168/02 (reference for a preliminary ruling from the Oberster Gerichtshof, (Austria)): Rudolf Kronhofer v Marianne Maier, Christian Möller, Wirich Hofius, Zeki Karan (Brussels Convention — Article 5(3) — Jurisdiction in matters relating to tort, delict or quasi-delict — Place where the harmful event occurred — Financial loss arising from capital investments in another Contracting State) | 2 |
| 2004/C 190/4 | Judgment of the Court (Grand Chamber) of 8 June 2004 in Case C-220/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Österreichischer Gewerkschaftsbund, Gewerkschaft der Privatangestellten v Wirtschaftskammer Österreich (Principle of equal pay for men and women — Concept of pay — Taking into account, for calculation of termination payments, of periods of military service — Possibility of comparing workers performing military service with women workers who, after their maternity leave, take parental leave the duration of which is not taken into account for calculating a termination payment) | 2 |
| 2004/C 190/5 | Judgment of the Court (Third Chamber) of 10 June 2004 in Case C-333/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Failure to transpose Directive 98/50/EC — Transfer of undertakings — Safeguarding of employees' rights) | 3 |
| 2004/C 190/6 | Case C-150/04: Action brought on 23 March 2004 by the Commission of the European Communities against the Kingdom of Denmark | 3 |
| 2004/C 190/7 | Case C-200/04: Reference for a preliminary ruling by the Bundesfinanzhof (Germany) by order of that court of 18 March 2004 in the case of Finanzamt Heidelberg (Heidelberg Tax Office) against iSt Internationale Sprach- und Studententreisen GmbH. | 5 |
| 2004/C 190/8 | Case C-203/04: Reference for a preliminary ruling by the Landgericht Frankfurt am Main by order of that court of 28 April 2004 in the case Gebrüder Stolle GmbH & Co. KG against Heidegold Geflügelspezialitäten GmbH | 5 |
| 2004/C 190/9 | Case C-210/04: Reference for a preliminary ruling by the Corte Suprema di Cassazione, Sezione Quinta Civile (Supreme Court of Cassation, Fifth Civil Chamber) by order of that court of 18 February 2004 in the case of Ministero dell'Economia e delle Finanze (Ministry of Economic Affairs and Finance) and Agenzia delle Entrate (Revenue Agency) against FCE Bank plc | 6 |
| 2004/C 190/10 | Case C-213/04: Reference for a preliminary ruling by the Oberster Gerichtshof (Supreme Court) by order of that court of 29 April 2004 in the case of Ewald Burtscher against Josef Stauderer | 6 |
| 2004/C 190/11 | Case C-214/04: Action brought on 19 May 2004 by the Commission of the European Communities against the Italian Republic | 6 |
| 2004/C 190/12 | Case C– 215/04: Reference for a preliminary ruling by the Østre Landsret by order of 14 May 2004 in the case of Marius Pedersen A/S v Miljøstyrelsen | 7 |
| 2004/C 190/13 | Case C-216/04: Reference for a preliminary ruling by the Consiglio di Stato in sede guirisdizionale, Sezione Quinta, by order of that court of 27 January 2004 in the case of SABA Italia SpA against the Comune di Bolzano and SEAB SpA | 8 |
| 2004/C 190/14 | Case C-222/04: Reference for a preliminary ruling by the Corte Suprema di Cassazione – Sezione Quinta Civile – by order of that court of 23 March 2004 in the case of Ministero dell'Economia e delle Finanze against Cassa di Risparmio di Firenze S.p.A., Fondazione Cassa di Risparmio di San Miniato e Cassa di Risparmio di San Miniato S.p.A. | 8 |
| 2004/C 190/15 | Case C-225/04: Action brought on 1 June 2004 by the Commission of the European Communities against the Republic of Finland | 9 |
| 2004/C 190/16 | Case C-226/04: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale del Lazio, Division Ia, by order of that court of 22 April 2004 in the case of ‘La Cascina’ s.c.r.l. and Zilch s.r.l. v Ministry of Defence, Ministry of Economy and Finance, and Pedus Service P. Dussmann s.r.l. and Others | 9 |
| 2004/C 190/17 | Case C-227/04 P: Appeal brought on 2 June 2004 by Marie-Luise Lindorfer against the judgment delivered on 18 March 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-204/01 between M.-L. Lindorfer and Council of the European Union | 10 |
| 2004/C 190/18 | Case C-228/04: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale del Lazio, Division Ia, by order of that court of 22 April 2004 in the case of Consorzio G.f.M. v Ministry of Defence and ‘La Cascina’ s.c.r.l. and Zilch s.r.l | 11 |
| 2004/C 190/19 | Case C-236/04: Action brought on 7 June 2004 against the Grand Duchy of Luxembourg by the Commission of the European Communities | 11 |
| 2004/C 190/20 | Case C-238/04: Action brought on 7 June 2004 by the Commission of the European Communities against the French Republic | 12 |
| 2004/C 190/21 | Case C-240/04: Action brought on 8 June 2004 against the Kingdom of Belgium by the Commission of the European Communities | 13 |
| 2004/C 190/22 | Case C-243/04 P: Appeal brought on 9 June 2004 by M against the judgment given on 21 April 2004 by the Court of First Instance of the European Communities (First Chamber) in Case T-172/01 between M and Court of Justice of the European Communities | 13 |
| 2004/C 190/23 | Case C-249/04: Reference for a preliminary ruling by a judgment of the Cour du travail de Liège, section de Neufchâteau, of 9 June 2004 in the case of José Allard against the Institut national d'assurances sociales pour travailleurs indépendants (INASTI) | 14 |
| | COURT OF FIRST INSTANCE |
| 2004/C 190/24 | Judgment of the Court of First Instance of 25 May 2004 in Case T-154/01: Distilleria F. Palma SpA v Commission of the European Communities (Regulation (EEC) No 822/87 — Common organisation of the market in wine — Regulation (EEC) No 1780/89 — Regulation (EEC) No 2710/93 — Regulation (EC) No 416/96 — Disposal of alcohol obtained by distillation — Regulation (EEC) No 3390/90 — Sale by tender for use as motor fuel — Refusal by the Commission to amend a number of conditions for the tender — Force majeure — Non-contractual liability of the Community — Admissibility) | 15 |
| 2004/C 190/25 | Judgment of the Court of First Instance of 12 May 2004 in Case T-191/01 André Hecq v Commission of the European Communities (Officials — Social security — Article 72(1) of the Staff Regulations — Reimbursement of medical expenses — Serious illness — Refusal to reimburse certain medical services at 100 %) | 15 |
| 2004/C 190/26 | Case T-31/04: Action brought on 28 January 2004 by Eurodrive Services and Distribution N.V. against the Office for Harmonisation in the Internal Market (OHIM) | 16 |
| 2004/C 190/27 | Case T-135/04: Action brought on 8 April 2004 by GfK Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 16 |
| 2004/C 190/28 | Case T-136/04: Action brought on 8 April 2004 by Domäne Vorderriss, Rasso Freiherr von Cramer-Klett and Rechtlerverband Pfronten against the Commission of the European Communities | 17 |
| 2004/C 190/29 | Case T-143/04: Action brought on 13 April 2004 by Antonietta Camurato Carfagno against the Commission of the European Communities | 18 |
| 2004/C 190/30 | Case T-164/04: Action brought on 10 May 2004 by Patricia Wauthier and Viviane Deveen against Commission of the European Communities | 18 |
| 2004/C 190/31 | Case T-171/04: Action brought on 17 May 2004 by Daniel Surget against the Council of the European Union and the Commission of the European Communities | 19 |
| 2004/C 190/32 | Case T-181/04: Action brought on 17 May 2004 by Nathalie Heinen against Commission of the European Communities | 19 |

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2004/C 190/1

Judgment of the Court (Second Chamber) of 10 June 2004 in Case C-454/01: Commission of the European Communities v Federal Republic of Germany (Directive 96/59/EC — Waste management — Disposal of polychlorinated biphenyls and polychlorinated terphenyls)

1

2004/C 190/2

Judgment of the Court (First Chamber) of 10 June 2004 in Case C-87/02: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects — Project ‘Lotto zero’)

1

2004/C 190/3

Judgment of the Court (Second Chamber) of 10 June 2004 in Case C-168/02 (reference for a preliminary ruling from the Oberster Gerichtshof, (Austria)): Rudolf Kronhofer v Marianne Maier, Christian Möller, Wirich Hofius, Zeki Karan (Brussels Convention — Article 5(3) — Jurisdiction in matters relating to tort, delict or quasi-delict — Place where the harmful event occurred — Financial loss arising from capital investments in another Contracting State)

2

2004/C 190/4

Judgment of the Court (Grand Chamber) of 8 June 2004 in Case C-220/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Österreichischer Gewerkschaftsbund, Gewerkschaft der Privatangestellten v Wirtschaftskammer Österreich (Principle of equal pay for men and women — Concept of pay — Taking into account, for calculation of termination payments, of periods of military service — Possibility of comparing workers performing military service with women workers who, after their maternity leave, take parental leave the duration of which is not taken into account for calculating a termination payment)

2

2004/C 190/5

Judgment of the Court (Third Chamber) of 10 June 2004 in Case C-333/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Failure to transpose Directive 98/50/EC — Transfer of undertakings — Safeguarding of employees' rights)

3

2004/C 190/6

Case C-150/04: Action brought on 23 March 2004 by the Commission of the European Communities against the Kingdom of Denmark

3

2004/C 190/7

Case C-200/04: Reference for a preliminary ruling by the Bundesfinanzhof (Germany) by order of that court of 18 March 2004 in the case of Finanzamt Heidelberg (Heidelberg Tax Office) against iSt Internationale Sprach- und Studententreisen GmbH.

5

2004/C 190/8

Case C-203/04: Reference for a preliminary ruling by the Landgericht Frankfurt am Main by order of that court of 28 April 2004 in the case Gebrüder Stolle GmbH & Co. KG against Heidegold Geflügelspezialitäten GmbH

5

2004/C 190/9

Case C-210/04: Reference for a preliminary ruling by the Corte Suprema di Cassazione, Sezione Quinta Civile (Supreme Court of Cassation, Fifth Civil Chamber) by order of that court of 18 February 2004 in the case of Ministero dell'Economia e delle Finanze (Ministry of Economic Affairs and Finance) and Agenzia delle Entrate (Revenue Agency) against FCE Bank plc

6

2004/C 190/10

Case C-213/04: Reference for a preliminary ruling by the Oberster Gerichtshof (Supreme Court) by order of that court of 29 April 2004 in the case of Ewald Burtscher against Josef Stauderer

6

2004/C 190/11

Case C-214/04: Action brought on 19 May 2004 by the Commission of the European Communities against the Italian Republic

6

2004/C 190/12

Case C– 215/04: Reference for a preliminary ruling by the Østre Landsret by order of 14 May 2004 in the case of Marius Pedersen A/S v Miljøstyrelsen

7

2004/C 190/13

Case C-216/04: Reference for a preliminary ruling by the Consiglio di Stato in sede guirisdizionale, Sezione Quinta, by order of that court of 27 January 2004 in the case of SABA Italia SpA against the Comune di Bolzano and SEAB SpA

8

2004/C 190/14

Case C-222/04: Reference for a preliminary ruling by the Corte Suprema di Cassazione – Sezione Quinta Civile – by order of that court of 23 March 2004 in the case of Ministero dell'Economia e delle Finanze against Cassa di Risparmio di Firenze S.p.A., Fondazione Cassa di Risparmio di San Miniato e Cassa di Risparmio di San Miniato S.p.A.

8

2004/C 190/15

Case C-225/04: Action brought on 1 June 2004 by the Commission of the European Communities against the Republic of Finland

9

2004/C 190/16

Case C-226/04: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale del Lazio, Division Ia, by order of that court of 22 April 2004 in the case of ‘La Cascina’ s.c.r.l. and Zilch s.r.l. v Ministry of Defence, Ministry of Economy and Finance, and Pedus Service P. Dussmann s.r.l. and Others

9

2004/C 190/17

Case C-227/04 P: Appeal brought on 2 June 2004 by Marie-Luise Lindorfer against the judgment delivered on 18 March 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-204/01 between M.-L. Lindorfer and Council of the European Union

10

2004/C 190/18

Case C-228/04: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale del Lazio, Division Ia, by order of that court of 22 April 2004 in the case of Consorzio G.f.M. v Ministry of Defence and ‘La Cascina’ s.c.r.l. and Zilch s.r.l

11

2004/C 190/19

Case C-236/04: Action brought on 7 June 2004 against the Grand Duchy of Luxembourg by the Commission of the European Communities

11

2004/C 190/20

Case C-238/04: Action brought on 7 June 2004 by the Commission of the European Communities against the French Republic

12

2004/C 190/21

Case C-240/04: Action brought on 8 June 2004 against the Kingdom of Belgium by the Commission of the European Communities

13

2004/C 190/22

Case C-243/04 P: Appeal brought on 9 June 2004 by M against the judgment given on 21 April 2004 by the Court of First Instance of the European Communities (First Chamber) in Case T-172/01 between M and Court of Justice of the European Communities

13

2004/C 190/23

Case C-249/04: Reference for a preliminary ruling by a judgment of the Cour du travail de Liège, section de Neufchâteau, of 9 June 2004 in the case of José Allard against the Institut national d'assurances sociales pour travailleurs indépendants (INASTI)

14

COURT OF FIRST INSTANCE

2004/C 190/24

Judgment of the Court of First Instance of 25 May 2004 in Case T-154/01: Distilleria F. Palma SpA v Commission of the European Communities (Regulation (EEC) No 822/87 — Common organisation of the market in wine — Regulation (EEC) No 1780/89 — Regulation (EEC) No 2710/93 — Regulation (EC) No 416/96 — Disposal of alcohol obtained by distillation — Regulation (EEC) No 3390/90 — Sale by tender for use as motor fuel — Refusal by the Commission to amend a number of conditions for the tender — Force majeure — Non-contractual liability of the Community — Admissibility)

15

2004/C 190/25

Judgment of the Court of First Instance of 12 May 2004 in Case T-191/01 André Hecq v Commission of the European Communities (Officials — Social security — Article 72(1) of the Staff Regulations — Reimbursement of medical expenses — Serious illness — Refusal to reimburse certain medical services at 100 %)

15

2004/C 190/26

Case T-31/04: Action brought on 28 January 2004 by Eurodrive Services and Distribution N.V. against the Office for Harmonisation in the Internal Market (OHIM)

16

2004/C 190/27

Case T-135/04: Action brought on 8 April 2004 by GfK Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

16

2004/C 190/28

Case T-136/04: Action brought on 8 April 2004 by Domäne Vorderriss, Rasso Freiherr von Cramer-Klett and Rechtlerverband Pfronten against the Commission of the European Communities

17

2004/C 190/29

Case T-143/04: Action brought on 13 April 2004 by Antonietta Camurato Carfagno against the Commission of the European Communities

18

2004/C 190/30

Case T-164/04: Action brought on 10 May 2004 by Patricia Wauthier and Viviane Deveen against Commission of the European Communities

18

2004/C 190/31

Case T-171/04: Action brought on 17 May 2004 by Daniel Surget against the Council of the European Union and the Commission of the European Communities

19

2004/C 190/32

Case T-181/04: Action brought on 17 May 2004 by Nathalie Heinen against Commission of the European Communities

19

---

| | III   Notices |
| --- | --- |
| 2004/C 190/33 | Last publication of the Court of Justice in the Official Journal of the European Union OJ C 179, 10.7.2004 | 20 |

III   Notices

2004/C 190/33

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 179, 10.7.2004

Official Journal of the European Union

20

---

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

EN