# Official Journal C 300/4 De

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 300 |
| | |
| English edition | Information and Notices | Volume 474 December 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 300

English edition

Information and Notices

Volume 474 December 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Court of Justice |
| | COURT OF JUSTICE |
| 2004/C 300/1 | Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-153/01: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996 to 1998 — Decision 2001/137/EC) | 1 |
| 2004/C 300/2 | Judgment of the Court (First Chamber) of 7 October 2004 in Case C-255/01 (reference for a preliminary ruling from the Simvoulio tis Epikratias): Panagiotis Markopoulos and Others v Ypourgos Anaptyxis and Others (Reference for a preliminary ruling — Eighth Directive 84/253/EEC — Articles 11 and 15 — Approval of persons responsible for statutory auditing of accounting documents — Possibility of approving persons who have not passed an examination of professional competence — Conditions on which nationals of other Member States may be approved) | 1 |
| 2004/C 300/3 | Judgment of the Court (Grand Chamber) of 5 October 2004 in Joined Cases C-397/01 to C-403/01 (reference for a preliminary ruling from the Arbeitsgericht Lörrach): Bernhard Pfeiffer (C-397/01), Wilhelm Roith (C-398/01), Albert Süß (C-399/01), Michael Winter (C-400/01), Klaus Nestvogel (C-401/01), Roswitha Zeller (C-402/01), Matthias Döbele (C-403/01) v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (Social policy — Protection of the health and safety of workers — Directive 93/104/EC — Scope — Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross — Definition of ‘road transport’ — Maximum weekly working time — Principle — Direct effect — Derogation — Conditions) | 2 |
| 2004/C 300/4 | Judgment of the Court (sitting as a full Court) of 5 October 2004 in Case C-475/01: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Infringement of the first paragraph of Article 90 EC — Excise duty on alcohol and alcoholic beverages — Application to ouzo of a rate lower than that applied to other alcoholic beverages — Compliance of that rate with a directive which was not challenged within the time-limit laid down in Article 230 EC) | 3 |
| 2004/C 300/5 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C36/02 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Omega Spielhallen- und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn (Freedom to provide services — Free movement of goods — Restrictions — Public policy — Human dignity — Protection of fundamental values laid down in the national constitution — ‘Playing at killing’) | 3 |
| 2004/C 300/6 | Judgment of the Court (Third Chamber) of 14 October 2004 in Case C-39/02 (reference for a preliminary ruling from the Højesteret): Mærsk Olie & Gas A/S v Firma M. de Haan en W. de Boer (Brussels Convention — Proceedings to establish a fund to limit liability in respect of the use of a ship — Action for damages — Article 21 — Lis pendens — Identical parties — Court first seised — Identical subject-matter and cause of action — None — Article 25 — ‘Judgment’ — Article 27(2) — Refusal to recognise) | 4 |
| 2004/C 300/7 | Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-55/02: Commission of the European Communities v Portuguese Republic (Member State's failure to fulfil obligations — Articles 1, 6 and 7 of Directive 98/59/EC — Concept of ‘collective redundancy’ — Rules governing dismissals assimilated to redundancies — Incomplete transposition) | 4 |
| 2004/C 300/8 | Judgment of the Court (Second Chamber) of 21 October 2004 in Case C-64/02 P: Office for Harmonisation in the Internal Market (Trade Marks and Designs), v Erpo Möbelwerk GmbH (Appeal — Community trade mark — Phrase DAS PRINZIP DER BEQUEMLICHKEIT — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94) | 5 |
| 2004/C 300/9 | Judgment of the Court (First Chamber) of 7 October 2004 in Case C-103/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directives 75/442/EEC and 91/689/EEC — ‘Quantity of waste’ — Exemption from permit requirement) | 5 |
| 2004/C 300/10 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-113/02: Commission of the European Communities v Kingdom of the Netherlands (Regulation (EEC) No 259/93 on the supervision and control of shipments of waste — Directive 75/442 on waste — National measure providing for objections to shipments of waste for recovery where 20 % of the waste is recoverable in the Member State and the percentage of waste recoverable in the country of destination is lower — Measure of a Member State classifying an operation under point R1 (recovery by incineration) of Annex IIB to Directive 75/442 or under point D10 (disposal by incineration) of Annex IIA to that directive not according to the criterion of actual use but according to the calorific value of the incinerated waste) | 6 |
| 2004/C 300/11 | Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-136/02 P: Mag Instrument Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 7(1)(b) of Regulation (EC) No 40/94 — Three-dimensional torch shapes — Absolute ground for refusal — Distinctive character) | 6 |
| 2004/C 300/12 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-173/02: Kingdom of Spain v Commission of the European Communities (Regulation (EEC) No 3950/92 — Common organisation of the market for milk and milk products — Commission decision prohibiting aid to acquire milk quotas) | 7 |
| 2004/C 300/13 | Judgment of the Court (sitting as a full Court) of 19 October 2004 in Case C-200/02 (reference for a preliminary ruling from the Immigration Appellate Authority): Kunqian Catherine Zhu, Man Lavette Chen v Secretary of State for the Home Department (Right of residence — Child with the nationality of one Member State but residing in another Member State — Parents nationals of a non-member country — Mother's right to reside in the other Member State) | 7 |
| 2004/C 300/14 | Judgment of the Court (sitting as a full Court) of 12 October 2004 in Case C-222/02 (reference for a preliminary ruling from the Bundesgerichtshof): Peter Paul, Cornelia Sonnen-Lütte, Christel Mörkens v Bundesrepublik Deutschland (Credit institutions — Deposit-guarantee schemes — Directive 94/19/EC — Directives 77/780/EEC, 89/299/EEC and 89/646/EEC — Supervisory measures by the competent authority for the purposes of protecting depositors — Liability of the supervisory authorities for losses resulting from defective supervision) | 7 |
| 2004/C 300/15 | Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-247/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia): Sintesi SpA v Autorità per la Vigilanza sui Lavori Pubblici (Directive 93/37/EEC — Public works contracts — Award of contracts — Right of the contracting authority to choose between the criterion of the lowest price and that of the most economically advantageous tender) | 8 |
| 2004/C 300/16 | Judgment of the Court (Second Chamber) of 14 September 2004 in Case C-276/02: Kingdom of Spain v Commission of the European Communities (State aid — Definition — Non-payment of taxes and social security contributions by an undertaking — Attitude taken by the national authorities following a declaration of suspension of payments) | 8 |
| 2004/C 300/17 | Judgment of the Court (Second Chamber) of 21 October 2004 in Case C-288/02: Commission of the European Communities v Hellenic Republic (Maritime transport — Freedom to provide services — Maritime cabotage) | 9 |
| 2004/C 300/18 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-298/02: Italian Republic v Commission of the European Communities (EAGGF — Production aid for products processed from fruit and vegetables — Regulation (EEC) No 1558/91 — Article 1 — Peaches and pears — Decision 2002/524/EC) | 9 |
| 2004/C 300/19 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality — National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence) | 10 |
| 2004/C 300/20 | Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-312/02: Kingdom of Sweden v Commission of the European Communities (Action for annulment — EAGGF — Expenditure excluded from Community financing — Support for producers of certain arable crops — Common organisation of the market in beef and veal) | 10 |
| 2004/C 300/21 | Judgment of the Court (Grand Chamber) of 12 October 2004 in Case C-313/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Nicole Wippel v Peek & Cloppenburg GmbH & Co. KG (Directive 97/81/EC — Directive 76/207/EEC — Social policy — Equal treatment as between part-time and full-time workers — Equal treatment as between male and female workers — Working hours and organisation of working-time) | 11 |
| 2004/C 300/22 | Judgment of the Court (Third Chamber) of 12 October 2004 in Case C-328/02: Commission of the European Communities against the Hellenic Republic (Failure to fulfil obligations — Agriculture — Regulation (EEC) No 3508/92 — Integrated administration and control system for certain Community aid schemes) | 11 |
| 2004/C 300/23 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-336/02 (reference for a preliminary ruling from the Landgericht Düsseldorf): Saatgut-Treuhandverwaltungsgesellschaft mbH v Brangewitz GmbH (Plant varieties — System of protection — Article 14(3) of Regulation (EC) No 2100/94 and Article 9 of Regulation (EC) No 1768/95 — Use by farmers of the product of the harvest — Suppliers of processing services — Obligation to provide information to the holder of the Community right) | 12 |
| 2004/C 300/24 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-340/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 92/50/EEC — Procedure for the award of public service contracts — Assistance to the maître d'ouvrage for a sewage treatment plant — Award to the successful candidate in an earlier design contest without prior publication of a contract notice in the OJEC) | 12 |
| 2004/C 300/25 | Judgment of the Court (Sixth Chamber) of 7 October 2004 in Case C-379/02 (reference for a preliminary ruling from the Østre Landsret): Skatteministeriet v Imexpo Trading A/S (Common Customs Tariff — Tariff headings — Classification in the Combined Nomenclature — Chairmats) | 13 |
| 2004/C 300/26 | Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-402/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directives 89/48/EEC and 92/51/EEC — Recognition of diplomas — Access to the profession of special needs teacher in the hospital public service and local public service — Definition of ‘regulated profession’ — Professional experience — Article 39 EC) | 13 |
| 2004/C 300/27 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-409/02 P: Jan Pflugradt v European Central Bank (Appeal — Staff of the European Central Bank — Contractual nature of the employment relationship — Alteration of responsibilities laid down in the employment contract) | 14 |
| 2004/C 300/28 | Judgment of the Court (Fifth Chamber) of 21 October 2004 in Case C-426/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Charges having equivalent effect — Common commercial policy — Imports of goods from Member States and non-member countries — Charges levied for the validation of invoices) | 14 |
| 2004/C 300/29 | Judgment of the Court (Third Chamber) of 12 October 2004 in Case C-431/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Hazardous waste — Failure of a State to fulfil obligations — Directive 91/689/EEC) | 15 |
| 2004/C 300/30 | Judgment of the Court (Grand Chamber) of 5 October 2004 in Case C-442/02 (reference for a preliminary ruling from the Conseil d'État): Caixa-Bank France v Ministère de l'Économie, des Finances et de l'Industrie (Freedom of establishment — Credit institutions — National legislation prohibiting the payment of remuneration on sight accounts) | 15 |
| 2004/C 300/31 | Judgment of the Court (Second Chamber) of 21 October 2004 in Case C-447/02 P: KWS Saat AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Absolute ground for refusal — Distinctive character — Colour per se — Orange colour) | 16 |
| 2004/C 300/32 | Judgment of the Court (Fifth Chamber) of 19 October 2004 in Case C-472/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Siomab SA v Institut bruxellois pour la gestion de l'environnement (Environment — Waste — Regulation (EEC) No 259/93 on shipments of waste — Competence of the authority of dispatch to verify the classification of the purpose of a shipment (recovery or disposal) and to object to a shipment based on an incorrect classification — Objection procedure) | 16 |
| 2004/C 300/33 | Judgment of the Court (First Chamber) of 21 October 2004 in Case C-8/03 (reference for a preliminary ruling from the Tribunal de première instance de Bruxelles (Belgium)): Banque Bruxelles Lambert SA (BBL) v Belgian State (Sixth VAT Directive — Articles 4 and 9(2)(e) — Concept of taxable person — Place where services are supplied — SICAV) | 17 |
| 2004/C 300/34 | Judgment of the Court (Fifth Chamber) of 19 October 2004 in Case C-31/03 (reference for a preliminary ruling from the Bundesgerichtshof): Pharmacia Italia SpA (Regulation (EEC) No 1768/92 — Medicinal products — Supplementary protection certificate — Transitional arrangements — Successive authorisations as a veterinary medicinal product and a medicinal product for human use) | 17 |
| 2004/C 300/35 | Judgment of the Court (Second Chamber) of 14 October 2004 in Case C-55/03: Commission of the European Communities v Kingdom of Spain (Workers — Recognition of diplomas — Civil air traffic controllers — Inadmissibility) | 18 |
| 2004/C 300/36 | Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-60/03 (reference for a preliminary ruling from the Bundesarbeitsgericht): Wolff & Müller GmbH & Co. KG v José Filipe Pereira Félix (Article 49 EC — Restrictions on freedom to provide services — Undertakings in the construction sector — Subcontracting — Obligation on an undertaking to act as guarantor in respect of the minimum remuneration of workers employed by a subcontractor) | 18 |
| 2004/C 300/37 | Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-106/03 P: Vedial SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Word and figurative mark HUBERT — Opposition of the proprietor of the national word mark SAINT-HUBERT 41 — Capacity of OHIM as defendant before the Court of First Instance) | 18 |
| 2004/C 300/38 | Judgment of the Court (First Chamber) of 14 October 2004 in Case C-143/03: Commission of the European Communities against the Italian Republic (Failure to fulfil obligations — Article 28 EC — National legislation subjecting alkaline batteries to a marking scheme) | 19 |
| 2004/C 300/39 | Judgment of the Court (First Chamber) of 7 October 2004 in Case C-189/03: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Freedom to provide services — Restrictions — Private security firms) | 19 |
| 2004/C 300/40 | Judgment of the Court (Sixth Chamber) of 14 October 2004 in Case C-193/03 (reference for a preliminary ruling from the Sozialgericht Stuttgart): Betriebskrankenkasse der Robert Bosch GmbH v Bundesrepublik Deutschland (Social security — Reimbursement of medical expenses incurred in another Member State — Article 34 of Regulation (EEC) No 574/72 — Health insurance fund applying a simplified full reimbursement procedure for bills for small amounts) | 20 |
| 2004/C 300/41 | Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-239/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Convention for the protection of the Mediterranean Sea against pollution — Articles 4(1) and (8) — Protocol for the protection of the Mediterranean Sea against pollution from land-based sources — Article 6(1) and (3) — Failure to adopt appropriate measures to prevent, abate and combat heavy and prolonged pollution of the Étang de Berre — Discharge authorisation) | 20 |
| 2004/C 300/42 | Judgment of the Court (Fifth Chamber) of 12 October 2004 in Case C-263/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Parallel imports — Imports of medicinal products from other Member States which are the same as medicinal products which have already been authorised — Marketing authorisation — Lack of regulatory framework) | 21 |
| 2004/C 300/43 | Judgment of the Court (Third Chamber) of 14 October 2004 in Case C-275/03: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Directive 89/665/EEC — Review procedures for the award of public supply and public works contracts — Incomplete transposition) | 21 |
| 2004/C 300/44 | Judgment of the Court (Fourth Chamber) of 14 October 2004 in Case C-339/03: Commission of the European Communities against the Federal Republic of Germany (Failure to fulfil obligations — Directive 1999/22/EC — Keeping of wild animals in zoos — Failure to transpose within the prescribed time-limit) | 22 |
| 2004/C 300/45 | Judgment of the Court (Third Chamber) of 7 October 2004 in Case C-341/03: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/49/EC) | 22 |
| 2004/C 300/46 | Judgment of the Court (First Chamber) of 21 October 2004 in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a State to fulfil obligations — Freedom to provide services — Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries) | 22 |
| 2004/C 300/47 | Judgment of the Court (Sixth Chamber) of 21 October 2004 in Case C-477/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directives 2001/12/EC, 2001/13/EC and 2001/14/EC — Community railways — Development — Licensing of railway undertakings — Allocation of capacity, infrastructure charges and safety certification — Failure to transpose within the prescribed period) | 23 |
| 2004/C 300/48 | Judgment of the Court (Sixth Chamber) of 7 October 2004 in Case C-483/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directives 2001/12/EC, 2001/13/EC and 2001/14/EC — The Community's railways — Development — Licensing of railway undertakings — Allocation of infrastructure capacity, levying of charges for the use of infrastructure and safety certification — Failure to transpose within the prescribed period) | 23 |
| 2004/C 300/49 | Judgment of the Court (Fourth Chamber) of 5 October 2004 in Case C-524/03: Commission of the European Communities v G. & E. Gianniotis EPE (Arbitration clause — Reimbursement of amounts advanced — Interest on late payment — Default proceedings) | 24 |
| 2004/C 300/50 | Judgment of the Court (Sixth Chamber) of 7 October 2004 in Case C-550/03: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directives 2001/12/EC, 2001/13/EC and 2001/14/EC — Community's railways — Development — Licensing of railway undertakings — Allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification — Failure to transpose within the prescribed period) | 24 |
| 2004/C 300/51 | Case C-407/04 P: Appeal brought on 24 September 2004 (fax of 16 September 2004) by Dalmine SpA against the judgment delivered on 8 July 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-50/00 between Dalmine SpA and the Commission of the European Communities | 25 |
| 2004/C 300/52 | Case C-409/04: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 2 August 2004, in the case of The Queen on the application of 1) Teleos plc 2) Unique Distribution Ltd 3) Synectiv Ltd 4) New Communications Ltd 5) Quest Trading Company Ltd 6) Phones Interntional Ltd 7) AGM Associates Ltd 8) DVD Components Ltd 9) Fonecomp Ltd 10) Bulk GSM 11) Libratech Ltd 12) Rapid Marketing Services Ltd 13) Earthshine Ltd 14) Stardex (UK) Ltd against Commissioners of Customs and Excise | 26 |
| 2004/C 300/53 | Case C-410/04: Reference for a preliminary ruling by the Tribunale amministrativo regionale per la Puglia by order of 22 July 2004 in the case pending before it between Associazione Nazionale Autotrasporto Viaggiatori — A.N.A.V. and Comune di Bari and A.M.T.A.B. Servizio SpA | 27 |
| 2004/C 300/54 | Case C-412/04: Action brought on 24 September 2004 by the Commission of the European Communities against the Italian Republic | 27 |
| 2004/C 300/55 | Case C-416/04 P: Appeal brought on 29 September 2004 by The Sunrider Corporation against the judgment delivered on 8 July 2004 by the Second Chamber of the Court of First Instance of the European Communities in case T-203/02 between The Sunrider Corporation and Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), the other party to the proceedings before the Board of Appeal of OHIM being Juan Espadafor Caba | 29 |
| 2004/C 300/56 | Case C-417/04 P: Appeal brought on 29 September 2004 by Regione Siciliana against the order made on 8 July 2004 by the Court of First Instance of the European Communities (Third Chamber) in Case T-341/02 Regione Siciliana v Commission of the European Communities | 30 |
| 2004/C 300/57 | Case C-421/04: Reference for a preliminary ruling by the Audiencia Provincial de Barcelona (15th Chamber) by decision of that court of 28 June 2004 in the case of Matratzen Concord AG against Hukla Gemany SA | 31 |
| 2004/C 300/58 | Case C-423/04: Reference for a preliminary ruling by a Social Security Commissioner, London, by direction of that tribunal dated 14 September 2004, in the case of Sarah Margaret Richards against Secretary of State for Work and Pensions | 31 |
| 2004/C 300/59 | Case C-424/04: Action brought on 4 October 2004 by the Commission of the European Communities against the French Republic | 31 |
| 2004/C 300/60 | Case C-425/04: Action brought on 4 October 2004 by the Commission of the European Communities against the Italian Republic | 32 |
| 2004/C 300/61 | Case C-426/04 P: Appeal brought on 4 October 2004 by the European Agency for Reconstruction (EAR) against the judgment delivered on 7 July 2004 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-175/03 between Norbert Schmitt and the European Agency for Reconstruction (EAR) | 32 |
| 2004/C 300/62 | Case C-430/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 8 July 2004 in the case of Finanzamt Eisleben against Feuerbestattungsverein Halle e.V. | 33 |
| 2004/C 300/63 | Case C-431/04: Reference for a preliminary ruling by the Bundesgerichtshof by decision of that court of 29 June 2004 in the case of Massachusetts Institute of Technology | 33 |
| 2004/C 300/64 | Case C-432/04: Action brought on 7 October 2004 by the Commission of the European Communities against Edith Cresson | 34 |
| 2004/C 300/65 | Case C-433/04: Action brought on 8 October 2004 by the Commission of the European Communities against the Kingdom of Belgium | 34 |
| 2004/C 300/66 | Case C-434/04: Reference for a preliminary ruling by the Korkein oikeus by order of that court of 6 October 2004 in the case of Jan-Erik Anders Ahokainen and Mati Leppik against Virallinen syttäjä | 35 |
| 2004/C 300/67 | Case C-435/04: Reference for a preliminary ruling by the Cour de cassation de Belgique by decision of that court of 6 October 2004 in the case of Sébastien Victor Leroy against Ministère public | 35 |
| 2004/C 300/68 | Case C-436/01: Reference for a preliminary ruling by the Hof van Cassatie van Belgie by decision of that court of 5 October 2004 in the case of Léopold Henri Van Esbroeck against Openbaar Ministerie | 35 |
| 2004/C 300/69 | Case C-437/04: Action brought on 15 October 2004 by the Commission of the European Communities against the Kingdom of Belgium | 36 |
| 2004/C 300/70 | Case C-442/04: Action brought on 21 October 2004 by the Kingdom of Spain against the Council of the European Union | 36 |
| 2004/C 300/71 | Removal from the register of Joined Cases C-451/02 and C-452/02 | 37 |
| 2004/C 300/72 | Removal from the register of Case C-237/03 | 37 |
| 2004/C 300/73 | Removal from the register of Case C-256/03 | 37 |
| | COURT OF FIRST INSTANCE |
| 2004/C 300/74 | Judgment of the Court of First Instance of 28 September 2004 in Case T-310/00: MCI, Inc. v Commission of the European Communities (Competition — Merger control — Action for annulment — Interest in bringing proceedings — Powers of the Commission) | 38 |
| 2004/C 300/75 | Judgment of the Court of First Instance of 30 September 2004 in Case T-246/02: Albano Ferrer de Moncada v Commission of the European Communities (Officials — Staff report — Delay in drawing up — Damages) | 38 |
| 2004/C 300/76 | Judgment of the Court of First Instance of 30 September 2004 in Case T-313/02: David Meca-Medina, Igor Majcen v Commission of the European Communities (Competition — Freedom to provide services — Anti-doping legislation adopted by the International Olympic Committee (IOC) — Purely sporting legislation) | 39 |
| 2004/C 300/77 | Judgment of the Court of First Instance of 30 September 2004 in Case T-16/03: Albano Ferrer de Moncada v Commission of the European Communities (Officials — Staff report — Procedural irregularities — Statement of reasons — Annulment of report — Damages for loss sustained) | 39 |
| 2004/C 300/78 | Judgment of the Court of First Instance of 28 September 2004 in Case T-216/03: Mario Paulo Tenreiro v Commission of the European Communities (Officials — Mobility — Refusal of promotion — Consideration of comparative merits) | 40 |
| 2004/C 300/79 | Order of the Court of First Instance of 2 September 2004 in Case T-291/02 González y Díez SA v Commission of the European Communities (ECSC — State aid — Action for annulment — Action devoid of purpose — No need to adjudicate — Settlement of costs) | 40 |
| 2004/C 300/80 | Order of the President of the Court of First Instance of 21 September 2004 in Case T-310/03 R: Kreuzer Medien GmbH v European Parliament and Council of the European Union (Interim measures — Application for suspension of operation — Admissibility of an application brought by an intervener) | 40 |
| 2004/C 300/81 | Order of the President of the Court of First Instance of 19 July 2004 in Case T-439/03 R II, Ulrike Eppe v European Parliament (Interlocutory proceedings — Competition — New claim — Admissibility — Urgency — None) | 41 |
| 2004/C 300/82 | Case T-277/04: Action brought on 9 July 2004 by Vitakraft-Werke Wührmann & Sohn GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 41 |
| 2004/C 300/83 | Case T-324/04: Action brought on 6 August 2004 by F against the Commission of the European Communities | 42 |
| 2004/C 300/84 | Case T-333/04: Action brought on 11 August 2004 by House of Donuts International against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 42 |
| 2004/C 300/85 | Case T-349/04: Action brought on 23 August 2004 by Parfümerie Douglas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 43 |
| 2004/C 300/86 | Case T-361/04: Action brought on 1 September 2004 by the Republic of Austria against the Commission of the European Communities | 44 |
| 2004/C 300/87 | Case T-368/04: Action brought on 13 September 2004 by Luc Verheyden against the Commission of the European Communities | 44 |
| 2004/C 300/88 | Case T-372/04: Action brought on 15 September 2004 by Coopérative d'Exportation du Livre Français against the Commission of the European Communities | 45 |
| 2004/C 300/89 | Case T-375/04: Action brought on 17 September 2004 by Grandits GmbH and five others against the Commission of the European Communities | 45 |
| 2004/C 300/90 | Case T-380/04: Action brought on 22 September 2004 by Ioannis Terezakis against the Commission of the European Communities | 46 |
| 2004/C 300/91 | Case T-384/04: Action brought on 22 September 2004 by RB Square Holdings Spain S.L. against the Office for Harmonisation in the Internal Market | 47 |
| 2004/C 300/92 | Case T-389/04: Action brought on 23 September 2004 by the Federal Republic of Germany against the Commission of the European Communities | 47 |
| 2004/C 300/93 | Case T-390/04: Action brought on 28 September 2004 by Carla Piccinni-Leopardi, Carlos Martínez Mongay and Georgis Katalagarianakis against the Commission of the European Communities | 48 |
| 2004/C 300/94 | Case T-298/04: Action brought on 5 October 2004 by Guido Strack against the Commission of the European Communities | 48 |
| 2004/C 300/95 | Case T-395/04: Action brought on 5 October 2004 by Air One SpA against the Commission of the European Communities | 49 |
| 2004/C 300/96 | Case T-406/04: Action brought on 4 October 2004 by André Bonnet against the Court of Justice of the European Communities | 50 |
| 2004/C 300/97 | Case T-407/04: Action brought on 1 October 2004 by Benedicta Miguelez Herreras against the Commission of the European Communities | 50 |
| 2004/C 300/98 | Case T-408/04: Action brought on 4 October 2004 by Anke Kröppelin against the Council of the European Union | 50 |
| 2004/C 300/99 | Case T-409/04: Action brought on 4 October 2004 by Benito Latino against the Commission of the European Communities | 51 |
| 2004/C 300/100 | Case T-411/04: Action brought on 6 October 2004 by Jean-Paul Keppenne against the Commission of the European Communities | 51 |
| 2004/C 300/101 | Case T-415/04: Action brought on 6 October 2004 by Vittoria Tebaldi and Others against the Commission of the European Communities | 52 |
| 2004/C 300/102 | Case T-417/04: Action brought on 15 October 2004 by Regione Autonoma Friuli Venezia Giulia against the Commission of the European Communities | 52 |
| 2004/C 300/103 | Case T-418/04: Action brought on 15 October 2004 by Confcooperative and Others against the Commission of the European Communities | 53 |
| 2004/C 300/104 | Case T-420/04: Action brought on 10 October 2004 by Kenneth Blackler against the European Parliament | 54 |
| 2004/C 300/105 | Removal from the Register of Case T-251/99 | 54 |
| 2004/C 300/106 | Removal from the Register of Case T-305/99 | 54 |
| 2004/C 300/107 | Removal from the Register of Case T-313/99 | 54 |

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2004/C 300/1

Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-153/01: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — Financial years 1996 to 1998 — Decision 2001/137/EC)

1

2004/C 300/2

Judgment of the Court (First Chamber) of 7 October 2004 in Case C-255/01 (reference for a preliminary ruling from the Simvoulio tis Epikratias): Panagiotis Markopoulos and Others v Ypourgos Anaptyxis and Others (Reference for a preliminary ruling — Eighth Directive 84/253/EEC — Articles 11 and 15 — Approval of persons responsible for statutory auditing of accounting documents — Possibility of approving persons who have not passed an examination of professional competence — Conditions on which nationals of other Member States may be approved)

1

2004/C 300/3

Judgment of the Court (Grand Chamber) of 5 October 2004 in Joined Cases C-397/01 to C-403/01 (reference for a preliminary ruling from the Arbeitsgericht Lörrach): Bernhard Pfeiffer (C-397/01), Wilhelm Roith (C-398/01), Albert Süß (C-399/01), Michael Winter (C-400/01), Klaus Nestvogel (C-401/01), Roswitha Zeller (C-402/01), Matthias Döbele (C-403/01) v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (Social policy — Protection of the health and safety of workers — Directive 93/104/EC — Scope — Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross — Definition of ‘road transport’ — Maximum weekly working time — Principle — Direct effect — Derogation — Conditions)

2

2004/C 300/4

Judgment of the Court (sitting as a full Court) of 5 October 2004 in Case C-475/01: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Infringement of the first paragraph of Article 90 EC — Excise duty on alcohol and alcoholic beverages — Application to ouzo of a rate lower than that applied to other alcoholic beverages — Compliance of that rate with a directive which was not challenged within the time-limit laid down in Article 230 EC)

3

2004/C 300/5

Judgment of the Court (First Chamber) of 14 October 2004 in Case C36/02 (reference for a preliminary ruling from the Bundesverwaltungsgericht): Omega Spielhallen- und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn (Freedom to provide services — Free movement of goods — Restrictions — Public policy — Human dignity — Protection of fundamental values laid down in the national constitution — ‘Playing at killing’)

3

2004/C 300/6

Judgment of the Court (Third Chamber) of 14 October 2004 in Case C-39/02 (reference for a preliminary ruling from the Højesteret): Mærsk Olie & Gas A/S v Firma M. de Haan en W. de Boer (Brussels Convention — Proceedings to establish a fund to limit liability in respect of the use of a ship — Action for damages — Article 21 — Lis pendens — Identical parties — Court first seised — Identical subject-matter and cause of action — None — Article 25 — ‘Judgment’ — Article 27(2) — Refusal to recognise)

4

2004/C 300/7

Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-55/02: Commission of the European Communities v Portuguese Republic (Member State's failure to fulfil obligations — Articles 1, 6 and 7 of Directive 98/59/EC — Concept of ‘collective redundancy’ — Rules governing dismissals assimilated to redundancies — Incomplete transposition)

4

2004/C 300/8

Judgment of the Court (Second Chamber) of 21 October 2004 in Case C-64/02 P: Office for Harmonisation in the Internal Market (Trade Marks and Designs), v Erpo Möbelwerk GmbH (Appeal — Community trade mark — Phrase DAS PRINZIP DER BEQUEMLICHKEIT — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

5

2004/C 300/9

Judgment of the Court (First Chamber) of 7 October 2004 in Case C-103/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directives 75/442/EEC and 91/689/EEC — ‘Quantity of waste’ — Exemption from permit requirement)

5

2004/C 300/10

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-113/02: Commission of the European Communities v Kingdom of the Netherlands (Regulation (EEC) No 259/93 on the supervision and control of shipments of waste — Directive 75/442 on waste — National measure providing for objections to shipments of waste for recovery where 20 % of the waste is recoverable in the Member State and the percentage of waste recoverable in the country of destination is lower — Measure of a Member State classifying an operation under point R1 (recovery by incineration) of Annex IIB to Directive 75/442 or under point D10 (disposal by incineration) of Annex IIA to that directive not according to the criterion of actual use but according to the calorific value of the incinerated waste)

6

2004/C 300/11

Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-136/02 P: Mag Instrument Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 7(1)(b) of Regulation (EC) No 40/94 — Three-dimensional torch shapes — Absolute ground for refusal — Distinctive character)

6

2004/C 300/12

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-173/02: Kingdom of Spain v Commission of the European Communities (Regulation (EEC) No 3950/92 — Common organisation of the market for milk and milk products — Commission decision prohibiting aid to acquire milk quotas)

7

2004/C 300/13

Judgment of the Court (sitting as a full Court) of 19 October 2004 in Case C-200/02 (reference for a preliminary ruling from the Immigration Appellate Authority): Kunqian Catherine Zhu, Man Lavette Chen v Secretary of State for the Home Department (Right of residence — Child with the nationality of one Member State but residing in another Member State — Parents nationals of a non-member country — Mother's right to reside in the other Member State)

7

2004/C 300/14

Judgment of the Court (sitting as a full Court) of 12 October 2004 in Case C-222/02 (reference for a preliminary ruling from the Bundesgerichtshof): Peter Paul, Cornelia Sonnen-Lütte, Christel Mörkens v Bundesrepublik Deutschland (Credit institutions — Deposit-guarantee schemes — Directive 94/19/EC — Directives 77/780/EEC, 89/299/EEC and 89/646/EEC — Supervisory measures by the competent authority for the purposes of protecting depositors — Liability of the supervisory authorities for losses resulting from defective supervision)

7

2004/C 300/15

Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-247/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia): Sintesi SpA v Autorità per la Vigilanza sui Lavori Pubblici (Directive 93/37/EEC — Public works contracts — Award of contracts — Right of the contracting authority to choose between the criterion of the lowest price and that of the most economically advantageous tender)

8

2004/C 300/16

Judgment of the Court (Second Chamber) of 14 September 2004 in Case C-276/02: Kingdom of Spain v Commission of the European Communities (State aid — Definition — Non-payment of taxes and social security contributions by an undertaking — Attitude taken by the national authorities following a declaration of suspension of payments)

8

2004/C 300/17

Judgment of the Court (Second Chamber) of 21 October 2004 in Case C-288/02: Commission of the European Communities v Hellenic Republic (Maritime transport — Freedom to provide services — Maritime cabotage)

9

2004/C 300/18

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-298/02: Italian Republic v Commission of the European Communities (EAGGF — Production aid for products processed from fruit and vegetables — Regulation (EEC) No 1558/91 — Article 1 — Peaches and pears — Decision 2002/524/EC)

9

2004/C 300/19

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality — National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence)

10

2004/C 300/20

Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-312/02: Kingdom of Sweden v Commission of the European Communities (Action for annulment — EAGGF — Expenditure excluded from Community financing — Support for producers of certain arable crops — Common organisation of the market in beef and veal)

10

2004/C 300/21

Judgment of the Court (Grand Chamber) of 12 October 2004 in Case C-313/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Nicole Wippel v Peek & Cloppenburg GmbH & Co. KG (Directive 97/81/EC — Directive 76/207/EEC — Social policy — Equal treatment as between part-time and full-time workers — Equal treatment as between male and female workers — Working hours and organisation of working-time)

11

2004/C 300/22

Judgment of the Court (Third Chamber) of 12 October 2004 in Case C-328/02: Commission of the European Communities against the Hellenic Republic (Failure to fulfil obligations — Agriculture — Regulation (EEC) No 3508/92 — Integrated administration and control system for certain Community aid schemes)

11

2004/C 300/23

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-336/02 (reference for a preliminary ruling from the Landgericht Düsseldorf): Saatgut-Treuhandverwaltungsgesellschaft mbH v Brangewitz GmbH (Plant varieties — System of protection — Article 14(3) of Regulation (EC) No 2100/94 and Article 9 of Regulation (EC) No 1768/95 — Use by farmers of the product of the harvest — Suppliers of processing services — Obligation to provide information to the holder of the Community right)

12

2004/C 300/24

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-340/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 92/50/EEC — Procedure for the award of public service contracts — Assistance to the maître d'ouvrage for a sewage treatment plant — Award to the successful candidate in an earlier design contest without prior publication of a contract notice in the OJEC)

12

2004/C 300/25

Judgment of the Court (Sixth Chamber) of 7 October 2004 in Case C-379/02 (reference for a preliminary ruling from the Østre Landsret): Skatteministeriet v Imexpo Trading A/S (Common Customs Tariff — Tariff headings — Classification in the Combined Nomenclature — Chairmats)

13

2004/C 300/26

Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-402/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directives 89/48/EEC and 92/51/EEC — Recognition of diplomas — Access to the profession of special needs teacher in the hospital public service and local public service — Definition of ‘regulated profession’ — Professional experience — Article 39 EC)

13

2004/C 300/27

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-409/02 P: Jan Pflugradt v European Central Bank (Appeal — Staff of the European Central Bank — Contractual nature of the employment relationship — Alteration of responsibilities laid down in the employment contract)

14

2004/C 300/28

Judgment of the Court (Fifth Chamber) of 21 October 2004 in Case C-426/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Charges having equivalent effect — Common commercial policy — Imports of goods from Member States and non-member countries — Charges levied for the validation of invoices)

14

2004/C 300/29

Judgment of the Court (Third Chamber) of 12 October 2004 in Case C-431/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Hazardous waste — Failure of a State to fulfil obligations — Directive 91/689/EEC)

15

2004/C 300/30

Judgment of the Court (Grand Chamber) of 5 October 2004 in Case C-442/02 (reference for a preliminary ruling from the Conseil d'État): Caixa-Bank France v Ministère de l'Économie, des Finances et de l'Industrie (Freedom of establishment — Credit institutions — National legislation prohibiting the payment of remuneration on sight accounts)

15

2004/C 300/31

Judgment of the Court (Second Chamber) of 21 October 2004 in Case C-447/02 P: KWS Saat AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Absolute ground for refusal — Distinctive character — Colour per se — Orange colour)

16

2004/C 300/32

Judgment of the Court (Fifth Chamber) of 19 October 2004 in Case C-472/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Siomab SA v Institut bruxellois pour la gestion de l'environnement (Environment — Waste — Regulation (EEC) No 259/93 on shipments of waste — Competence of the authority of dispatch to verify the classification of the purpose of a shipment (recovery or disposal) and to object to a shipment based on an incorrect classification — Objection procedure)

16

2004/C 300/33

Judgment of the Court (First Chamber) of 21 October 2004 in Case C-8/03 (reference for a preliminary ruling from the Tribunal de première instance de Bruxelles (Belgium)): Banque Bruxelles Lambert SA (BBL) v Belgian State (Sixth VAT Directive — Articles 4 and 9(2)(e) — Concept of taxable person — Place where services are supplied — SICAV)

17

2004/C 300/34

Judgment of the Court (Fifth Chamber) of 19 October 2004 in Case C-31/03 (reference for a preliminary ruling from the Bundesgerichtshof): Pharmacia Italia SpA (Regulation (EEC) No 1768/92 — Medicinal products — Supplementary protection certificate — Transitional arrangements — Successive authorisations as a veterinary medicinal product and a medicinal product for human use)

17

2004/C 300/35

Judgment of the Court (Second Chamber) of 14 October 2004 in Case C-55/03: Commission of the European Communities v Kingdom of Spain (Workers — Recognition of diplomas — Civil air traffic controllers — Inadmissibility)

18

2004/C 300/36

Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-60/03 (reference for a preliminary ruling from the Bundesarbeitsgericht): Wolff & Müller GmbH & Co. KG v José Filipe Pereira Félix (Article 49 EC — Restrictions on freedom to provide services — Undertakings in the construction sector — Subcontracting — Obligation on an undertaking to act as guarantor in respect of the minimum remuneration of workers employed by a subcontractor)

18

2004/C 300/37

Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-106/03 P: Vedial SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Word and figurative mark HUBERT — Opposition of the proprietor of the national word mark SAINT-HUBERT 41 — Capacity of OHIM as defendant before the Court of First Instance)

18

2004/C 300/38

Judgment of the Court (First Chamber) of 14 October 2004 in Case C-143/03: Commission of the European Communities against the Italian Republic (Failure to fulfil obligations — Article 28 EC — National legislation subjecting alkaline batteries to a marking scheme)

19

2004/C 300/39

Judgment of the Court (First Chamber) of 7 October 2004 in Case C-189/03: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Freedom to provide services — Restrictions — Private security firms)

19

2004/C 300/40

Judgment of the Court (Sixth Chamber) of 14 October 2004 in Case C-193/03 (reference for a preliminary ruling from the Sozialgericht Stuttgart): Betriebskrankenkasse der Robert Bosch GmbH v Bundesrepublik Deutschland (Social security — Reimbursement of medical expenses incurred in another Member State — Article 34 of Regulation (EEC) No 574/72 — Health insurance fund applying a simplified full reimbursement procedure for bills for small amounts)

20

2004/C 300/41

Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-239/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Convention for the protection of the Mediterranean Sea against pollution — Articles 4(1) and (8) — Protocol for the protection of the Mediterranean Sea against pollution from land-based sources — Article 6(1) and (3) — Failure to adopt appropriate measures to prevent, abate and combat heavy and prolonged pollution of the Étang de Berre — Discharge authorisation)

20

2004/C 300/42

Judgment of the Court (Fifth Chamber) of 12 October 2004 in Case C-263/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Parallel imports — Imports of medicinal products from other Member States which are the same as medicinal products which have already been authorised — Marketing authorisation — Lack of regulatory framework)

21

2004/C 300/43

Judgment of the Court (Third Chamber) of 14 October 2004 in Case C-275/03: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Directive 89/665/EEC — Review procedures for the award of public supply and public works contracts — Incomplete transposition)

21

2004/C 300/44

Judgment of the Court (Fourth Chamber) of 14 October 2004 in Case C-339/03: Commission of the European Communities against the Federal Republic of Germany (Failure to fulfil obligations — Directive 1999/22/EC — Keeping of wild animals in zoos — Failure to transpose within the prescribed time-limit)

22

2004/C 300/45

Judgment of the Court (Third Chamber) of 7 October 2004 in Case C-341/03: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/49/EC)

22

2004/C 300/46

Judgment of the Court (First Chamber) of 21 October 2004 in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a State to fulfil obligations — Freedom to provide services — Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)

22

2004/C 300/47

Judgment of the Court (Sixth Chamber) of 21 October 2004 in Case C-477/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directives 2001/12/EC, 2001/13/EC and 2001/14/EC — Community railways — Development — Licensing of railway undertakings — Allocation of capacity, infrastructure charges and safety certification — Failure to transpose within the prescribed period)

23

2004/C 300/48

Judgment of the Court (Sixth Chamber) of 7 October 2004 in Case C-483/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directives 2001/12/EC, 2001/13/EC and 2001/14/EC — The Community's railways — Development — Licensing of railway undertakings — Allocation of infrastructure capacity, levying of charges for the use of infrastructure and safety certification — Failure to transpose within the prescribed period)

23

2004/C 300/49

Judgment of the Court (Fourth Chamber) of 5 October 2004 in Case C-524/03: Commission of the European Communities v G. & E. Gianniotis EPE (Arbitration clause — Reimbursement of amounts advanced — Interest on late payment — Default proceedings)

24

2004/C 300/50

Judgment of the Court (Sixth Chamber) of 7 October 2004 in Case C-550/03: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directives 2001/12/EC, 2001/13/EC and 2001/14/EC — Community's railways — Development — Licensing of railway undertakings — Allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification — Failure to transpose within the prescribed period)

24

2004/C 300/51

Case C-407/04 P: Appeal brought on 24 September 2004 (fax of 16 September 2004) by Dalmine SpA against the judgment delivered on 8 July 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-50/00 between Dalmine SpA and the Commission of the European Communities

25

2004/C 300/52

Case C-409/04: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 2 August 2004, in the case of The Queen on the application of 1) Teleos plc 2) Unique Distribution Ltd 3) Synectiv Ltd 4) New Communications Ltd 5) Quest Trading Company Ltd 6) Phones Interntional Ltd 7) AGM Associates Ltd 8) DVD Components Ltd 9) Fonecomp Ltd 10) Bulk GSM 11) Libratech Ltd 12) Rapid Marketing Services Ltd 13) Earthshine Ltd 14) Stardex (UK) Ltd against Commissioners of Customs and Excise

26

2004/C 300/53

Case C-410/04: Reference for a preliminary ruling by the Tribunale amministrativo regionale per la Puglia by order of 22 July 2004 in the case pending before it between Associazione Nazionale Autotrasporto Viaggiatori — A.N.A.V. and Comune di Bari and A.M.T.A.B. Servizio SpA

27

2004/C 300/54

Case C-412/04: Action brought on 24 September 2004 by the Commission of the European Communities against the Italian Republic

27

2004/C 300/55

Case C-416/04 P: Appeal brought on 29 September 2004 by The Sunrider Corporation against the judgment delivered on 8 July 2004 by the Second Chamber of the Court of First Instance of the European Communities in case T-203/02 between The Sunrider Corporation and Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), the other party to the proceedings before the Board of Appeal of OHIM being Juan Espadafor Caba

29

2004/C 300/56

Case C-417/04 P: Appeal brought on 29 September 2004 by Regione Siciliana against the order made on 8 July 2004 by the Court of First Instance of the European Communities (Third Chamber) in Case T-341/02 Regione Siciliana v Commission of the European Communities

30

2004/C 300/57

Case C-421/04: Reference for a preliminary ruling by the Audiencia Provincial de Barcelona (15th Chamber) by decision of that court of 28 June 2004 in the case of Matratzen Concord AG against Hukla Gemany SA

31

2004/C 300/58

Case C-423/04: Reference for a preliminary ruling by a Social Security Commissioner, London, by direction of that tribunal dated 14 September 2004, in the case of Sarah Margaret Richards against Secretary of State for Work and Pensions

31

2004/C 300/59

Case C-424/04: Action brought on 4 October 2004 by the Commission of the European Communities against the French Republic

31

2004/C 300/60

Case C-425/04: Action brought on 4 October 2004 by the Commission of the European Communities against the Italian Republic

32

2004/C 300/61

Case C-426/04 P: Appeal brought on 4 October 2004 by the European Agency for Reconstruction (EAR) against the judgment delivered on 7 July 2004 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-175/03 between Norbert Schmitt and the European Agency for Reconstruction (EAR)

32

2004/C 300/62

Case C-430/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 8 July 2004 in the case of Finanzamt Eisleben against Feuerbestattungsverein Halle e.V.

33

2004/C 300/63

Case C-431/04: Reference for a preliminary ruling by the Bundesgerichtshof by decision of that court of 29 June 2004 in the case of Massachusetts Institute of Technology

33

2004/C 300/64

Case C-432/04: Action brought on 7 October 2004 by the Commission of the European Communities against Edith Cresson

34

2004/C 300/65

Case C-433/04: Action brought on 8 October 2004 by the Commission of the European Communities against the Kingdom of Belgium

34

2004/C 300/66

Case C-434/04: Reference for a preliminary ruling by the Korkein oikeus by order of that court of 6 October 2004 in the case of Jan-Erik Anders Ahokainen and Mati Leppik against Virallinen syttäjä

35

2004/C 300/67

Case C-435/04: Reference for a preliminary ruling by the Cour de cassation de Belgique by decision of that court of 6 October 2004 in the case of Sébastien Victor Leroy against Ministère public

35

2004/C 300/68

Case C-436/01: Reference for a preliminary ruling by the Hof van Cassatie van Belgie by decision of that court of 5 October 2004 in the case of Léopold Henri Van Esbroeck against Openbaar Ministerie

35

2004/C 300/69

Case C-437/04: Action brought on 15 October 2004 by the Commission of the European Communities against the Kingdom of Belgium

36

2004/C 300/70

Case C-442/04: Action brought on 21 October 2004 by the Kingdom of Spain against the Council of the European Union

36

2004/C 300/71

Removal from the register of Joined Cases C-451/02 and C-452/02

37

2004/C 300/72

Removal from the register of Case C-237/03

37

2004/C 300/73

Removal from the register of Case C-256/03

37

COURT OF FIRST INSTANCE

2004/C 300/74

Judgment of the Court of First Instance of 28 September 2004 in Case T-310/00: MCI, Inc. v Commission of the European Communities (Competition — Merger control — Action for annulment — Interest in bringing proceedings — Powers of the Commission)

38

2004/C 300/75

Judgment of the Court of First Instance of 30 September 2004 in Case T-246/02: Albano Ferrer de Moncada v Commission of the European Communities (Officials — Staff report — Delay in drawing up — Damages)

38

2004/C 300/76

Judgment of the Court of First Instance of 30 September 2004 in Case T-313/02: David Meca-Medina, Igor Majcen v Commission of the European Communities (Competition — Freedom to provide services — Anti-doping legislation adopted by the International Olympic Committee (IOC) — Purely sporting legislation)

39

2004/C 300/77

Judgment of the Court of First Instance of 30 September 2004 in Case T-16/03: Albano Ferrer de Moncada v Commission of the European Communities (Officials — Staff report — Procedural irregularities — Statement of reasons — Annulment of report — Damages for loss sustained)

39

2004/C 300/78

Judgment of the Court of First Instance of 28 September 2004 in Case T-216/03: Mario Paulo Tenreiro v Commission of the European Communities (Officials — Mobility — Refusal of promotion — Consideration of comparative merits)

40

2004/C 300/79

Order of the Court of First Instance of 2 September 2004 in Case T-291/02 González y Díez SA v Commission of the European Communities (ECSC — State aid — Action for annulment — Action devoid of purpose — No need to adjudicate — Settlement of costs)

40

2004/C 300/80

Order of the President of the Court of First Instance of 21 September 2004 in Case T-310/03 R: Kreuzer Medien GmbH v European Parliament and Council of the European Union (Interim measures — Application for suspension of operation — Admissibility of an application brought by an intervener)

40

2004/C 300/81

Order of the President of the Court of First Instance of 19 July 2004 in Case T-439/03 R II, Ulrike Eppe v European Parliament (Interlocutory proceedings — Competition — New claim — Admissibility — Urgency — None)

41

2004/C 300/82

Case T-277/04: Action brought on 9 July 2004 by Vitakraft-Werke Wührmann & Sohn GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

41

2004/C 300/83

Case T-324/04: Action brought on 6 August 2004 by F against the Commission of the European Communities

42

2004/C 300/84

Case T-333/04: Action brought on 11 August 2004 by House of Donuts International against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

42

2004/C 300/85

Case T-349/04: Action brought on 23 August 2004 by Parfümerie Douglas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

43

2004/C 300/86

Case T-361/04: Action brought on 1 September 2004 by the Republic of Austria against the Commission of the European Communities

44

2004/C 300/87

Case T-368/04: Action brought on 13 September 2004 by Luc Verheyden against the Commission of the European Communities

44

2004/C 300/88

Case T-372/04: Action brought on 15 September 2004 by Coopérative d'Exportation du Livre Français against the Commission of the European Communities

45

2004/C 300/89

Case T-375/04: Action brought on 17 September 2004 by Grandits GmbH and five others against the Commission of the European Communities

45

2004/C 300/90

Case T-380/04: Action brought on 22 September 2004 by Ioannis Terezakis against the Commission of the European Communities

46

2004/C 300/91

Case T-384/04: Action brought on 22 September 2004 by RB Square Holdings Spain S.L. against the Office for Harmonisation in the Internal Market

47

2004/C 300/92

Case T-389/04: Action brought on 23 September 2004 by the Federal Republic of Germany against the Commission of the European Communities

47

2004/C 300/93

Case T-390/04: Action brought on 28 September 2004 by Carla Piccinni-Leopardi, Carlos Martínez Mongay and Georgis Katalagarianakis against the Commission of the European Communities

48

2004/C 300/94

Case T-298/04: Action brought on 5 October 2004 by Guido Strack against the Commission of the European Communities

48

2004/C 300/95

Case T-395/04: Action brought on 5 October 2004 by Air One SpA against the Commission of the European Communities

49

2004/C 300/96

Case T-406/04: Action brought on 4 October 2004 by André Bonnet against the Court of Justice of the European Communities

50

2004/C 300/97

Case T-407/04: Action brought on 1 October 2004 by Benedicta Miguelez Herreras against the Commission of the European Communities

50

2004/C 300/98

Case T-408/04: Action brought on 4 October 2004 by Anke Kröppelin against the Council of the European Union

50

2004/C 300/99

Case T-409/04: Action brought on 4 October 2004 by Benito Latino against the Commission of the European Communities

51

2004/C 300/100

Case T-411/04: Action brought on 6 October 2004 by Jean-Paul Keppenne against the Commission of the European Communities

51

2004/C 300/101

Case T-415/04: Action brought on 6 October 2004 by Vittoria Tebaldi and Others against the Commission of the European Communities

52

2004/C 300/102

Case T-417/04: Action brought on 15 October 2004 by Regione Autonoma Friuli Venezia Giulia against the Commission of the European Communities

52

2004/C 300/103

Case T-418/04: Action brought on 15 October 2004 by Confcooperative and Others against the Commission of the European Communities

53

2004/C 300/104

Case T-420/04: Action brought on 10 October 2004 by Kenneth Blackler against the European Parliament

54

2004/C 300/105

Removal from the Register of Case T-251/99

54

2004/C 300/106

Removal from the Register of Case T-305/99

54

2004/C 300/107

Removal from the Register of Case T-313/99

54

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| | III   Notices |
| --- | --- |
| 2004/C 300/108 | Last publication of the Court of Justice in the Official Journal of the European Union OJ C 284, 20.11.2004 | 55 |

III   Notices

2004/C 300/108

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 284, 20.11.2004

Official Journal of the European Union

55

---

| | Corrigenda |
| --- | --- |
| 2004/C 300/109 | Correction to the Official Journal notice in Case C-310/01 ( Official Journal of the European Union C 55 of 8 March 2003 ) | 56 |

Corrigenda

2004/C 300/109

Correction to the Official Journal notice in Case C-310/01 ( Official Journal of the European Union C 55 of 8 March 2003 )

( Official Journal of the European Union C 55 of 8 March 2003 )

56

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