# Official Journal C 96/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 96 |
| | |
| English edition | Information and Notices | Volume 5028 April 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 96

English edition

Information and Notices

Volume 5028 April 2007

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Court of Justice |
| 2007/C 096/01 | Last publication of the Court of Justice in the Official Journal of the European UnionOJ C 95, 28.4.2007 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Court of Justice

2007/C 096/01

Last publication of the Court of Justice in the Official Journal of the European UnionOJ C 95, 28.4.2007

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2007/C 096/02 | Case C-470/03: Judgment of the Court (Grand Chamber) of 17 April 2007 (reference for a preliminary ruling from the Tampereen käräjäoikeus, Finland) — AGM-COS.MET Srl v Suomen valtio, Tarmo Lehtinen (Directive 98/37/EC — Measures having equivalent effect — Machinery presumed to comply with Directive 98/37/EC — Criticism expressed publicly by a State official) | 2 |
| 2007/C 096/03 | Case C-64/04: Judgment of the Court (Third Chamber) of 29 March 2007 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Fishing licences — Regulation (EC) No 3690/93 — Vessels Cleopatra and Ocean Quest — Definitive transfer of those vessels to Argentina) | 3 |
| 2007/C 096/04 | Case C-134/04: Judgment of the Court (Seventh Chamber) of 19 April 2007 — Kingdom of Spain v Council of the European Union (Fisheries — Regulation (EC) No 2287/2003 distributing catch quotas among Member States — Act of Accession of Spain — End of the transitional period — Requirement of relative stability — Principle of non-discrimination — New fishing opportunities) | 3 |
| 2007/C 096/05 | Case C-195/04: Judgment of the Court (Second Chamber) of 26 April 2007 — Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Public supply contract for catering equipment — Article 28 EC — Quantitative restrictions on imports — Measures having equivalent effect — Principle of non-discrimination — Obligation of transparency) | 3 |
| 2007/C 096/06 | Case C-347/04: Judgment of the Court (Second Chamber) of 29 March 2007 (reference for a preliminary ruling from the Finanzgericht Köln — Germany) — Rewe Zentralfinanz eG, as universal legal successor of ITS Reisen GmbH v Finanzamt Köln-Mitte (Freedom of establishment — Corporation tax — Immediate offsetting of losses incurred by parent companies — Losses stemming from write-downs to the book value of shareholdings in subsidiaries established in other Member States) | 4 |
| 2007/C 096/07 | Case C-348/04: Judgment of the Court (Second Chamber) of 26 April 2007 (reference for a preliminary ruling from the Court of Appeal — United Kingdom) — Boehringer Ingelheim KG, Boehringer Ingelheim Pharma GmbH & Co. KG v Swingward Ltd, and Boehringer Ingelheim KG, Boehringer Ingelheim Pharma GmbH & Co. KG v Dowelhurst Ltd, and Glaxo Group Ltd v Swingward Ltd, and Glaxo Group Ltd, The Wellcome Foundation Ltd v Dowelhurst Ltd, and SmithKline Beecham plc, Beecham Group plc, SmithKline & French Laboratories Ltd v Dowelhurst Ltd, and Eli Lilly and Co. v Dowelhurst Ltd (Industrial and commercial property — Trade mark rights — Pharmaceutical products — Parallel imports — Repackaging of the product bearing the trade mark) | 4 |
| 2007/C 096/08 | Case C-437/04: Judgment of the Court (First Chamber) of 22 March 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Protocol on the Privileges and Immunities of the European Communities — Buildings leased by the Communities — Region of Brussels Capital — Tax on owners) | 6 |
| 2007/C 096/09 | Case C-523/04: Judgment of the Court (Grand Chamber) of 24 April 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Conclusion by a Member State of a bilateral air transport agreement with the United States of America — Right of establishment — Secondary law governing the internal market in air transport — External competence of the Community) | 6 |
| 2007/C 096/10 | Case C-111/05: Judgment of the Court (Third Chamber) of 29 March 2007 (reference for a preliminary ruling from the Regeringsrätten — Sweden) — Aktiebolaget NN v Skatteverket (Sixth VAT Directive — Supply of goods — Article 8(1)(a) — Fibre-optic cable between two Member States running in part outside Community territory — Tax jurisdiction of each Member State limited to the length of cable installed on its territory — Non-taxation of the part lying in the exclusive economic zone, on the continental shelf or on the seabed) | 7 |
| 2007/C 096/11 | Case C-135/05: Judgment of the Court (Third Chamber) of 26 April 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Waste management — Directives 75/442/EEC, 91/689/EEC and 1999/31/EC) | 8 |
| 2007/C 096/12 | Case C-219/05: Judgment of the Court (Fifth Chamber) of 19 April 2007 — Commission of the European Communities v Spain (Failure by a Member State to fulfil its obligations — Directive 91/271/EEC — Pollution and nuisance — Treatment of urban waste water — Agglomeration of Sueca, its coastal districts and certain municipalities of La Ribera — Discharge in a sensitive area without treatment) | 8 |
| 2007/C 096/13 | Case C-273/05 P: Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd (Appeal — Community trade mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Application for word mark CELLTECH — Absolute grounds for refusal — Lack of distinctive character — Descriptive character) | 9 |
| 2007/C 096/14 | Case C-282/05 P: Judgment of the Court (Second Chamber) of 19 April 2007 — Holcim (Deutschland) AG, formerly Alsen AG v Commission of the European Communities (Appeals — Non-contractual liability of the Community — Article 85 of the EC Treaty (now Article 81 EC) — Reimbursement of bank guarantee charges) | 9 |
| 2007/C 096/15 | Case C-295/05: Judgment of the Court (Second Chamber) of 19 April 2007 (Reference for a preliminary ruling from the Tribunal Supremo, Spain) — Asociación Nacional de Empresas Forestales (ASEMFO) v Transformación Agraria SA, Administración del Estado (Reference for a preliminary ruling — Admissibility — Article 86(1) EC — No independent effect — Factors permitting material which enables the Court to give a useful answer to the questions referred — Directives 92/50/EEC, 93/36/EEC and 93/37/EEC — National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts — Internal management structure — Conditions — The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments — The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it) | 10 |
| 2007/C 096/16 | Case C-356/05: Judgment of the Court (First Chamber) of 19 April 2007 (reference for a preliminary ruling from the High Court of Ireland — Ireland) — Elaine Farrell v Alan Whitty, Minister for the Environment, Ireland, Attorney General, Motor Insurers' Bureau of Ireland (MIBI) (Compulsory insurance for civil liability in respect of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Injuries to the passengers of a vehicle — Part of a vehicle not adapted for the carriage of seated passengers) | 10 |
| 2007/C 096/17 | Case C-381/05: Judgment of the Court (First Chamber) of 19 April 2007 (reference for a preliminary ruling from the Cour d'appel de Bruxelles, (Belgium)) — De Landtsheer Emmanuel SA v Comité Interprofessionnel du Vin de Champagne and Veuve Clicquot Ponsardin SA (Directives 84/450/EEC and 97/55/EC — Comparative advertising — Identifying a competitor or the goods or services offered by a competitor — Goods or services satisfying the same needs or with the same purpose — Reference to designations of origin) | 11 |
| 2007/C 096/18 | Case C-383/05: Judgment of the Court (First Chamber) of 22 March 2007 (reference for a preliminary ruling from the Cour de cassation (Belgium)) — Raffaele Talotta v Belgium State (Freedom of establishment — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Non-resident taxpayer carrying out a self-employed activity — Setting of minimum tax bases applicable only to non-resident taxpayers — Justified by requirements of general interest — Effectiveness of fiscal supervision — Not justified) | 12 |
| 2007/C 096/19 | Case C-392/05: Judgment of the Court (Fourth Chamber) of 26 April 2007 (reference for a preliminary ruling from the Simvoulio tis Epikratias — (Greece)) — Georgios Alevizos v Ipourgos Ikonomikon (Freedom of movement for workers — Directive 83/183/EEC — Article 6 — Definitive import into one Member State of a private vehicle from another Member State — Member of the armed forces of one Member State posted temporarily to another Member State for official reasons — Concept of ‘normal residence’) | 12 |
| 2007/C 096/20 | Case C-412/05 P: Judgment of the Court (Third Chamber) of 26 April 2007 — Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA (Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Relative ground for refusal of registration — Likelihood of confusion — Article 43(2) and (3) — Genuine use — New plea — Word mark ‘TRAVATAN’ — Opposition by proprietor of earlier national trade mark ‘TRIVASTAN’) | 13 |
| 2007/C 096/21 | Case C-423/05: Judgment of the Court (Seventh Chamber) of 29 March 2007 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Waste management — Directives 75/442/EEC and 1999/31/EC — Unlawful or unsupervised landfill sites) | 13 |
| 2007/C 096/22 | Case C-444/05: Judgment of the Court (Second Chamber) of 19 April 2007 (reference for a preliminary ruling from the Diikitiko Protodikio Athinon — Greece) — Aikaterini Stamatelaki v NPDD Organismos Asfaliseos Eleftheron Epangelmation (OAEE) (Restrictions on the freedom to provide services — Reimbursement of the cost of treatment in private hospitals — Justification for, and proportionality of, the exclusion) | 14 |
| 2007/C 096/23 | Case C-455/05: Judgment of the Court (Third Chamber) of 19 April 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg (Germany)) — Velvet & Steel Immobilien und Handels GmbH v Finanzamt Hamburg-Eimsbüttel (Sixth VAT Directive — Exemptions — Article 13B(d)(2) — Concept of ‘assumption of obligations’ — Assumption of the obligation to renovate a property — Refusal of exemption) | 14 |
| 2007/C 096/24 | Case C-15/06 P: Judgment of the Court (Fifth Chamber) of 22 March 2007 — Regione Siciliana v Commission of the European Communities (Appeal — European Regional Development Fund (ERDF) — Closure of Community financial assistance — Action for annulment — Admissibility — Local or regional entity — Measures of direct and individual concern to that entity — Direct concern) | 15 |
| 2007/C 096/25 | Case C-63/06: Judgment of the Court (Eighth Chamber) of 19 April 2007 (reference for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Republic of Lithuania) — UAB Profisa v Muitinės departamentas prie Lietuvos respublikos finansц ministerijos (Directive 92/83/EEC — Harmonisation of structures of excise duties on alcohol and alcoholic beverages — Article 27(1)(f) — Alcohol contained in chocolate products — Exemption from the harmonised excise duty) | 15 |
| 2007/C 096/26 | Case C-72/06: Judgment of the Court (Fifth Chamber) of 19 April 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2003/9/EC — Asylum policy — Asylum seekers — Reception — Minimum standards — Failure to transpose within the prescribed period) | 16 |
| 2007/C 096/27 | Case C-141/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2002/65/EC — Financial services — Distance marketing — Failure to transpose within the prescribed period) | 16 |
| 2007/C 096/28 | Case C-229/06: Judgment of the Court (Seventh Chamber) of 19 April 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Sunshine Deutschland Handelsgesellschaft mbH v Hauptzollamt Kiel (Common Customs Tariff — Tariff classification — Combined Nomenclature — Pumpkin seeds which have lost their ability to germinate) | 17 |
| 2007/C 096/29 | Case C-264/06: Judgment of the Court (Eighth Chamber) of 19 April 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Regulation (EC) No 261/2004 — Article 16(3) — Compensation and assistance to passengers — Measures necessary) | 17 |
| 2007/C 096/30 | Case C-313/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery — Failure to transpose within the prescribed period) | 18 |
| 2007/C 096/31 | Case C-320/06: Judgment of the Court (Seventh Chamber) of 29 March 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2002/14/EC — Establishment of a general framework for informing and consulting employees in the European Community — Failure to implement within the period prescribed) | 18 |
| 2007/C 096/32 | Case C-388/06: Judgment of the Court (Seventh Chamber) of 29 March 2007 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Restructuring of the Community framework for the taxation of energy products and electricity — Failure to implement within the period prescribed) | 19 |
| 2007/C 096/33 | Case C-202/05: Order of the Court (Eighth Chamber) of 17 April 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division — United Kingdom) — Yissum Research and Development Company of the Hebrew University of Jerusalem v Comptroller-General of Patents (First subparagraph of Article 104(3) of the Rules of Procedure — Patent law — Medicinal products — Regulation (EEC) No 1768/92 — Supplementary protection certificate for medicinal products — Concept of ‘product’ — Concept of ‘combination of active ingredients’) | 19 |
| 2007/C 096/34 | Case C-395/05: Order of the Court of 6 March 2007 — (reference for a preliminary ruling from the Tribunale di Viterbo (Italy)) — Criminal proceedings against Antonello D'Antonio, Alessandro D'Antoni, Rodolfo Ramieri (Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Rules of competition applicable to undertakings — Interpretation of Articles 31 EC, 43 EC, 49 EC and 86 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties) | 20 |
| 2007/C 096/35 | Case C-397/05: Order of the Court (Sixth Chamber) of 6 May 2007 — (reference for a preliminary ruling from the Tribunale di Palermo (Italy)) — Criminal proceedings against Maria Grazia di Maggio, Salvatore Buccola (First paragraph of Article 104(3)of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Interpretation of Articles 43 EC and 49 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties) | 20 |
| 2007/C 096/36 | Case C-466/05: Order of the Court (Sixth Chamber) of 6 March 2007 — (Reference for a preliminary ruling from the Tribunale di Lecce (Italy)) — Criminal proceedings against Gianluca Damonte (First subparagraph of Article 104(3) of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Interpretation of Articles 43 EC and 49 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties) | 21 |
| 2007/C 096/37 | Case C-150/06 P: Order of the Court of 13 March 2007 — Arizona Chemical BV, Eastman Belgium BVBA, Cray Valley Iberica SA, v Commission of the European Communities, Republic of Finland (Appeal — Directive 67/548/EEC — Refusal to declassify rosin as a dangerous substance — Action for annulment — Act not open to challenge — Breach of the right to an effective legal remedy — Action for damages — Appeal clearly unfounded) | 21 |
| 2007/C 096/38 | Case C-168/06: Order of the Court (Sixth Chamber) of 6 March 2007 (reference for a preliminary ruling from the Wojewódzki Sąd Administracyny w Łodzi (Regional Administrative Court, Łódź) — Ceramika Paradyż sp.z oo v Dyrektor Izby Skarbowej w Łodzi (Article 104(3), first subparagraph, of the Rules of Procedure — First and Sixth VAT Directives — Facts pre-dating the accession of the Republic of Poland to the European Union — Jurisdiction of the Court) | 22 |
| 2007/C 096/39 | Case C-188/06 P: Order of the Court of 9 March 2007 — Schneider Electric SA v Commission of the European Communities (Appeals — Concentrations between undertakings — Electricity distribution market — Decisions to initiate and close proceedings) | 22 |
| 2007/C 096/40 | Case C-189/06 P: Order of the Court of 20 April 2007 — TEA-CEGOS, SA, Services techniques globaux (STG) SA v GHK Consulting Ltd, Commission of the European Communities (Appeal — Public contracts for services — Call for tenders relating to a multiple framework contract for the short term recruitment of experts responsible for providing technical assistance to third countries — Rejection of the appellants' tender — Appeal manifestly unfounded) | 23 |
| 2007/C 096/41 | Case C-191/06: Order of the Court (Sixth Chamber) of 6 March 2007 — (Reference for a preliminary ruling from the Tribunale di Lecce (Italy)) — Criminal proceedings against Aniello Gallo, Gianluca Damonte (Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Interpretation of Articles 43 EC and 49 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties) | 23 |
| 2007/C 096/42 | Case C-196/06 P: Order of the Court (Seventh Chamber) of 9 March 2007 — Alecansan SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), CompUSA Management Co (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of a figurative mark — Opposition of the proprietor of an earlier national figurative mark — Likelihood of confusion — None — No similarity between the goods and services covered by the conflicting trade marks) | 24 |
| 2007/C 096/43 | Case C-237/06 P: Order of the Court of 8 March 2007 — Guido Strack v Commission of the European Communities (Appeals — Staff cases — Decision to close an OLAF investigation — Allegations of fraud made by an official — Locus standi of the official) | 24 |
| 2007/C 096/44 | Case C-245/06 P: Order of the Court of 9 March 2007 — Saiwa SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Barilla G. and R. Fratelli SpA (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Application for a figurative mark including the word element ‘SELEZIONE ORO Barilla’ — Opposition by the holder of the national and international trade mark ORO and the national trade mark ORO SAIWA — Appeal in part manifestly inadmissible and in part manifestly unfounded) | 25 |
| 2007/C 096/45 | Case C-276/06: Order of the Court (Fifth Chamber) of 17 April 2007 (reference for a preliminary ruling from the Tribunal du Travail, Verviers (Belgium)) — Mamate El Youssfi v Office National des Pensions (ONP) (Article 104(3), first subparagraph, of the Rules of Procedure — Euro-Mediterranean Agreement EC-Morocco — Article 65 — Principle of non-discrimination in matters of social security — Statutory Guaranteed Income for Elderly Persons) | 25 |
| 2007/C 096/46 | Case C-323/06 P: Order of the Court of 20 March 2007 — Theodoros Kallianos v Commission of the European Communities (Appeal — Official — Remuneration — Maintenance payments in the context of divorce proceedings — Deductions from salary) | 26 |
| 2007/C 096/47 | Case C-325/06 P: Order of the Court of 20 March 2007 — Galileo International Technology LLC, Galileo International LLC, Galileo Belgium SA, Galileo Danmark A/S, Galileo Deutschland GmbH, Galileo España SA, Galileo France SARL, Galileo Nederland BV, Galileo Nordiska AB, Galileo Portugal Ltd, Galileo Sigma Srl, Galileo International Ltd, The Galileo Company, Timas Ltd (trading as Galileo Ireland) v Commission of the European Communities (Appeals — Community project for a satellite navigation system (GALILEO) — Harm suffered by the proprietors of trade marks and business names containing the word Galileo — Appeal partly manifestly admissible and partly manifestly unfounded) | 27 |
| 2007/C 096/48 | Case C-459/05: Order of the President of the Court of 7 March 2007 — Commission of the European Communities v Kingdom of Belgium | 27 |
| 2007/C 096/49 | Case C-69/06: Order of the President of the Fifth Chamber of the Court of 23 February 2007 — Commission of the European Communities v Republic of Slovakia | 27 |
| 2007/C 096/50 | Case C-83/06: Order of the President of the Court of 19 March 2007 — Commission of the European Communities v Italian Republic | 27 |
| 2007/C 096/51 | Case C-134/06: Order of the President of the Court of 16 February 2007 — Commission of the European Communities v Hellenic Republic | 28 |
| 2007/C 096/52 | Case C-153/06: Order of the President of the Eighth Chamber of the Court of 2 February 2007 — Commission of the European Communities v Republic of Finland | 28 |
| 2007/C 096/53 | Case C-169/06: Order of the President of the Court of 6 March 2007 (reference for a preliminary ruling from the Court of Appeal — United Kingdom) — Northern Foods Plc, The Queen v Secretary of State for the Environment, Food and Rural Affairs, Interested Party: The Melton Mowbray Pork Pie Association | 28 |
| 2007/C 096/54 | Case C-178/06: Order of the President of the Seventh Chamber of the Court of 21 March 2007 — Commission of the European Communities v Republic of Estonia | 28 |
| 2007/C 096/55 | Case C-253/06: Order of the President of the Court of 27 February 2007 — Commission of the European Communities v Federal Republic of Germany | 28 |
| 2007/C 096/56 | Case C-254/06: Order of the President of the Court of 18 April 2007 (reference for a preliminary ruling from the Cour d'appel de Bruxelles — Belgium) — Zürich Versicherungs-Gesellschaft v Office Benelux de la propriété intellectuelle formerly known as Bureau Benelux des Marques | 28 |
| 2007/C 096/57 | Case C-351/06: Order of the President of the Court of 6 March 2007 — Commission of the European Communities v Federal Republic of Germany | 29 |
| 2007/C 096/58 | Case C-366/06: Order of the President of the Court of 19 March 2007 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — DNA Verkot Oy, intervener: Sonera Mobile Networks Oy, Viestintävirasto | 29 |
| 2007/C 096/59 | Case C-367/06: Order of the President of the Court of 8 March 2007 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland | 29 |
| 2007/C 096/60 | Case C-386/06: Order of the President of the Court of 22 March 2007 (reference for a preliminary ruling from the Commissione tributaria provinciale di Milano — Italy) — Bakemark Italia Srl v Agenzia Entrate Ufficio Milano 1 | 29 |
| 2007/C 096/61 | Case C-447/06: Order of the President of the Court of 17 April 2007 (reference for a preliminary ruling from the Fővárosi Bíróság — Republic of Hungary) — Vodafone Magyarország Mobil Távközlési Zrt., Innomed Medical Orvostechnikai Rt. v Magyar Állam, Budapest Főváros Képviselő-testülete, Esztergom Város Önkormányzat Képviselő-testülete | 29 |
| 2007/C 096/62 | Case C-453/06: Order of the President of the Court of 12 April 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — 01051 Telecom GmbH v Bundesrepublik Deutschland intervener: Vodafone D2 GmbH | 29 |
| | Court of First Instance |
| 2007/C 096/63 | Case T-366/00: Judgment of the Court of First Instance (First Chamber) of 29 March 2007 — Scott SA v Commission of the European Communities (State aid — Land sale price — Decision ordering the recovery of aid incompatible with the common market — Errors in the calculation of the aid — Obligations of the Commission with regard to the calculation of the aid — Rights of the recipient of aid — Regulation (EC) No 659/1999 — Article 13(1)) | 30 |
| 2007/C 096/64 | Case T-369/00: Judgment of the Tribunal of First Instance of 29 March 2007 — Département du Loiret v Commission (State aid — Land sale price — Decision ordering the recovery of aid incompatible with the common market — Present-day value of the aid — Compound interest — Statement of reasons) | 30 |
| 2007/C 096/65 | Joined Cases T-109/02, T-118/02, T-122/02, T-125/02, T-126/02, T-128/02, T-129/02, T-132/02 and T-136/02: Judgment of the Court of First Instance of 26 April 2007 — Bolloré and Others v Commission (Competition — Cartels — Carbonless paper — Guidelines on the method of setting fines — Duration of the infringement — Gravity of the infringement — Increase for deterrence — Aggravating circumstances — Mitigating circumstances — Leniency Notice) | 31 |
| 2007/C 096/66 | Case T-220/04: Judgment of the Court of First Instance of 28 March 2007 — Spain v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Tomatoes and citrus fruits — Sample checks — Force majeure) | 32 |
| 2007/C 096/67 | Case T-264/04: Judgment of the Court of First Instance of 25 April 2007 — WWF European Policy Programme v Council (Access to documents — Regulation (EC) No 1049/2001 — Exceptions relating to the protection of the public interest — Partial access) | 32 |
| 2007/C 096/68 | Joined Cases T-333/04 and T-334/04: Judgment of the Court of First Instance of 18 April 2007 — House of Donuts International v OHIM — Panrico (House of Donuts) (Community trade mark — Opposition proceedings — Applications for Community figurative marks ‘House of donuts’ — Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ — Relative ground for refusal — Likelihood of confusion) | 33 |
| 2007/C 096/69 | Case T-368/04: Judgment of the Court of First Instance of 29 March 2007 — Verheyden v Commission (Staff case — Application to carry over annual leave — Requirements of the service — Sick leave — Protection of legitimate expectations) | 33 |
| 2007/C 096/70 | Case T-195/05: Judgment of the Court of First Instance of 18 April 2007 — Deloitte Business Advisory v Commission (Public service contracts — Call for tenders for programme evaluation activities and other activities in the public health sector — Rejection of a tender — Conflict of interest) | 34 |
| 2007/C 096/71 | Case T-183/04: Order of the Court of First Instance of 19 March 2007 — Tokai Europe GmbH v Commission of the European Communities (Action for annulment — Common Customs Tariff — Classification in the Combined Nomenclature — Person not individually concerned — Inadmissibility) | 34 |
| 2007/C 096/72 | Case T-417/04: Order of the Court of First Instance of 12 March 2007 — Regione autonoma Friuli-Venezia Giulia v Commission (Action for annulment — Regulation (EC) No 1429/2004 — Agriculture — Common organisation of the market in wine — Set of rules governing the use of the list of vine varieties and their synonyms — Limitation in time on use — Action brought by a sub-State body — Persons individually concerned — Inadmissibility) | 35 |
| 2007/C 096/73 | Case T-418/04: Order of the Court of First Instance of 12 March 2007 — Confcooperative, Unione regionale della Cooperazione Friuli-Venezia Giulia Federagricole and Others v Commission (Action for annulment — Regulation (EC) No 1429/2004 — Agriculture — Common organisation of the market in wine — Rules for the use of the names of vine varieties and their synonyms — Temporal limits as regards use — Legal persons — Persons individually concerned — Inadmissibility) | 35 |
| 2007/C 096/74 | Case T-345/05 R: Order of the President of the Court of First Instance of 16 March 2007 — V v Parliament (Application for interim measures — Waiver of the immunity of a Member of the European Parliament — Application for suspension of operation — Application for other interim measures — Admissibility — Urgency) | 36 |
| 2007/C 096/75 | Case T-449/05: Order of the Court of First Instance of 16 February 2007 — Dikigorikos Syllogos Ioanninon v European Parliament and Council of the European Union (Action for annulment — Directive 2005/36/EC of the Parliament and of the Council — Recognition of professional qualifications — Freedom of establishment — Lawyers — Not directly and individually concerned — Inadmissibility) | 36 |
| 2007/C 096/76 | Case T-384/06 R: Order of the President of the Court of First Instance of 28 March 2007 — IBP and International Building Products France v Commission (Interim measures — Application for suspension of operation — Competition — Payment of a fine — Bank guarantee — Lack of urgency) | 37 |
| 2007/C 096/77 | Case T-5/07: Order of the Court of First Instance of 15 March 2007 — Belgium v Commission (Action for annulment — Time-limit for bringing an action — Unforeseeable circumstances — Excusable error — Manifest inadmissibility) | 37 |
| 2007/C 096/78 | Case T-129/05: Order of the Court of First Instance of 19 April 2007 — Wal-Mart Stores v OHIM — Sánchez Villar (WAL-MART) | 38 |
| 2007/C 096/79 | Case T-325/05: Order of the Court of First Instance (Third Chamber) of 22 March 2007 — TUI v OHIM | 38 |
| | European Union Civil Service Tribunal |
| 2007/C 096/80 | Case F-31/05: Judgment of the Civil Service Tribunal (Third Chamber) of 29 March 2007 — Cwik v Commission (Officials — Appraisal — Career development report — 2003 appraisal procedure — Action for annulment — Plea of illegality — Manifest error of assessment) | 39 |
| 2007/C 096/81 | Case F-9/06: Judgment of the Civil Service Tribunal (Second Chamber) of 19 April 2007 — Canteiro Lopez v Commission (Promotion — No definitive staff report — Comparative examination of the merits) | 39 |
| 2007/C 096/82 | Cases F-44/06 and F-94/06: Judgment of the Civil Service Tribunal (First Chamber) of 17 April 2007 — C and F v Commission (Officials — Article 78 of the Staff Regulations — Invalidity pension — Compliance with a judgment of the Court of First Instance — Action for annulment and compensation) | 40 |
| 2007/C 096/83 | Case F-50/06: Judgment of the Civil Service Tribunal (Third Chamber) of 25 April 2007 — Lebedef-Caponi v Commission (Officials — Appraisal — Career development report — 2004 appraisal exercise — General implementing provisions of Article 43 of the Staff Regulations — Article 26 of the Staff Regulations) | 40 |
| 2007/C 096/84 | Case F-71/06: Judgment of the Civil Service Tribunal (Third Chamber) of 25 April 2007 — Lebedef-Caponi v Commission (Officials — Appraisal — Career development report — 2004 appraisal procedure — GIP of Article 43 of the Staff Regulations — Article 26 of the Staff Regulations) | 40 |
| 2007/C 096/85 | Case F-82/05: Order of the Civil Service Tribunal (Second Chamber) of 16 April 2007 — Thierry v Commission (Officials — Promotion — Non-inclusion in the list of officials promoted — 2004 promotion procedure — Priority points — Merit — Length of service — Admissibility) | 41 |
| 2007/C 096/86 | Case F-39/06: Order of the Civil Service Tribunal (Third Chamber) of 29 March 2007 — Chassagne v Commission (Officials — Remuneration — Annual travel expenses — Provisions applicable to officials originating from French overseas departments — Article 8 of Annex VII to the amended Staff Regulations — Application manifestly unfounded in law) | 41 |
| 2007/C 096/87 | Case F-59/06: Order of the Civil Service Tribunal (Second Chamber) of 25 April 2007 — Kerstens v Commission of the European Communities (Career development report — 2004 appraisal procedure — Infringement of Article 43 of the Staff Regulations — Infringement of the GIP of Article 43 of the Staff Regulations) | 42 |
| 2007/C 096/88 | Case F-87/06: Order of the Civil Service Tribunal (First Chamber) of 27 March 2007 — Manté v Council (Staff cases — Pay — Installation allowance — National expert on secondment who has been appointed an official — Recovery of sum not due — Manifest inadmissibility) | 42 |
| 2007/C 096/89 | Case F-13/07: Order of the Civil Service Tribunal (First Chamber) of 20 April 2007 — L v European Medicines Agency (EMEA) (Staff case — Invalidity — Invalidity Committee — Refusal to convene — Manifest inadmissibility) | 42 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2007/C 096/02

Case C-470/03: Judgment of the Court (Grand Chamber) of 17 April 2007 (reference for a preliminary ruling from the Tampereen käräjäoikeus, Finland) — AGM-COS.MET Srl v Suomen valtio, Tarmo Lehtinen (Directive 98/37/EC — Measures having equivalent effect — Machinery presumed to comply with Directive 98/37/EC — Criticism expressed publicly by a State official)

2

2007/C 096/03

Case C-64/04: Judgment of the Court (Third Chamber) of 29 March 2007 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Fishing licences — Regulation (EC) No 3690/93 — Vessels Cleopatra and Ocean Quest — Definitive transfer of those vessels to Argentina)

3

2007/C 096/04

Case C-134/04: Judgment of the Court (Seventh Chamber) of 19 April 2007 — Kingdom of Spain v Council of the European Union (Fisheries — Regulation (EC) No 2287/2003 distributing catch quotas among Member States — Act of Accession of Spain — End of the transitional period — Requirement of relative stability — Principle of non-discrimination — New fishing opportunities)

3

2007/C 096/05

Case C-195/04: Judgment of the Court (Second Chamber) of 26 April 2007 — Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Public supply contract for catering equipment — Article 28 EC — Quantitative restrictions on imports — Measures having equivalent effect — Principle of non-discrimination — Obligation of transparency)

3

2007/C 096/06

Case C-347/04: Judgment of the Court (Second Chamber) of 29 March 2007 (reference for a preliminary ruling from the Finanzgericht Köln — Germany) — Rewe Zentralfinanz eG, as universal legal successor of ITS Reisen GmbH v Finanzamt Köln-Mitte (Freedom of establishment — Corporation tax — Immediate offsetting of losses incurred by parent companies — Losses stemming from write-downs to the book value of shareholdings in subsidiaries established in other Member States)

4

2007/C 096/07

Case C-348/04: Judgment of the Court (Second Chamber) of 26 April 2007 (reference for a preliminary ruling from the Court of Appeal — United Kingdom) — Boehringer Ingelheim KG, Boehringer Ingelheim Pharma GmbH & Co. KG v Swingward Ltd, and Boehringer Ingelheim KG, Boehringer Ingelheim Pharma GmbH & Co. KG v Dowelhurst Ltd, and Glaxo Group Ltd v Swingward Ltd, and Glaxo Group Ltd, The Wellcome Foundation Ltd v Dowelhurst Ltd, and SmithKline Beecham plc, Beecham Group plc, SmithKline & French Laboratories Ltd v Dowelhurst Ltd, and Eli Lilly and Co. v Dowelhurst Ltd (Industrial and commercial property — Trade mark rights — Pharmaceutical products — Parallel imports — Repackaging of the product bearing the trade mark)

4

2007/C 096/08

Case C-437/04: Judgment of the Court (First Chamber) of 22 March 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Protocol on the Privileges and Immunities of the European Communities — Buildings leased by the Communities — Region of Brussels Capital — Tax on owners)

6

2007/C 096/09

Case C-523/04: Judgment of the Court (Grand Chamber) of 24 April 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Conclusion by a Member State of a bilateral air transport agreement with the United States of America — Right of establishment — Secondary law governing the internal market in air transport — External competence of the Community)

6

2007/C 096/10

Case C-111/05: Judgment of the Court (Third Chamber) of 29 March 2007 (reference for a preliminary ruling from the Regeringsrätten — Sweden) — Aktiebolaget NN v Skatteverket (Sixth VAT Directive — Supply of goods — Article 8(1)(a) — Fibre-optic cable between two Member States running in part outside Community territory — Tax jurisdiction of each Member State limited to the length of cable installed on its territory — Non-taxation of the part lying in the exclusive economic zone, on the continental shelf or on the seabed)

7

2007/C 096/11

Case C-135/05: Judgment of the Court (Third Chamber) of 26 April 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Waste management — Directives 75/442/EEC, 91/689/EEC and 1999/31/EC)

8

2007/C 096/12

Case C-219/05: Judgment of the Court (Fifth Chamber) of 19 April 2007 — Commission of the European Communities v Spain (Failure by a Member State to fulfil its obligations — Directive 91/271/EEC — Pollution and nuisance — Treatment of urban waste water — Agglomeration of Sueca, its coastal districts and certain municipalities of La Ribera — Discharge in a sensitive area without treatment)

8

2007/C 096/13

Case C-273/05 P: Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd (Appeal — Community trade mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Application for word mark CELLTECH — Absolute grounds for refusal — Lack of distinctive character — Descriptive character)

9

2007/C 096/14

Case C-282/05 P: Judgment of the Court (Second Chamber) of 19 April 2007 — Holcim (Deutschland) AG, formerly Alsen AG v Commission of the European Communities (Appeals — Non-contractual liability of the Community — Article 85 of the EC Treaty (now Article 81 EC) — Reimbursement of bank guarantee charges)

9

2007/C 096/15

Case C-295/05: Judgment of the Court (Second Chamber) of 19 April 2007 (Reference for a preliminary ruling from the Tribunal Supremo, Spain) — Asociación Nacional de Empresas Forestales (ASEMFO) v Transformación Agraria SA, Administración del Estado (Reference for a preliminary ruling — Admissibility — Article 86(1) EC — No independent effect — Factors permitting material which enables the Court to give a useful answer to the questions referred — Directives 92/50/EEC, 93/36/EEC and 93/37/EEC — National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts — Internal management structure — Conditions — The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments — The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it)

10

2007/C 096/16

Case C-356/05: Judgment of the Court (First Chamber) of 19 April 2007 (reference for a preliminary ruling from the High Court of Ireland — Ireland) — Elaine Farrell v Alan Whitty, Minister for the Environment, Ireland, Attorney General, Motor Insurers' Bureau of Ireland (MIBI) (Compulsory insurance for civil liability in respect of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Injuries to the passengers of a vehicle — Part of a vehicle not adapted for the carriage of seated passengers)

10

2007/C 096/17

Case C-381/05: Judgment of the Court (First Chamber) of 19 April 2007 (reference for a preliminary ruling from the Cour d'appel de Bruxelles, (Belgium)) — De Landtsheer Emmanuel SA v Comité Interprofessionnel du Vin de Champagne and Veuve Clicquot Ponsardin SA (Directives 84/450/EEC and 97/55/EC — Comparative advertising — Identifying a competitor or the goods or services offered by a competitor — Goods or services satisfying the same needs or with the same purpose — Reference to designations of origin)

11

2007/C 096/18

Case C-383/05: Judgment of the Court (First Chamber) of 22 March 2007 (reference for a preliminary ruling from the Cour de cassation (Belgium)) — Raffaele Talotta v Belgium State (Freedom of establishment — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Non-resident taxpayer carrying out a self-employed activity — Setting of minimum tax bases applicable only to non-resident taxpayers — Justified by requirements of general interest — Effectiveness of fiscal supervision — Not justified)

12

2007/C 096/19

Case C-392/05: Judgment of the Court (Fourth Chamber) of 26 April 2007 (reference for a preliminary ruling from the Simvoulio tis Epikratias — (Greece)) — Georgios Alevizos v Ipourgos Ikonomikon (Freedom of movement for workers — Directive 83/183/EEC — Article 6 — Definitive import into one Member State of a private vehicle from another Member State — Member of the armed forces of one Member State posted temporarily to another Member State for official reasons — Concept of ‘normal residence’)

12

2007/C 096/20

Case C-412/05 P: Judgment of the Court (Third Chamber) of 26 April 2007 — Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA (Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Relative ground for refusal of registration — Likelihood of confusion — Article 43(2) and (3) — Genuine use — New plea — Word mark ‘TRAVATAN’ — Opposition by proprietor of earlier national trade mark ‘TRIVASTAN’)

13

2007/C 096/21

Case C-423/05: Judgment of the Court (Seventh Chamber) of 29 March 2007 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Waste management — Directives 75/442/EEC and 1999/31/EC — Unlawful or unsupervised landfill sites)

13

2007/C 096/22

Case C-444/05: Judgment of the Court (Second Chamber) of 19 April 2007 (reference for a preliminary ruling from the Diikitiko Protodikio Athinon — Greece) — Aikaterini Stamatelaki v NPDD Organismos Asfaliseos Eleftheron Epangelmation (OAEE) (Restrictions on the freedom to provide services — Reimbursement of the cost of treatment in private hospitals — Justification for, and proportionality of, the exclusion)

14

2007/C 096/23

Case C-455/05: Judgment of the Court (Third Chamber) of 19 April 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg (Germany)) — Velvet & Steel Immobilien und Handels GmbH v Finanzamt Hamburg-Eimsbüttel (Sixth VAT Directive — Exemptions — Article 13B(d)(2) — Concept of ‘assumption of obligations’ — Assumption of the obligation to renovate a property — Refusal of exemption)

14

2007/C 096/24

Case C-15/06 P: Judgment of the Court (Fifth Chamber) of 22 March 2007 — Regione Siciliana v Commission of the European Communities (Appeal — European Regional Development Fund (ERDF) — Closure of Community financial assistance — Action for annulment — Admissibility — Local or regional entity — Measures of direct and individual concern to that entity — Direct concern)

15

2007/C 096/25

Case C-63/06: Judgment of the Court (Eighth Chamber) of 19 April 2007 (reference for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Republic of Lithuania) — UAB Profisa v Muitinės departamentas prie Lietuvos respublikos finansц ministerijos (Directive 92/83/EEC — Harmonisation of structures of excise duties on alcohol and alcoholic beverages — Article 27(1)(f) — Alcohol contained in chocolate products — Exemption from the harmonised excise duty)

15

2007/C 096/26

Case C-72/06: Judgment of the Court (Fifth Chamber) of 19 April 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2003/9/EC — Asylum policy — Asylum seekers — Reception — Minimum standards — Failure to transpose within the prescribed period)

16

2007/C 096/27

Case C-141/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2002/65/EC — Financial services — Distance marketing — Failure to transpose within the prescribed period)

16

2007/C 096/28

Case C-229/06: Judgment of the Court (Seventh Chamber) of 19 April 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Sunshine Deutschland Handelsgesellschaft mbH v Hauptzollamt Kiel (Common Customs Tariff — Tariff classification — Combined Nomenclature — Pumpkin seeds which have lost their ability to germinate)

17

2007/C 096/29

Case C-264/06: Judgment of the Court (Eighth Chamber) of 19 April 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Regulation (EC) No 261/2004 — Article 16(3) — Compensation and assistance to passengers — Measures necessary)

17

2007/C 096/30

Case C-313/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery — Failure to transpose within the prescribed period)

18

2007/C 096/31

Case C-320/06: Judgment of the Court (Seventh Chamber) of 29 March 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2002/14/EC — Establishment of a general framework for informing and consulting employees in the European Community — Failure to implement within the period prescribed)

18

2007/C 096/32

Case C-388/06: Judgment of the Court (Seventh Chamber) of 29 March 2007 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Restructuring of the Community framework for the taxation of energy products and electricity — Failure to implement within the period prescribed)

19

2007/C 096/33

Case C-202/05: Order of the Court (Eighth Chamber) of 17 April 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division — United Kingdom) — Yissum Research and Development Company of the Hebrew University of Jerusalem v Comptroller-General of Patents (First subparagraph of Article 104(3) of the Rules of Procedure — Patent law — Medicinal products — Regulation (EEC) No 1768/92 — Supplementary protection certificate for medicinal products — Concept of ‘product’ — Concept of ‘combination of active ingredients’)

19

2007/C 096/34

Case C-395/05: Order of the Court of 6 March 2007 — (reference for a preliminary ruling from the Tribunale di Viterbo (Italy)) — Criminal proceedings against Antonello D'Antonio, Alessandro D'Antoni, Rodolfo Ramieri (Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Rules of competition applicable to undertakings — Interpretation of Articles 31 EC, 43 EC, 49 EC and 86 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties)

20

2007/C 096/35

Case C-397/05: Order of the Court (Sixth Chamber) of 6 May 2007 — (reference for a preliminary ruling from the Tribunale di Palermo (Italy)) — Criminal proceedings against Maria Grazia di Maggio, Salvatore Buccola (First paragraph of Article 104(3)of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Interpretation of Articles 43 EC and 49 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties)

20

2007/C 096/36

Case C-466/05: Order of the Court (Sixth Chamber) of 6 March 2007 — (Reference for a preliminary ruling from the Tribunale di Lecce (Italy)) — Criminal proceedings against Gianluca Damonte (First subparagraph of Article 104(3) of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Interpretation of Articles 43 EC and 49 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties)

21

2007/C 096/37

Case C-150/06 P: Order of the Court of 13 March 2007 — Arizona Chemical BV, Eastman Belgium BVBA, Cray Valley Iberica SA, v Commission of the European Communities, Republic of Finland (Appeal — Directive 67/548/EEC — Refusal to declassify rosin as a dangerous substance — Action for annulment — Act not open to challenge — Breach of the right to an effective legal remedy — Action for damages — Appeal clearly unfounded)

21

2007/C 096/38

Case C-168/06: Order of the Court (Sixth Chamber) of 6 March 2007 (reference for a preliminary ruling from the Wojewódzki Sąd Administracyny w Łodzi (Regional Administrative Court, Łódź) — Ceramika Paradyż sp.z oo v Dyrektor Izby Skarbowej w Łodzi (Article 104(3), first subparagraph, of the Rules of Procedure — First and Sixth VAT Directives — Facts pre-dating the accession of the Republic of Poland to the European Union — Jurisdiction of the Court)

22

2007/C 096/39

Case C-188/06 P: Order of the Court of 9 March 2007 — Schneider Electric SA v Commission of the European Communities (Appeals — Concentrations between undertakings — Electricity distribution market — Decisions to initiate and close proceedings)

22

2007/C 096/40

Case C-189/06 P: Order of the Court of 20 April 2007 — TEA-CEGOS, SA, Services techniques globaux (STG) SA v GHK Consulting Ltd, Commission of the European Communities (Appeal — Public contracts for services — Call for tenders relating to a multiple framework contract for the short term recruitment of experts responsible for providing technical assistance to third countries — Rejection of the appellants' tender — Appeal manifestly unfounded)

23

2007/C 096/41

Case C-191/06: Order of the Court (Sixth Chamber) of 6 March 2007 — (Reference for a preliminary ruling from the Tribunale di Lecce (Italy)) — Criminal proceedings against Aniello Gallo, Gianluca Damonte (Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Interpretation of Articles 43 EC and 49 EC — Games of chance — Collection of bets on sporting events — Licensing requirement — Exclusion of certain operators by reason of their type of corporate form — Requirement of police authorisation — Criminal penalties)

23

2007/C 096/42

Case C-196/06 P: Order of the Court (Seventh Chamber) of 9 March 2007 — Alecansan SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), CompUSA Management Co (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of a figurative mark — Opposition of the proprietor of an earlier national figurative mark — Likelihood of confusion — None — No similarity between the goods and services covered by the conflicting trade marks)

24

2007/C 096/43

Case C-237/06 P: Order of the Court of 8 March 2007 — Guido Strack v Commission of the European Communities (Appeals — Staff cases — Decision to close an OLAF investigation — Allegations of fraud made by an official — Locus standi of the official)

24

2007/C 096/44

Case C-245/06 P: Order of the Court of 9 March 2007 — Saiwa SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Barilla G. and R. Fratelli SpA (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Application for a figurative mark including the word element ‘SELEZIONE ORO Barilla’ — Opposition by the holder of the national and international trade mark ORO and the national trade mark ORO SAIWA — Appeal in part manifestly inadmissible and in part manifestly unfounded)

25

2007/C 096/45

Case C-276/06: Order of the Court (Fifth Chamber) of 17 April 2007 (reference for a preliminary ruling from the Tribunal du Travail, Verviers (Belgium)) — Mamate El Youssfi v Office National des Pensions (ONP) (Article 104(3), first subparagraph, of the Rules of Procedure — Euro-Mediterranean Agreement EC-Morocco — Article 65 — Principle of non-discrimination in matters of social security — Statutory Guaranteed Income for Elderly Persons)

25

2007/C 096/46

Case C-323/06 P: Order of the Court of 20 March 2007 — Theodoros Kallianos v Commission of the European Communities (Appeal — Official — Remuneration — Maintenance payments in the context of divorce proceedings — Deductions from salary)

26

2007/C 096/47

Case C-325/06 P: Order of the Court of 20 March 2007 — Galileo International Technology LLC, Galileo International LLC, Galileo Belgium SA, Galileo Danmark A/S, Galileo Deutschland GmbH, Galileo España SA, Galileo France SARL, Galileo Nederland BV, Galileo Nordiska AB, Galileo Portugal Ltd, Galileo Sigma Srl, Galileo International Ltd, The Galileo Company, Timas Ltd (trading as Galileo Ireland) v Commission of the European Communities (Appeals — Community project for a satellite navigation system (GALILEO) — Harm suffered by the proprietors of trade marks and business names containing the word Galileo — Appeal partly manifestly admissible and partly manifestly unfounded)

27

2007/C 096/48

Case C-459/05: Order of the President of the Court of 7 March 2007 — Commission of the European Communities v Kingdom of Belgium

27

2007/C 096/49

Case C-69/06: Order of the President of the Fifth Chamber of the Court of 23 February 2007 — Commission of the European Communities v Republic of Slovakia

27

2007/C 096/50

Case C-83/06: Order of the President of the Court of 19 March 2007 — Commission of the European Communities v Italian Republic

27

2007/C 096/51

Case C-134/06: Order of the President of the Court of 16 February 2007 — Commission of the European Communities v Hellenic Republic

28

2007/C 096/52

Case C-153/06: Order of the President of the Eighth Chamber of the Court of 2 February 2007 — Commission of the European Communities v Republic of Finland

28

2007/C 096/53

Case C-169/06: Order of the President of the Court of 6 March 2007 (reference for a preliminary ruling from the Court of Appeal — United Kingdom) — Northern Foods Plc, The Queen v Secretary of State for the Environment, Food and Rural Affairs, Interested Party: The Melton Mowbray Pork Pie Association

28

2007/C 096/54

Case C-178/06: Order of the President of the Seventh Chamber of the Court of 21 March 2007 — Commission of the European Communities v Republic of Estonia

28

2007/C 096/55

Case C-253/06: Order of the President of the Court of 27 February 2007 — Commission of the European Communities v Federal Republic of Germany

28

2007/C 096/56

Case C-254/06: Order of the President of the Court of 18 April 2007 (reference for a preliminary ruling from the Cour d'appel de Bruxelles — Belgium) — Zürich Versicherungs-Gesellschaft v Office Benelux de la propriété intellectuelle formerly known as Bureau Benelux des Marques

28

2007/C 096/57

Case C-351/06: Order of the President of the Court of 6 March 2007 — Commission of the European Communities v Federal Republic of Germany

29

2007/C 096/58

Case C-366/06: Order of the President of the Court of 19 March 2007 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — DNA Verkot Oy, intervener: Sonera Mobile Networks Oy, Viestintävirasto

29

2007/C 096/59

Case C-367/06: Order of the President of the Court of 8 March 2007 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

29

2007/C 096/60

Case C-386/06: Order of the President of the Court of 22 March 2007 (reference for a preliminary ruling from the Commissione tributaria provinciale di Milano — Italy) — Bakemark Italia Srl v Agenzia Entrate Ufficio Milano 1

29

2007/C 096/61

Case C-447/06: Order of the President of the Court of 17 April 2007 (reference for a preliminary ruling from the Fővárosi Bíróság — Republic of Hungary) — Vodafone Magyarország Mobil Távközlési Zrt., Innomed Medical Orvostechnikai Rt. v Magyar Állam, Budapest Főváros Képviselő-testülete, Esztergom Város Önkormányzat Képviselő-testülete

29

2007/C 096/62

Case C-453/06: Order of the President of the Court of 12 April 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — 01051 Telecom GmbH v Bundesrepublik Deutschland intervener: Vodafone D2 GmbH

29

Court of First Instance

2007/C 096/63

Case T-366/00: Judgment of the Court of First Instance (First Chamber) of 29 March 2007 — Scott SA v Commission of the European Communities (State aid — Land sale price — Decision ordering the recovery of aid incompatible with the common market — Errors in the calculation of the aid — Obligations of the Commission with regard to the calculation of the aid — Rights of the recipient of aid — Regulation (EC) No 659/1999 — Article 13(1))

30

2007/C 096/64

Case T-369/00: Judgment of the Tribunal of First Instance of 29 March 2007 — Département du Loiret v Commission (State aid — Land sale price — Decision ordering the recovery of aid incompatible with the common market — Present-day value of the aid — Compound interest — Statement of reasons)

30

2007/C 096/65

Joined Cases T-109/02, T-118/02, T-122/02, T-125/02, T-126/02, T-128/02, T-129/02, T-132/02 and T-136/02: Judgment of the Court of First Instance of 26 April 2007 — Bolloré and Others v Commission (Competition — Cartels — Carbonless paper — Guidelines on the method of setting fines — Duration of the infringement — Gravity of the infringement — Increase for deterrence — Aggravating circumstances — Mitigating circumstances — Leniency Notice)

31

2007/C 096/66

Case T-220/04: Judgment of the Court of First Instance of 28 March 2007 — Spain v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Tomatoes and citrus fruits — Sample checks — Force majeure)

32

2007/C 096/67

Case T-264/04: Judgment of the Court of First Instance of 25 April 2007 — WWF European Policy Programme v Council (Access to documents — Regulation (EC) No 1049/2001 — Exceptions relating to the protection of the public interest — Partial access)

32

2007/C 096/68

Joined Cases T-333/04 and T-334/04: Judgment of the Court of First Instance of 18 April 2007 — House of Donuts International v OHIM — Panrico (House of Donuts) (Community trade mark — Opposition proceedings — Applications for Community figurative marks ‘House of donuts’ — Earlier national word marks ‘DONUT’ and earlier figurative marks ‘donuts’ — Relative ground for refusal — Likelihood of confusion)

33

2007/C 096/69

Case T-368/04: Judgment of the Court of First Instance of 29 March 2007 — Verheyden v Commission (Staff case — Application to carry over annual leave — Requirements of the service — Sick leave — Protection of legitimate expectations)

33

2007/C 096/70

Case T-195/05: Judgment of the Court of First Instance of 18 April 2007 — Deloitte Business Advisory v Commission (Public service contracts — Call for tenders for programme evaluation activities and other activities in the public health sector — Rejection of a tender — Conflict of interest)

34

2007/C 096/71

Case T-183/04: Order of the Court of First Instance of 19 March 2007 — Tokai Europe GmbH v Commission of the European Communities (Action for annulment — Common Customs Tariff — Classification in the Combined Nomenclature — Person not individually concerned — Inadmissibility)

34

2007/C 096/72

Case T-417/04: Order of the Court of First Instance of 12 March 2007 — Regione autonoma Friuli-Venezia Giulia v Commission (Action for annulment — Regulation (EC) No 1429/2004 — Agriculture — Common organisation of the market in wine — Set of rules governing the use of the list of vine varieties and their synonyms — Limitation in time on use — Action brought by a sub-State body — Persons individually concerned — Inadmissibility)

35

2007/C 096/73

Case T-418/04: Order of the Court of First Instance of 12 March 2007 — Confcooperative, Unione regionale della Cooperazione Friuli-Venezia Giulia Federagricole and Others v Commission (Action for annulment — Regulation (EC) No 1429/2004 — Agriculture — Common organisation of the market in wine — Rules for the use of the names of vine varieties and their synonyms — Temporal limits as regards use — Legal persons — Persons individually concerned — Inadmissibility)

35

2007/C 096/74

Case T-345/05 R: Order of the President of the Court of First Instance of 16 March 2007 — V v Parliament (Application for interim measures — Waiver of the immunity of a Member of the European Parliament — Application for suspension of operation — Application for other interim measures — Admissibility — Urgency)

36

2007/C 096/75

Case T-449/05: Order of the Court of First Instance of 16 February 2007 — Dikigorikos Syllogos Ioanninon v European Parliament and Council of the European Union (Action for annulment — Directive 2005/36/EC of the Parliament and of the Council — Recognition of professional qualifications — Freedom of establishment — Lawyers — Not directly and individually concerned — Inadmissibility)

36

2007/C 096/76

Case T-384/06 R: Order of the President of the Court of First Instance of 28 March 2007 — IBP and International Building Products France v Commission (Interim measures — Application for suspension of operation — Competition — Payment of a fine — Bank guarantee — Lack of urgency)

37

2007/C 096/77

Case T-5/07: Order of the Court of First Instance of 15 March 2007 — Belgium v Commission (Action for annulment — Time-limit for bringing an action — Unforeseeable circumstances — Excusable error — Manifest inadmissibility)

37

2007/C 096/78

Case T-129/05: Order of the Court of First Instance of 19 April 2007 — Wal-Mart Stores v OHIM — Sánchez Villar (WAL-MART)

38

2007/C 096/79

Case T-325/05: Order of the Court of First Instance (Third Chamber) of 22 March 2007 — TUI v OHIM

38

European Union Civil Service Tribunal

2007/C 096/80

Case F-31/05: Judgment of the Civil Service Tribunal (Third Chamber) of 29 March 2007 — Cwik v Commission (Officials — Appraisal — Career development report — 2003 appraisal procedure — Action for annulment — Plea of illegality — Manifest error of assessment)

39

2007/C 096/81

Case F-9/06: Judgment of the Civil Service Tribunal (Second Chamber) of 19 April 2007 — Canteiro Lopez v Commission (Promotion — No definitive staff report — Comparative examination of the merits)

39

2007/C 096/82

Cases F-44/06 and F-94/06: Judgment of the Civil Service Tribunal (First Chamber) of 17 April 2007 — C and F v Commission (Officials — Article 78 of the Staff Regulations — Invalidity pension — Compliance with a judgment of the Court of First Instance — Action for annulment and compensation)

40

2007/C 096/83

Case F-50/06: Judgment of the Civil Service Tribunal (Third Chamber) of 25 April 2007 — Lebedef-Caponi v Commission (Officials — Appraisal — Career development report — 2004 appraisal exercise — General implementing provisions of Article 43 of the Staff Regulations — Article 26 of the Staff Regulations)

40

2007/C 096/84

Case F-71/06: Judgment of the Civil Service Tribunal (Third Chamber) of 25 April 2007 — Lebedef-Caponi v Commission (Officials — Appraisal — Career development report — 2004 appraisal procedure — GIP of Article 43 of the Staff Regulations — Article 26 of the Staff Regulations)

40

2007/C 096/85

Case F-82/05: Order of the Civil Service Tribunal (Second Chamber) of 16 April 2007 — Thierry v Commission (Officials — Promotion — Non-inclusion in the list of officials promoted — 2004 promotion procedure — Priority points — Merit — Length of service — Admissibility)

41

2007/C 096/86

Case F-39/06: Order of the Civil Service Tribunal (Third Chamber) of 29 March 2007 — Chassagne v Commission (Officials — Remuneration — Annual travel expenses — Provisions applicable to officials originating from French overseas departments — Article 8 of Annex VII to the amended Staff Regulations — Application manifestly unfounded in law)

41

2007/C 096/87

Case F-59/06: Order of the Civil Service Tribunal (Second Chamber) of 25 April 2007 — Kerstens v Commission of the European Communities (Career development report — 2004 appraisal procedure — Infringement of Article 43 of the Staff Regulations — Infringement of the GIP of Article 43 of the Staff Regulations)

42

2007/C 096/88

Case F-87/06: Order of the Civil Service Tribunal (First Chamber) of 27 March 2007 — Manté v Council (Staff cases — Pay — Installation allowance — National expert on secondment who has been appointed an official — Recovery of sum not due — Manifest inadmissibility)

42

2007/C 096/89

Case F-13/07: Order of the Civil Service Tribunal (First Chamber) of 20 April 2007 — L v European Medicines Agency (EMEA) (Staff case — Invalidity — Invalidity Committee — Refusal to convene — Manifest inadmissibility)

42

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| | Corrigenda |
| --- | --- |
| 2007/C 096/90 | Corrigendum to the notice to the Official Journal in Case T-127/05 (OJ C 56, 10.3.2007, p. 28) | 43 |

Corrigenda

2007/C 096/90

Corrigendum to the notice to the Official Journal in Case T-127/05 (OJ C 56, 10.3.2007, p. 28)

(OJ C 56, 10.3.2007, p. 28)

43

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