# Official Journal C 228/11 S

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 228 |
| | |
| English edition | Information and Notices | Volume 4711 September 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 228

English edition

Information and Notices

Volume 4711 September 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Court of Justice |
| | COURT OF JUSTICE |
| 2004/C 228/1 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-501/00: Kingdom of Spain v Commission of the European Communities (Articles 4(c) CS and 67 CS — Commission Decision No 2496/96 ECSC — Export aid for steel undertakings — Observance of a reasonable period — Tax deduction — Obligation to state reasons — Selective nature — General measure) | 1 |
| 2004/C 228/2 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-272/01: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Directive 76/160/EEC — Quality of bathing water — Failure to conform to limit values — Failure to identify all inland bathing areas in Portugal — Failure to collect a sufficient number of samples) | 1 |
| 2004/C 228/3 | Judgment of the Court (Sixth Chamber) of 15 July 2004 in Case C-349/01: Betriebsrat der Firma ADS Anker GmbH v ADS Anker GmbH (Social policy — Articles 4 and 11 of Directive 94/45/CE — European Works Council — Information and consultation of workers in Community-scale undertakings — Obligation for central management to provide certain information to employees' representatives) | 2 |
| 2004/C 228/4 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-381/01: Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector) | 2 |
| 2004/C 228/5 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-495/01: Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Directive 77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector) | 3 |
| 2004/C 228/6 | Judgment of the Court (Second Chamber) of 15 July 2004 in Joined Cases C-37/02 and C-38/02 (references for a preliminary ruling by the Tribunale amministrativo regionale per il Veneto): Di Lenardo Adriano Srl and Dilexport Srl v Ministero del Commercio con l'Estero (Bananas — Common organisation of the market — Regulation (EC) No 896/2001 — Common system of trade with third countries — Primary imports — Validity — Protection of legitimate expectations — Retroactivity — Implementing power) | 3 |
| 2004/C 228/7 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-144/02: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 77/388/EC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector) | 4 |
| 2004/C 228/8 | Judgment of the Court (Second Chamber) 15 July 2004 in Case C-239/02 (reference for a preliminary ruling from the Rechtbank van Koophandel, Hasselt): Douwe Egberts NV v Westrom Pharma NV and Others (Approximation of laws — Interpretation of Article 28 EC and of Directives 1999/4/EC and 2000/13/EC — Validity of Directive 1999/4/EC — Labelling and advertising of foodstuffs — Prohibitions of references to health) | 4 |
| 2004/C 228/9 | Judgment of the Court (Grand Chamber) of 13 July 2004 in Case C-262/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Television broadcasting — Advertising — National measure prohibiting television advertising for alcoholic beverages marketed in that State, in the case of indirect television advertising resulting from the appearance on screen of hoardings visible during the retransmission of certain sporting events — ‘Loi Evin’) | 5 |
| 2004/C 228/10 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-315/02 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Anneliese Lenz v Finanzlandesdirektion für Tirol (Free movement of capital — Tax on revenue from capital — Revenue from capital of Austrian origin: tax rate of 25 % in discharge or rate equal to half of the average tax rate on aggregate income — Income from capital originating in another Member State: normal tax rate) | 5 |
| 2004/C 228/11 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-321/02 (reference for a preliminary ruling from the Bundesfinanzhof (Germany): Finanzamt Rendsburg v Detlev Harbs (Sixth VAT Directive — Article 25 — Common flat-rate scheme for farmers — Leasing of part of a farm) | 6 |
| 2004/C 228/12 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-345/02 (reference to the Court of Justice under Article 234 EC by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands)): Pearle BV and Others v Hoofdbedrijfschap Ambachten (State aid — Definition of aid — Collective advertising campaigns in favour of one sector of the economy — Financing by means of a special contribution payable by undertakings in that sector — Action taken by a body governed by public law) | 6 |
| 2004/C 228/13 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-365/02 (reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland)): Marie Lindfors (Directive 83/183/EEC — Transfer of residence from one Member State to another — Tax levied before registration or bringing into use of a vehicle) | 7 |
| 2004/C 228/14 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-415/02: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Indirect taxes — Directive 69/335/EEC — Raising of capital — Tax on stock exchange transactions — Tax on the delivery of bearer securities) | 7 |
| 2004/C 228/15 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-424/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to be given to the processing of waste oils by regeneration) | 8 |
| 2004/C 228/16 | Judgment of the Court (Grand Chamber) of 13 July 2004 in Case C-429/02 (reference for a preliminary ruling from the Cour de Cassation (France): Bacardi France SAS v Télévision française 1 SA (TF1) and Others (Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Directive 89/552/CEE — Television without frontiers — Television broadcasting — Advertising — National measure prohibiting television advertising for alcoholic drinks marketed in that Member State, in the case of indirect television advertising arising from the appearance on screen of hoardings visible during the transmission of sporting events — ‘Loi Evin’) | 9 |
| 2004/C 228/17 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-443/02 (reference for a preliminary ruling from the Tribunale di Pordenone): Nicolas Schreiber (Article 28 EC — Directive 98/8/EC — Placing of biocidal products on the market — National measure requiring authorisation for the placing on the market of blocks of red cedar wood having natural anti-moth properties) | 9 |
| 2004/C 228/18 | Judgment of the Court (Third Chamber) of 15 July 2004 in Case C-459/02 (reference to the Court under Article 234 EC by the Cour de Cassation (Luxembourg)): Willy Gerekens and Association agricole pour la promotion de la commercialisation laitière Procola v State of the Grand Duchy of Luxembourg (Reference for a preliminary ruling — Milk — Additional levy in the milk and milk products sector — National legislation — Levy fixed retroactively — General principles of legal certainty and non-retroactivity) | 10 |
| 2004/C 228/19 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-463/02: Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector) | 10 |
| 2004/C 228/20 | Judgment of the Court (Second Chamber) of 13 July 2004 in Case C-82/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Article 10 EC — Cooperation with the Community institutions — Failure to forward information to the Commission) | 11 |
| 2004/C 228/21 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-118/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 2000/37/EC) | 11 |
| 2004/C 228/22 | Judgment of the Court (Fifth Chamber) of 15 July 2004 in Case C-119/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 2000/52/EC — Transparency of financial relations between Member States and public undertakings) | 12 |
| 2004/C 228/23 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-139/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 2000/38/EC) | 12 |
| 2004/C 228/24 | Judgment of the Court (Sixth Chamber) of 15 July 2004 in Case C-141/03: Commission of the European Communities against Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Directive 2002/52/EC — Failure to transpose within the prescribed period) | 13 |
| 2004/C 228/25 | Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-213/03 (reference for a preliminary ruling by the Cour de cassation): Syndicat professionnel coordination des pêcheurs de l'étang de Berre et de la region v Électricité de France (EDF) (Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention — Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources — Article 6(3) — Authorisation to discharge — Direct effect) | 13 |
| 2004/C 228/26 | Judgment of the Court (First Chamber) of 15 July 2004 in Case C-242/03 (reference for a preliminary ruling by the Cour administrative): Ministre des Finances v Jean-Claude Weidert and Élisabeth Paulus (Free movement of capital — Income tax — Special relief for expenditure incurred on the acquisition of shares — Benefit of the advantage restricted to the acquisition of shares in companies established in the Member State concerned) | 14 |
| 2004/C 228/27 | Judgment of the Court (Sixth Chamber) of 13 July 2004 in Case C-277/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Environment — Directive 2000/53/EC — Non-transposition within the prescribed period) | 14 |
| 2004/C 228/28 | Judgment of the Court (Fifth Chamber) of 15 July 2004 in Case C-407/03: Commission of the European Communities against Republic of Finland (Failure of a Member State to fulfil its obligations — Conservation of natural habitats — Wild fauna and flora) | 15 |
| 2004/C 228/29 | Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-419/03: Commission of the European Communities against French Republic (Failure of a Member State to fulfil its obligations — Partial failure to transpose — Burden of proof — Directive 2001/18/EC) | 15 |
| 2004/C 228/30 | Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-420/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose — Directive 2001/18/EC) | 16 |
| 2004/C 228/31 | Judgment of the Court (Full Court) of 13 July 2004 in Case C-27/04: Commission of the European Communities v Council of the European Union (Action for annulment — Article 104 EC — Regulation (EC) No 1467/97 — Stability and Growth Pact — Excessive government deficits — Council decisions under Article 104(8) and (9) EC — Required majority not achieved — Decisions not adopted — Action challenging ‘decisions not to adopt the formal instruments contained in the Commission's recommendations’ — Inadmissible — Action challenging ‘Council conclusions’) | 16 |
| 2004/C 228/32 | Order of the Court (Fifth Chamber) of 8 June 2004 in Joined Cases C-250/02 to C-253/02 and C-256/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio): Telecom Italia Mobile SpA v Ministero dell'Economia e delle Finanze (Article 104(3) of the Rules of Procedure — Questions identical with questions on which the Court has already ruled) | 17 |
| 2004/C 228/33 | Order of the Court (Fifth Chamber) of 28 June 2004 in Case C-445/02 P: Glaverbel SA v OHIM (Appeal — Regulation (EC) No 40/94 — Community trade mark — Design applied to the surface of goods — Absolute ground for refusal — Lack of distinctive character) | 17 |
| 2004/C 228/34 | Order of the Court (Second Chamber) of 8 June 2004 in Case C-268/03 (reference for a preliminary ruling from the Rechtbank van eerste aanleg, Antwerp): Jean-Claude De Baeck v Belgische Staat (Article 104(3) of the Rules of Procedure — Fiscal legislation — Taxation on income of natural persons — Assignment of a major holding in the capital of a resident company — Detailed rules governing charge to tax on resultant gain) | 18 |
| 2004/C 228/35 | Order of the Court (First Chamber) of 27 May 2004 in Case C-517/03: IAMA Consulting Srl v Commission of the European Communities (Arbitration clause — Action before the Court of First Instance — Counterclaim — Jurisdiction of the Court of Justice) | 18 |
| 2004/C 228/36 | Order of the Court (Fourth Chamber) of 10 June 2004 in Case C-555/03 (reference for a preliminary ruling from the Tribunal du travail de Charleroi): Magali Warbecq v Ryanair Ltd (Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Court or tribunal having the power under Article 68 EC to request the Court to give a preliminary ruling — Court lacking jurisdiction to give a preliminary ruling) | 19 |
| 2004/C 228/37 | Case C-223/04: Reference for a preliminary ruling by the Tribunale di Gorizia by order of that court of 7 April 2004 in the case of Azienda Agricola Bressan Aldo against Agenzia per le erogazioni in Agricoltura (AGEA) and Cospalat Friuli Venezia Giulia | 19 |
| 2004/C 228/38 | Case C-232/04: Reference for a preliminary ruling by the Arbeitsgericht Düsseldorf by order of that court of 5 May 2004 in the case of Ms Nurten Güney-Görres against Securicor Aviation Limited, Securicor Aviation (Germany) Limited, and Kötter Aviation Security GmbH & Co. KG. | 19 |
| 2004/C 228/39 | Case C-239/04: Action brought on 8 June 2004 by the Commission of the European Communities against the Portuguese Republic | 20 |
| 2004/C 228/40 | Case C-244/04: Action brought on 8 June 2004 by the Commission of the European Communities against the Federal Republic of Germany | 20 |
| 2004/C 228/41 | Case C-261/04: Reference for a preliminary ruling by the Arbeitsgericht Regensburg (Germany) by order of that court of 16 June 2004 in the case of Gerhard Schmidt against Sennebogen Maschinenfabrik GmbH | 21 |
| 2004/C 228/42 | Case C-264/04: Reference for a preliminary ruling by the Amtsgericht Breisach (Germany) by decision of that court of 7 June 2004 in the case of Badischer Winzerkeller eG against Land Baden-Württemberg | 21 |
| 2004/C 228/43 | Case C-265/04: Reference for a preliminary ruling by the Kammarrätten i Sundsvall by order of that court of 17 June 2004 in the case of Margaretha Bouanich against the Skatteverket | 22 |
| 2004/C 228/44 | Cases C-266/04, C-267/04, C-268/04, C-269/04, C-270/04: References for preliminary rulings by the Tribunal des affaires de sécurité sociale de Saint-Etienne by judgments of that Tribunal of 5 April 2004 in the following cases: SAS Nazairdis against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, JACELI SA against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, KOMOGO SA against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, Tout pour la maison SARL against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, SAS Distribution Casino France against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC | 22 |
| 2004/C 228/45 | Case C-271/04: Reference for a preliminary ruling by the Tribunale di Tolmezzo by order of that Court of 16 June 2004 in the case of Azienda Agricola Elena Di Doi against Azienda per le Erogazioni in Agricoltura (AGEA) | 23 |
| 2004/C 228/46 | Case C-272/04: Reference for a preliminary ruling by the Tribunale di Tolmezzo by order of that Court of 16 June 2004 in the case of Azienda Agricola Franco Piemonte against Azienda per le Erogazioni in Agricoltura (AGEA) | 23 |
| 2004/C 228/47 | Case C-274/04: Reference for a preliminary ruling by the Finanzgericht Hamburg (Finance Court) (Germany) by order of that court of 16 June 2004 in the case of ED & F Man Sugar Ltd against Hauptzollamt Hamburg-Jonas | 24 |
| 2004/C 228/48 | Case C-277/04: Action brought on 29 June 2004 by the Commission of the European Communities against the Federal Republic of Germany | 24 |
| 2004/C 228/49 | Case C-278/04: Action brought on 29 June 2004 by the Commission of the European Communities against the Federal Republic of Germany | 24 |
| 2004/C 228/50 | Case C-279/04: Reference for a preliminary ruling by the Retten i Hørsholm (Denmark) by order of that court of 4 June 2004 in the case of Anklagemyndigheden against Steffen Ryborg | 25 |
| 2004/C 228/51 | Case C-280/04: Reference for a preliminary ruling by the Vestre Landsret by order of that court of 25 June 2004 in the case of Jyske Finans against Skatteministeriet | 25 |
| 2004/C 228/52 | Case C-281/04 P: Appeal brought on 25 June 2004 by Michael Leighton, Graham French and John Neiger against the order made on 3 May 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in case T-24/04 between Michael Leighton, Graham French and John Neiger and the Council of the European Union and the Commission of the European Communities. | 25 |
| 2004/C 228/53 | Case C-287/04: Action brought on 5 July 2004 by the Commission of the European Communities against the Kingdom of Sweden | 26 |
| 2004/C 228/54 | Case C-290/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 28 April 2004 in the case of FKP Scorpio Konzertproduktionen GmbH against Finanzamt (Tax Office) Hamburg-Eimsbüttel | 26 |
| 2004/C 228/55 | Case C-292/04: Reference for a preliminary ruling by the Finanzgericht Köln by order of that court of 24 June 2004 in the case of Wienand Meilicke, Heidi Christa Weyde and Marina Stöffler against Finanzamt Bonn-Innenstadt | 27 |
| 2004/C 228/56 | Case C-293/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by order of that court of 14 June 2004 in the case of Beemsterboer Coldstore Services BV against Douanedistrict Arnhem | 27 |
| 2004/C 228/57 | Case C-294/04: Reference for a preliminary ruling by order of the Juzgado de lo Social No 30 de Madrid of 5 July 2004 in the case between C. Sarkatzis Herrero and Instituto Madrileño de la Salud | 28 |
| 2004/C 228/58 | Case C-300/04: Reference for a preliminary ruling by the Raad van State by decision of that court of 13 July 2004 in the case of M.G. Eman and O.B. Sevinger against het College van Burgemeester en Wethouders van Den Haag | 28 |
| 2004/C 228/59 | Case C-303/04: Reference for a preliminary ruling by the Tribunale di Voghera, by order of that court of 1 July 2004 in the case of Lidl Italia Srl against Comune di Stradella | 29 |
| 2004/C 228/60 | Case C-304/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by decision of that court of 13 July 2004 in the case of Jacob Meijer B.V against Inspecteur van de Belastingdienst – Douanedistrict Arnhem | 29 |
| 2004/C 228/61 | Case C-305/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by decision of that court of 13 July 2004 in the case of Eagle International Freight B.V. against Inspecteur van de Belastingdienst – Douanedistrict Arnhem. | 29 |
| 2004/C 228/62 | Case C-306/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by decision of that court of 13 July 2004 in the case of Compaq Computer International Corporation against Inspecteur van de Belastingdienst – Douanedistrict Arnhem. | 30 |
| 2004/C 228/63 | Case C-310/04: Action brought on 22 July 2004 by the Kingdom of Spain against the Council of the European Union | 30 |
| 2004/C 228/64 | Case C-312/04: Action brought on 23 July 2004 by the Commission of the European Communities against the Kingdom of the Netherlands. | 31 |
| 2004/C 228/65 | Case C-314/04: Reference for a preliminary ruling by the Tribunal Superior de Justicia de la Comunidad Valenciana by order of that court of 12 July 2004 in the case of R.M. Torres Aucejo against Fondo de Garantía Salarial | 31 |
| 2004/C 228/66 | Case C-317/04: Action brought on 27 July 2004 by the European Parliament against the Council of the European Union | 31 |
| 2004/C 228/67 | Case C-318/04: Action brought on 27 July 2004 by the European Parliament against the Commission of the European Communities | 32 |
| 2004/C 228/68 | Case C-319/04: Action brought on 23 July 2004 by the Commission of the European Communities against the French Republic | 33 |
| 2004/C 228/69 | Case C-320/04: Action brought on 27 July 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 33 |
| 2004/C 228/70 | Case C-333/04: Action brought on 2 August 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 34 |
| 2004/C 228/71 | Removal from the register of Case C-257/02 | 34 |
| 2004/C 228/72 | Removal from the register of Case C-322/02 | 34 |
| 2004/C 228/73 | Removal from the register of Case C-349/02 | 34 |
| 2004/C 228/74 | Removal from the register of Case C-450/02 | 34 |
| 2004/C 228/75 | Removal from the register of Case C-454/02 | 35 |
| 2004/C 228/76 | Removal from the register of Case C-76/03 | 35 |
| 2004/C 228/77 | Removal from the register of Case C-474/03 | 35 |
| 2004/C 228/78 | Removal from the register of Case C-538/03 | 35 |
| | COURT OF FIRST INSTANCE |
| 2004/C 228/79 | Judgment of the Court of First Instance of 10 June 2004 in Joined Cases T-153/01 and T-323/01: Mercedes Alvarez Moreno v Commission of the European Communities (Officials — Member of the auxiliary staff — Conference interpreter — Article 74 of the Conditions of Employment of Other Servants) | 36 |
| 2004/C 228/80 | Judgment of the Court of First Instance of 10 June 2004 in Case T-258/01: Pierre Eveillard v Commission of the European Communities (Officials — Disciplinary measures — Relegation in step — Articles 11 and 14 of the Staff Regulations — Contract for the security of the Commission's buildings) | 36 |
| 2004/C 228/81 | Judgment of the Court of First Instance of 10 June 2004 in Case T-276/01: Mély Garroni v European Parliament (Officials — Auxiliary staff — Conference Interpreter — Article 74 of the conditions of employment of other staff — Termination of employment) | 37 |
| 2004/C 228/82 | Judgment of the Court of First Instance of 10 June 2004 in Case T-307/01: Jean-Paul François v Commission of the European Communities (Officials — Disciplinary regime — Relegation in step — Caretaking contract of the Commission's buildings — Reasonable time-limit — Criminal proceeding — Action for damages) | 37 |
| 2004/C 228/83 | Judgment of the Court of First Instance of 22 June 2004 in Case T-185/02: Claude Ruiz-Picasso and Others v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Opposition — Likelihood of confusion — Application for Community word trade mark PICARO — Earlier word trade mark PICASSO) | 37 |
| 2004/C 228/84 | Judgment of the Court of First Instance of 24 June 2004 in Case T-190/02: Anita Jannice Österholm v Commission of the European Communities (Officials — Absence treated as a period of annual leave — Time-limits — No legal interest in bringing proceedings — Inadmissibility) | 38 |
| 2004/C 228/85 | Judgment of the Court of First Instance of 22 June 2004 in Case T-66/03: Koffiebranderij en Theehandel ‘Drie Mollen sinds 1818’ BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark including the word ‘Galáxia’ — Earlier national and international word marks GALA — Relative ground for refusal — Rejection of opposition — Article 8(1)(b) of Regulation (EC) No 40/94) | 38 |
| 2004/C 228/86 | Judgment of the Court of First Instance of 10 June 2004 in Case T-315/02: Svend Klitgaard v Commission of the European Communities (Arbitration clause — Contract concluded under the PLAN Cluster D programme — Travel expenses — Costs of recovery — Late payment) | 38 |
| 2004/C 228/87 | Judgment of the Court of First Instance of 10 June 2004 in Case T-330/03: Xanthippi Liakoura v Council of the European Union (Officials — Refusal of promotion — Action for annulment and compensation) | 39 |
| 2004/C 228/88 | Order of the Court of First Instance of 26 May 2004 in Case T-165/02: Enrique José Lloris Maeso v Commission of the European Communities (Action for annulment — No steps taken by the applicant — No need to adjudicate) | 39 |
| 2004/C 228/89 | Order of the Court of First Instance of 14 June 2004 in Case T-267/02, Rewe-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Partial refusal of registration — Withdrawal of opposition — No need to adjudicate) | 39 |
| 2004/C 228/90 | Order of the Court of First Instance of 7 June 2004 in Case T-333/02: Gestoras Pro-Amnistía and Others v Council of the European Union (Action for damages — Justice and home affairs — Common position of the Council — Measures concerning persons, groups and entities involved in terrorist acts — Manifest lack of jurisdiction — Action manifestly unfounded) | 40 |
| 2004/C 228/91 | Order of the Court of First Instance of 27 May 2004 in Case T- 358/02: Deutsche Post AG and DHL International Srl v Commission of the European Communities (State aid — Approval by the Commission of aid granted by the Italian authorities to Poste Italiane — Action for annulment brought by competitors — Inadmissibility) | 40 |
| 2004/C 228/92 | Order of the Court of First Instance of 2 July 2004 in Case T-9/03, Federazione Regionale Coltivatori Diretti della Sardegna and CIA v Commission of the European Communities (State aid — Action for annulment and compensation — Decision finding an aid scheme incompatible with the common market — Actions brought by representatives of potential beneficiaries of that scheme — Inadmissibility) | 40 |
| 2004/C 228/93 | Order of the Court of First Instance of 27 May 2004 in Case T-61/03: Irwin Industrial Tool Co. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark QUICK-GRIP — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 40/94 — Refusal to register — Action manifestly lacking any foundation in law) | 41 |
| 2004/C 228/94 | Order of the Court of First Instance of 9 June 2004 in Case T-96/03: Manuel Camós Grau v Commission of the European Communities (Investigation of the European Anti-fraud Office (OLAF) concerning the management and financing of the Institute for European-Latin American Relations — Possible conflict of interests with regard to an investigator — Decision to remove the investigator from the team — Action for annulment — Preparatory measures — Inadmissible) | 41 |
| 2004/C 228/95 | Order of the Court of First Instance of 2 June 2004 in Case T-123/03 Pfizer Ltd v Commission of the European Communities (Medicinal products for human use — Initiation, under Article 30 of Directive 2001/83/EC, of the procedure under Article 32 of that directive — Application for annulment — Measure against which an action may be brought — Preparatory measure — Inadmissible) | 42 |
| 2004/C 228/96 | Order of the Court of First Instance of 25 May 2004 in Case T-264/03: Jürgen Schmoldt and Others v Commission of the European Communities (Action for annulment — Procedural time-limit — Natural or legal persons — Acts of individual concern to them — Decision — Thermal insulation standards — Inadmissibility) | 42 |
| 2004/C 228/97 | Case T-196/04: Action brought on 25 May 2004 by Ryanair Limited against the Commission of the European Communities | 42 |
| 2004/C 228/98 | Case T-255/04: Action brought on 21 June 2004 by Monique Negenman against Commission of the European Communities | 43 |
| 2004/C 228/99 | Removal from the Register of Case T-306/99 | 43 |
| 2004/C 228/100 | Removal from the Register of Case T-307/99 | 43 |
| 2004/C 228/101 | Removal from the Register of Case T-308/99 | 44 |
| 2004/C 228/102 | Removal from the Register of Case T-310/99 | 44 |
| 2004/C 228/103 | Removal from the Register of Case T-311/99 | 44 |
| 2004/C 228/104 | Removal from the Register of Case T-312/99 | 44 |
| 2004/C 228/105 | Removal from the Register of Case T: 220/02 | 44 |
| 2004/C 228/106 | Removal from the Register of Case T-242/03 | 44 |
| 2004/C 228/107 | Removal from the Register of Case T-380/03 | 44 |
| 2004/C 228/108 | Removal from the Register of Case T-423/03 | 45 |
| 2004/C 228/109 | Removal from the Register of Case T-89/04 | 45 |

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2004/C 228/1

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-501/00: Kingdom of Spain v Commission of the European Communities (Articles 4(c) CS and 67 CS — Commission Decision No 2496/96 ECSC — Export aid for steel undertakings — Observance of a reasonable period — Tax deduction — Obligation to state reasons — Selective nature — General measure)

1

2004/C 228/2

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-272/01: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Directive 76/160/EEC — Quality of bathing water — Failure to conform to limit values — Failure to identify all inland bathing areas in Portugal — Failure to collect a sufficient number of samples)

1

2004/C 228/3

Judgment of the Court (Sixth Chamber) of 15 July 2004 in Case C-349/01: Betriebsrat der Firma ADS Anker GmbH v ADS Anker GmbH (Social policy — Articles 4 and 11 of Directive 94/45/CE — European Works Council — Information and consultation of workers in Community-scale undertakings — Obligation for central management to provide certain information to employees' representatives)

2

2004/C 228/4

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-381/01: Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector)

2

2004/C 228/5

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-495/01: Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Directive 77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector)

3

2004/C 228/6

Judgment of the Court (Second Chamber) of 15 July 2004 in Joined Cases C-37/02 and C-38/02 (references for a preliminary ruling by the Tribunale amministrativo regionale per il Veneto): Di Lenardo Adriano Srl and Dilexport Srl v Ministero del Commercio con l'Estero (Bananas — Common organisation of the market — Regulation (EC) No 896/2001 — Common system of trade with third countries — Primary imports — Validity — Protection of legitimate expectations — Retroactivity — Implementing power)

3

2004/C 228/7

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-144/02: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 77/388/EC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector)

4

2004/C 228/8

Judgment of the Court (Second Chamber) 15 July 2004 in Case C-239/02 (reference for a preliminary ruling from the Rechtbank van Koophandel, Hasselt): Douwe Egberts NV v Westrom Pharma NV and Others (Approximation of laws — Interpretation of Article 28 EC and of Directives 1999/4/EC and 2000/13/EC — Validity of Directive 1999/4/EC — Labelling and advertising of foodstuffs — Prohibitions of references to health)

4

2004/C 228/9

Judgment of the Court (Grand Chamber) of 13 July 2004 in Case C-262/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Television broadcasting — Advertising — National measure prohibiting television advertising for alcoholic beverages marketed in that State, in the case of indirect television advertising resulting from the appearance on screen of hoardings visible during the retransmission of certain sporting events — ‘Loi Evin’)

5

2004/C 228/10

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-315/02 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Anneliese Lenz v Finanzlandesdirektion für Tirol (Free movement of capital — Tax on revenue from capital — Revenue from capital of Austrian origin: tax rate of 25 % in discharge or rate equal to half of the average tax rate on aggregate income — Income from capital originating in another Member State: normal tax rate)

5

2004/C 228/11

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-321/02 (reference for a preliminary ruling from the Bundesfinanzhof (Germany): Finanzamt Rendsburg v Detlev Harbs (Sixth VAT Directive — Article 25 — Common flat-rate scheme for farmers — Leasing of part of a farm)

6

2004/C 228/12

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-345/02 (reference to the Court of Justice under Article 234 EC by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands)): Pearle BV and Others v Hoofdbedrijfschap Ambachten (State aid — Definition of aid — Collective advertising campaigns in favour of one sector of the economy — Financing by means of a special contribution payable by undertakings in that sector — Action taken by a body governed by public law)

6

2004/C 228/13

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-365/02 (reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland)): Marie Lindfors (Directive 83/183/EEC — Transfer of residence from one Member State to another — Tax levied before registration or bringing into use of a vehicle)

7

2004/C 228/14

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-415/02: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Indirect taxes — Directive 69/335/EEC — Raising of capital — Tax on stock exchange transactions — Tax on the delivery of bearer securities)

7

2004/C 228/15

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-424/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 75/439/EEC — Disposal of waste oils — Priority to be given to the processing of waste oils by regeneration)

8

2004/C 228/16

Judgment of the Court (Grand Chamber) of 13 July 2004 in Case C-429/02 (reference for a preliminary ruling from the Cour de Cassation (France): Bacardi France SAS v Télévision française 1 SA (TF1) and Others (Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Directive 89/552/CEE — Television without frontiers — Television broadcasting — Advertising — National measure prohibiting television advertising for alcoholic drinks marketed in that Member State, in the case of indirect television advertising arising from the appearance on screen of hoardings visible during the transmission of sporting events — ‘Loi Evin’)

9

2004/C 228/17

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-443/02 (reference for a preliminary ruling from the Tribunale di Pordenone): Nicolas Schreiber (Article 28 EC — Directive 98/8/EC — Placing of biocidal products on the market — National measure requiring authorisation for the placing on the market of blocks of red cedar wood having natural anti-moth properties)

9

2004/C 228/18

Judgment of the Court (Third Chamber) of 15 July 2004 in Case C-459/02 (reference to the Court under Article 234 EC by the Cour de Cassation (Luxembourg)): Willy Gerekens and Association agricole pour la promotion de la commercialisation laitière Procola v State of the Grand Duchy of Luxembourg (Reference for a preliminary ruling — Milk — Additional levy in the milk and milk products sector — National legislation — Levy fixed retroactively — General principles of legal certainty and non-retroactivity)

10

2004/C 228/19

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-463/02: Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable amount — Subsidy directly linked to the price — Regulation (EC) No 603/95 — Aid granted in the dried fodder sector)

10

2004/C 228/20

Judgment of the Court (Second Chamber) of 13 July 2004 in Case C-82/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Article 10 EC — Cooperation with the Community institutions — Failure to forward information to the Commission)

11

2004/C 228/21

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-118/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 2000/37/EC)

11

2004/C 228/22

Judgment of the Court (Fifth Chamber) of 15 July 2004 in Case C-119/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 2000/52/EC — Transparency of financial relations between Member States and public undertakings)

12

2004/C 228/23

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-139/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 2000/38/EC)

12

2004/C 228/24

Judgment of the Court (Sixth Chamber) of 15 July 2004 in Case C-141/03: Commission of the European Communities against Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Directive 2002/52/EC — Failure to transpose within the prescribed period)

13

2004/C 228/25

Judgment of the Court (Second Chamber) of 15 July 2004 in Case C-213/03 (reference for a preliminary ruling by the Cour de cassation): Syndicat professionnel coordination des pêcheurs de l'étang de Berre et de la region v Électricité de France (EDF) (Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention — Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources — Article 6(3) — Authorisation to discharge — Direct effect)

13

2004/C 228/26

Judgment of the Court (First Chamber) of 15 July 2004 in Case C-242/03 (reference for a preliminary ruling by the Cour administrative): Ministre des Finances v Jean-Claude Weidert and Élisabeth Paulus (Free movement of capital — Income tax — Special relief for expenditure incurred on the acquisition of shares — Benefit of the advantage restricted to the acquisition of shares in companies established in the Member State concerned)

14

2004/C 228/27

Judgment of the Court (Sixth Chamber) of 13 July 2004 in Case C-277/03: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil its obligations — Environment — Directive 2000/53/EC — Non-transposition within the prescribed period)

14

2004/C 228/28

Judgment of the Court (Fifth Chamber) of 15 July 2004 in Case C-407/03: Commission of the European Communities against Republic of Finland (Failure of a Member State to fulfil its obligations — Conservation of natural habitats — Wild fauna and flora)

15

2004/C 228/29

Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-419/03: Commission of the European Communities against French Republic (Failure of a Member State to fulfil its obligations — Partial failure to transpose — Burden of proof — Directive 2001/18/EC)

15

2004/C 228/30

Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-420/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose — Directive 2001/18/EC)

16

2004/C 228/31

Judgment of the Court (Full Court) of 13 July 2004 in Case C-27/04: Commission of the European Communities v Council of the European Union (Action for annulment — Article 104 EC — Regulation (EC) No 1467/97 — Stability and Growth Pact — Excessive government deficits — Council decisions under Article 104(8) and (9) EC — Required majority not achieved — Decisions not adopted — Action challenging ‘decisions not to adopt the formal instruments contained in the Commission's recommendations’ — Inadmissible — Action challenging ‘Council conclusions’)

16

2004/C 228/32

Order of the Court (Fifth Chamber) of 8 June 2004 in Joined Cases C-250/02 to C-253/02 and C-256/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio): Telecom Italia Mobile SpA v Ministero dell'Economia e delle Finanze (Article 104(3) of the Rules of Procedure — Questions identical with questions on which the Court has already ruled)

17

2004/C 228/33

Order of the Court (Fifth Chamber) of 28 June 2004 in Case C-445/02 P: Glaverbel SA v OHIM (Appeal — Regulation (EC) No 40/94 — Community trade mark — Design applied to the surface of goods — Absolute ground for refusal — Lack of distinctive character)

17

2004/C 228/34

Order of the Court (Second Chamber) of 8 June 2004 in Case C-268/03 (reference for a preliminary ruling from the Rechtbank van eerste aanleg, Antwerp): Jean-Claude De Baeck v Belgische Staat (Article 104(3) of the Rules of Procedure — Fiscal legislation — Taxation on income of natural persons — Assignment of a major holding in the capital of a resident company — Detailed rules governing charge to tax on resultant gain)

18

2004/C 228/35

Order of the Court (First Chamber) of 27 May 2004 in Case C-517/03: IAMA Consulting Srl v Commission of the European Communities (Arbitration clause — Action before the Court of First Instance — Counterclaim — Jurisdiction of the Court of Justice)

18

2004/C 228/36

Order of the Court (Fourth Chamber) of 10 June 2004 in Case C-555/03 (reference for a preliminary ruling from the Tribunal du travail de Charleroi): Magali Warbecq v Ryanair Ltd (Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Court or tribunal having the power under Article 68 EC to request the Court to give a preliminary ruling — Court lacking jurisdiction to give a preliminary ruling)

19

2004/C 228/37

Case C-223/04: Reference for a preliminary ruling by the Tribunale di Gorizia by order of that court of 7 April 2004 in the case of Azienda Agricola Bressan Aldo against Agenzia per le erogazioni in Agricoltura (AGEA) and Cospalat Friuli Venezia Giulia

19

2004/C 228/38

Case C-232/04: Reference for a preliminary ruling by the Arbeitsgericht Düsseldorf by order of that court of 5 May 2004 in the case of Ms Nurten Güney-Görres against Securicor Aviation Limited, Securicor Aviation (Germany) Limited, and Kötter Aviation Security GmbH & Co. KG.

19

2004/C 228/39

Case C-239/04: Action brought on 8 June 2004 by the Commission of the European Communities against the Portuguese Republic

20

2004/C 228/40

Case C-244/04: Action brought on 8 June 2004 by the Commission of the European Communities against the Federal Republic of Germany

20

2004/C 228/41

Case C-261/04: Reference for a preliminary ruling by the Arbeitsgericht Regensburg (Germany) by order of that court of 16 June 2004 in the case of Gerhard Schmidt against Sennebogen Maschinenfabrik GmbH

21

2004/C 228/42

Case C-264/04: Reference for a preliminary ruling by the Amtsgericht Breisach (Germany) by decision of that court of 7 June 2004 in the case of Badischer Winzerkeller eG against Land Baden-Württemberg

21

2004/C 228/43

Case C-265/04: Reference for a preliminary ruling by the Kammarrätten i Sundsvall by order of that court of 17 June 2004 in the case of Margaretha Bouanich against the Skatteverket

22

2004/C 228/44

Cases C-266/04, C-267/04, C-268/04, C-269/04, C-270/04: References for preliminary rulings by the Tribunal des affaires de sécurité sociale de Saint-Etienne by judgments of that Tribunal of 5 April 2004 in the following cases: SAS Nazairdis against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, JACELI SA against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, KOMOGO SA against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, Tout pour la maison SARL against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC, SAS Distribution Casino France against Caisse Nationale de l'Organisation Autonome d'Assurance Vieillesse des Travailleurs Non-Salariés des Professions Industrielles et Commerciales — Caisse ORGANIC

22

2004/C 228/45

Case C-271/04: Reference for a preliminary ruling by the Tribunale di Tolmezzo by order of that Court of 16 June 2004 in the case of Azienda Agricola Elena Di Doi against Azienda per le Erogazioni in Agricoltura (AGEA)

23

2004/C 228/46

Case C-272/04: Reference for a preliminary ruling by the Tribunale di Tolmezzo by order of that Court of 16 June 2004 in the case of Azienda Agricola Franco Piemonte against Azienda per le Erogazioni in Agricoltura (AGEA)

23

2004/C 228/47

Case C-274/04: Reference for a preliminary ruling by the Finanzgericht Hamburg (Finance Court) (Germany) by order of that court of 16 June 2004 in the case of ED & F Man Sugar Ltd against Hauptzollamt Hamburg-Jonas

24

2004/C 228/48

Case C-277/04: Action brought on 29 June 2004 by the Commission of the European Communities against the Federal Republic of Germany

24

2004/C 228/49

Case C-278/04: Action brought on 29 June 2004 by the Commission of the European Communities against the Federal Republic of Germany

24

2004/C 228/50

Case C-279/04: Reference for a preliminary ruling by the Retten i Hørsholm (Denmark) by order of that court of 4 June 2004 in the case of Anklagemyndigheden against Steffen Ryborg

25

2004/C 228/51

Case C-280/04: Reference for a preliminary ruling by the Vestre Landsret by order of that court of 25 June 2004 in the case of Jyske Finans against Skatteministeriet

25

2004/C 228/52

Case C-281/04 P: Appeal brought on 25 June 2004 by Michael Leighton, Graham French and John Neiger against the order made on 3 May 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in case T-24/04 between Michael Leighton, Graham French and John Neiger and the Council of the European Union and the Commission of the European Communities.

25

2004/C 228/53

Case C-287/04: Action brought on 5 July 2004 by the Commission of the European Communities against the Kingdom of Sweden

26

2004/C 228/54

Case C-290/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 28 April 2004 in the case of FKP Scorpio Konzertproduktionen GmbH against Finanzamt (Tax Office) Hamburg-Eimsbüttel

26

2004/C 228/55

Case C-292/04: Reference for a preliminary ruling by the Finanzgericht Köln by order of that court of 24 June 2004 in the case of Wienand Meilicke, Heidi Christa Weyde and Marina Stöffler against Finanzamt Bonn-Innenstadt

27

2004/C 228/56

Case C-293/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by order of that court of 14 June 2004 in the case of Beemsterboer Coldstore Services BV against Douanedistrict Arnhem

27

2004/C 228/57

Case C-294/04: Reference for a preliminary ruling by order of the Juzgado de lo Social No 30 de Madrid of 5 July 2004 in the case between C. Sarkatzis Herrero and Instituto Madrileño de la Salud

28

2004/C 228/58

Case C-300/04: Reference for a preliminary ruling by the Raad van State by decision of that court of 13 July 2004 in the case of M.G. Eman and O.B. Sevinger against het College van Burgemeester en Wethouders van Den Haag

28

2004/C 228/59

Case C-303/04: Reference for a preliminary ruling by the Tribunale di Voghera, by order of that court of 1 July 2004 in the case of Lidl Italia Srl against Comune di Stradella

29

2004/C 228/60

Case C-304/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by decision of that court of 13 July 2004 in the case of Jacob Meijer B.V against Inspecteur van de Belastingdienst – Douanedistrict Arnhem

29

2004/C 228/61

Case C-305/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by decision of that court of 13 July 2004 in the case of Eagle International Freight B.V. against Inspecteur van de Belastingdienst – Douanedistrict Arnhem.

29

2004/C 228/62

Case C-306/04: Reference for a preliminary ruling by the Gerechtshof te Amsterdam by decision of that court of 13 July 2004 in the case of Compaq Computer International Corporation against Inspecteur van de Belastingdienst – Douanedistrict Arnhem.

30

2004/C 228/63

Case C-310/04: Action brought on 22 July 2004 by the Kingdom of Spain against the Council of the European Union

30

2004/C 228/64

Case C-312/04: Action brought on 23 July 2004 by the Commission of the European Communities against the Kingdom of the Netherlands.

31

2004/C 228/65

Case C-314/04: Reference for a preliminary ruling by the Tribunal Superior de Justicia de la Comunidad Valenciana by order of that court of 12 July 2004 in the case of R.M. Torres Aucejo against Fondo de Garantía Salarial

31

2004/C 228/66

Case C-317/04: Action brought on 27 July 2004 by the European Parliament against the Council of the European Union

31

2004/C 228/67

Case C-318/04: Action brought on 27 July 2004 by the European Parliament against the Commission of the European Communities

32

2004/C 228/68

Case C-319/04: Action brought on 23 July 2004 by the Commission of the European Communities against the French Republic

33

2004/C 228/69

Case C-320/04: Action brought on 27 July 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg

33

2004/C 228/70

Case C-333/04: Action brought on 2 August 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg

34

2004/C 228/71

Removal from the register of Case C-257/02

34

2004/C 228/72

Removal from the register of Case C-322/02

34

2004/C 228/73

Removal from the register of Case C-349/02

34

2004/C 228/74

Removal from the register of Case C-450/02

34

2004/C 228/75

Removal from the register of Case C-454/02

35

2004/C 228/76

Removal from the register of Case C-76/03

35

2004/C 228/77

Removal from the register of Case C-474/03

35

2004/C 228/78

Removal from the register of Case C-538/03

35

COURT OF FIRST INSTANCE

2004/C 228/79

Judgment of the Court of First Instance of 10 June 2004 in Joined Cases T-153/01 and T-323/01: Mercedes Alvarez Moreno v Commission of the European Communities (Officials — Member of the auxiliary staff — Conference interpreter — Article 74 of the Conditions of Employment of Other Servants)

36

2004/C 228/80

Judgment of the Court of First Instance of 10 June 2004 in Case T-258/01: Pierre Eveillard v Commission of the European Communities (Officials — Disciplinary measures — Relegation in step — Articles 11 and 14 of the Staff Regulations — Contract for the security of the Commission's buildings)

36

2004/C 228/81

Judgment of the Court of First Instance of 10 June 2004 in Case T-276/01: Mély Garroni v European Parliament (Officials — Auxiliary staff — Conference Interpreter — Article 74 of the conditions of employment of other staff — Termination of employment)

37

2004/C 228/82

Judgment of the Court of First Instance of 10 June 2004 in Case T-307/01: Jean-Paul François v Commission of the European Communities (Officials — Disciplinary regime — Relegation in step — Caretaking contract of the Commission's buildings — Reasonable time-limit — Criminal proceeding — Action for damages)

37

2004/C 228/83

Judgment of the Court of First Instance of 22 June 2004 in Case T-185/02: Claude Ruiz-Picasso and Others v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Opposition — Likelihood of confusion — Application for Community word trade mark PICARO — Earlier word trade mark PICASSO)

37

2004/C 228/84

Judgment of the Court of First Instance of 24 June 2004 in Case T-190/02: Anita Jannice Österholm v Commission of the European Communities (Officials — Absence treated as a period of annual leave — Time-limits — No legal interest in bringing proceedings — Inadmissibility)

38

2004/C 228/85

Judgment of the Court of First Instance of 22 June 2004 in Case T-66/03: Koffiebranderij en Theehandel ‘Drie Mollen sinds 1818’ BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark including the word ‘Galáxia’ — Earlier national and international word marks GALA — Relative ground for refusal — Rejection of opposition — Article 8(1)(b) of Regulation (EC) No 40/94)

38

2004/C 228/86

Judgment of the Court of First Instance of 10 June 2004 in Case T-315/02: Svend Klitgaard v Commission of the European Communities (Arbitration clause — Contract concluded under the PLAN Cluster D programme — Travel expenses — Costs of recovery — Late payment)

38

2004/C 228/87

Judgment of the Court of First Instance of 10 June 2004 in Case T-330/03: Xanthippi Liakoura v Council of the European Union (Officials — Refusal of promotion — Action for annulment and compensation)

39

2004/C 228/88

Order of the Court of First Instance of 26 May 2004 in Case T-165/02: Enrique José Lloris Maeso v Commission of the European Communities (Action for annulment — No steps taken by the applicant — No need to adjudicate)

39

2004/C 228/89

Order of the Court of First Instance of 14 June 2004 in Case T-267/02, Rewe-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Partial refusal of registration — Withdrawal of opposition — No need to adjudicate)

39

2004/C 228/90

Order of the Court of First Instance of 7 June 2004 in Case T-333/02: Gestoras Pro-Amnistía and Others v Council of the European Union (Action for damages — Justice and home affairs — Common position of the Council — Measures concerning persons, groups and entities involved in terrorist acts — Manifest lack of jurisdiction — Action manifestly unfounded)

40

2004/C 228/91

Order of the Court of First Instance of 27 May 2004 in Case T- 358/02: Deutsche Post AG and DHL International Srl v Commission of the European Communities (State aid — Approval by the Commission of aid granted by the Italian authorities to Poste Italiane — Action for annulment brought by competitors — Inadmissibility)

40

2004/C 228/92

Order of the Court of First Instance of 2 July 2004 in Case T-9/03, Federazione Regionale Coltivatori Diretti della Sardegna and CIA v Commission of the European Communities (State aid — Action for annulment and compensation — Decision finding an aid scheme incompatible with the common market — Actions brought by representatives of potential beneficiaries of that scheme — Inadmissibility)

40

2004/C 228/93

Order of the Court of First Instance of 27 May 2004 in Case T-61/03: Irwin Industrial Tool Co. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark QUICK-GRIP — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 40/94 — Refusal to register — Action manifestly lacking any foundation in law)

41

2004/C 228/94

Order of the Court of First Instance of 9 June 2004 in Case T-96/03: Manuel Camós Grau v Commission of the European Communities (Investigation of the European Anti-fraud Office (OLAF) concerning the management and financing of the Institute for European-Latin American Relations — Possible conflict of interests with regard to an investigator — Decision to remove the investigator from the team — Action for annulment — Preparatory measures — Inadmissible)

41

2004/C 228/95

Order of the Court of First Instance of 2 June 2004 in Case T-123/03 Pfizer Ltd v Commission of the European Communities (Medicinal products for human use — Initiation, under Article 30 of Directive 2001/83/EC, of the procedure under Article 32 of that directive — Application for annulment — Measure against which an action may be brought — Preparatory measure — Inadmissible)

42

2004/C 228/96

Order of the Court of First Instance of 25 May 2004 in Case T-264/03: Jürgen Schmoldt and Others v Commission of the European Communities (Action for annulment — Procedural time-limit — Natural or legal persons — Acts of individual concern to them — Decision — Thermal insulation standards — Inadmissibility)

42

2004/C 228/97

Case T-196/04: Action brought on 25 May 2004 by Ryanair Limited against the Commission of the European Communities

42

2004/C 228/98

Case T-255/04: Action brought on 21 June 2004 by Monique Negenman against Commission of the European Communities

43

2004/C 228/99

Removal from the Register of Case T-306/99

43

2004/C 228/100

Removal from the Register of Case T-307/99

43

2004/C 228/101

Removal from the Register of Case T-308/99

44

2004/C 228/102

Removal from the Register of Case T-310/99

44

2004/C 228/103

Removal from the Register of Case T-311/99

44

2004/C 228/104

Removal from the Register of Case T-312/99

44

2004/C 228/105

Removal from the Register of Case T: 220/02

44

2004/C 228/106

Removal from the Register of Case T-242/03

44

2004/C 228/107

Removal from the Register of Case T-380/03

44

2004/C 228/108

Removal from the Register of Case T-423/03

45

2004/C 228/109

Removal from the Register of Case T-89/04

45

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| | III   Notices |
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| 2004/C 228/110 | Last publication of the Court of Justice in the Official Journal of the European Union OJ C 201, 7.8.2004 | 46 |

III   Notices

2004/C 228/110

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 201, 7.8.2004

Official Journal of the European Union

46

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EN