do-me/EUR-LEX huggingface dataset:
Judgment of the Court (Fifth Chamber) of 13 June 2002 in Case C-382/99: Kingdom of the Netherlands v Commission of the European Communities (State aid — Commission notice on the de minimis rule for State aid — Service stations — Excise duties — Likelihood of overlapping aid — Legitimate expectations — Principle of legal certainty — Obligation to state reasons)
Date: 2002-07-27
Institutions: Court of Justice
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), distributive trades, petrol

27.7.2002

EN

Official Journal of the European Communities

C 180/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 June 2002

in Case C-382/99: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(State aid — Commission notice on the de minimis rule for
State aid — Service stations — Excise duties — Likelihood
of overlapping aid — Legitimate expectations — Principle
of legal certainty — Obligation to state reasons)

(2002/C 180/01)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-382/99: Kingdom of the Netherlands (Agents:
M. Fierstra) v Commission of the European Communities
(Agent: G. Rozet and H. M. H. Speyart, assisted by J. C. M. van
der Beek, and L. Hancher) — application for partial annulment
of Commission’s decision 1999/705/EC of 20 July 1999
concerning State aid granted by the Netherlands with regard
to 633 Netherlands petrol stations in the region bordering
Germany (OJ 1999 L 280, p. 87), in so far as it finds that the
subsidies granted to certain categories of service station
are incompatible with the common market and with the
functioning of the Agreement on the European Economic Area
of 2 May 1992 (OJ 1994 L 1, p. 3) and orders recovery of the
aid already granted — the Court (Fifth Chamber), composed

of: S. von Bahr, President of the Fourth Chamber, acting as
President of the Fifth Chamber, D.A.O. Edward and M. Wathe-
let, Judges; P. Léger, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, gave a judgment on 13 June
2002, in which it:

1.

2.

dismisses the application;

orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 47 of 19.2.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 13 June 2002

In Joined Cases C-430/99 and C-431/99 (Reference for a
preliminary ruling from the Raad van State): Inspecteur
van de Belastingdienst Douane, Rotterdam district v Sea-
Land Service Inc. (C-430/99), Nedlloyd Lijnen BV (C-431/
99) (1)

(Maritime transport — Freedom to provide services — Vessel
traffic services system)

(2002/C 180/02)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-430/99 and C-431/99: Reference to the
Court under Article 234 EC by the Raad van State, Netherlands,
Case T-161/02: Action brought on 17 May 2002 by Naipes Heraclio Fournier, S.A. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), gaming, leisure, trade-mark law

C 180/30

EN

Official Journal of the European Communities

27.7.2002

Action brought on 17 May 2002 by Naipes Heraclio
Fournier, S.A. against Office for the Harmonization of the
Internal Market (trade marks and designs) (OHIM)

Decision of the Board of
Appeal:

Annulment of the decision of the
Cancellation Division

(Case T-160/02)

(2002/C 180/51)

(Language of the case: Spanish)

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
17 May 2002 by Naipes Heraclio Fournier, established in
Alava (Spain), represented by Enrique Armijo Chavarri.

The applicant claims that the Court should:

— Annul the decision of the Second Board of Appeal of the

OHIM of 28 February 2002;

— Order the OHIM to pay the costs.

Grounds of claim:

Misapplication of Article 7(1)(b)
and (c) of Regulation (EC) No 40/
94

Action brought on 17 May 2002 by Naipes Heraclio
Fournier, S.A. against Office for the Harmonization of the
Internal Market (trade marks and designs) (OHIM)

(Case T-161/02)

(2002/C 180/52)

(Language of the case: Spanish)

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
17 May 2002 by Naipes Heraclio Fournier, established in
Alava (Spain), represented by Enrique Armijo Chavarri.

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision of the Second Board of Appeal of the

OHIM of 28 February 2002;

The Community trade
mark concerned:

Figurative mark for the ace of
spades depicting a single sword
pointing upwards — Figurative
under
registered
mark
No 000089565 for products
within Class 16 (playing cards)

Proprietor of the right to
the trade mark or sign
whose
cancellation is
sought:

The applicant

Applicant
lation:

for

cancel-

Société France Cartes

Decision of the Cancel-
lation Division:

Application dismissed

— order the OHIM to pay the costs.

Pleas in law and main arguments

The Community trade
mark concerned:

depicting

Figurative mark
a
‘caballo de bastos’ (mounted jack
of clubs) — Registered trade mark
No 0000089961 for
goods
within Class 16 (playing cards)

(See the information for Case T-160/02 Heraclio Fournier v
OHIM)
Removal from the register of Case T-2/01
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, action for annulment (EU), cement, fine, interest

27.7.2002

EN

Official Journal of the European Communities

C 180/35

Action brought on 7 June 2002 by Giorgio Lebedef against
Commission of the European Communities

Removal from the register of Case T-113/97 (1)

(Case T-175/02)

(2002/C 180/60)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 7 June 2002 by Giorgio Lebedef,
residing in Senningerberg (Luxembourg), represented by Gilles
Bounéou, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul decision 9567 of 28 February 2002 of the Director
General of DG ADMIN not to add the applicant’s name
to the list of most deserving officials and not to promote
him to Grade B 1 in the 2000 promotions procedure;

— make an order as to costs requiring the European

Commission to pay them.

Pleas in law and main arguments

(2002/C 180/61)

(Language of the case: French)

By order of 21 February 2002 the President of the First
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-113/97: Pierre Tomarchio v the Court of Auditors of the
European Communities.

(1) OJ C 199 of 28.6.1997.

Removal from the register of Case T-2/01 (1)

(2002/C 180/62)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-2/01: Vereni-
ging Nederlandse Cementindustrie (VNC) v Commission of the
European Communities.

In the present application, the applicant, an official working
for the defendant, challenges the appointing authority’s refusal
to promote him to Grade B 1 during the 2000 promotions
procedure.

(1) OJ C 95 of 24.3.2001.

In support of his claims, he pleads:

— Infringement of Article 45(1) of the Staff Regulations and

of the principle of non-discrimination;

— Breach of the rights of the defence;

— Disregard in the present case of the obligation to provide

reasons;

— Breach of the principle that legitimate expectations must
be protected, and of the duty of the administration to
have regard for the wellbeing of officials.

Removal from the register of Case T-3/01 (1)

(2002/C 180/63)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-3/01: Eerste
Nederlandse Cement Industrie (ENCI) NV v Commission of the
European Communities.

(1) OJ C 95 of 24.3.2001.
Case T-175/02: Action brought on 7 June 2002 by Giorgio Lebedef against Commission of the European Communities
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), equal treatment, promotion, regulations for civil servants

27.7.2002

EN

Official Journal of the European Communities

C 180/35

Action brought on 7 June 2002 by Giorgio Lebedef against
Commission of the European Communities

Removal from the register of Case T-113/97 (1)

(Case T-175/02)

(2002/C 180/60)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 7 June 2002 by Giorgio Lebedef,
residing in Senningerberg (Luxembourg), represented by Gilles
Bounéou, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul decision 9567 of 28 February 2002 of the Director
General of DG ADMIN not to add the applicant’s name
to the list of most deserving officials and not to promote
him to Grade B 1 in the 2000 promotions procedure;

— make an order as to costs requiring the European

Commission to pay them.

Pleas in law and main arguments

(2002/C 180/61)

(Language of the case: French)

By order of 21 February 2002 the President of the First
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-113/97: Pierre Tomarchio v the Court of Auditors of the
European Communities.

(1) OJ C 199 of 28.6.1997.

Removal from the register of Case T-2/01 (1)

(2002/C 180/62)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-2/01: Vereni-
ging Nederlandse Cementindustrie (VNC) v Commission of the
European Communities.

In the present application, the applicant, an official working
for the defendant, challenges the appointing authority’s refusal
to promote him to Grade B 1 during the 2000 promotions
procedure.

(1) OJ C 95 of 24.3.2001.

In support of his claims, he pleads:

— Infringement of Article 45(1) of the Staff Regulations and

of the principle of non-discrimination;

— Breach of the rights of the defence;

— Disregard in the present case of the obligation to provide

reasons;

— Breach of the principle that legitimate expectations must
be protected, and of the duty of the administration to
have regard for the wellbeing of officials.

Removal from the register of Case T-3/01 (1)

(2002/C 180/63)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-3/01: Eerste
Nederlandse Cement Industrie (ENCI) NV v Commission of the
European Communities.

(1) OJ C 95 of 24.3.2001.
Corrigendum to Commission Regulation (EC) No 1274/2002 of 12 July 2002 concerning the issue of licences for the import of garlic (OJ L 184 of 13.7.2002)
Date: 2002-07-27
Institutions: European Commission
Subjects: bulb vegetable, import licence, originating product, third country

L 198/52

EN

Official Journal of the European Communities

27.7.2002

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 1273/2002 of 12 July 2002 concerning the issue of licences for
the import of garlic

(Official Journal of the European Communities L 184 of 13 July 2002)

On page 14 in Article 2, sixth and seventh lines:

for:
read:

‘… may be lodged from 7 October 2002’,
‘… may be lodged from 14 October 2002’.

Corrigendum to Commission Regulation (EC) No 1274/2002 of 12 July 2002 concerning the issue of licences for
the import of garlic

(Official Journal of the European Communities L 184 of 13 July 2002)

On page 15 in Article 2, seventh and eighth lines:

for:
read:

‘… may be lodged from 7 October 2002’,
‘… may be lodged from 14 October 2002’.
Removal from the register of Case T-113/97
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: European Court of Auditors, European official, action for annulment (EU), appointment of staff, power to appoint, staff assessment

27.7.2002

EN

Official Journal of the European Communities

C 180/35

Action brought on 7 June 2002 by Giorgio Lebedef against
Commission of the European Communities

Removal from the register of Case T-113/97 (1)

(Case T-175/02)

(2002/C 180/60)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 7 June 2002 by Giorgio Lebedef,
residing in Senningerberg (Luxembourg), represented by Gilles
Bounéou, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul decision 9567 of 28 February 2002 of the Director
General of DG ADMIN not to add the applicant’s name
to the list of most deserving officials and not to promote
him to Grade B 1 in the 2000 promotions procedure;

— make an order as to costs requiring the European

Commission to pay them.

Pleas in law and main arguments

(2002/C 180/61)

(Language of the case: French)

By order of 21 February 2002 the President of the First
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-113/97: Pierre Tomarchio v the Court of Auditors of the
European Communities.

(1) OJ C 199 of 28.6.1997.

Removal from the register of Case T-2/01 (1)

(2002/C 180/62)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-2/01: Vereni-
ging Nederlandse Cementindustrie (VNC) v Commission of the
European Communities.

In the present application, the applicant, an official working
for the defendant, challenges the appointing authority’s refusal
to promote him to Grade B 1 during the 2000 promotions
procedure.

(1) OJ C 95 of 24.3.2001.

In support of his claims, he pleads:

— Infringement of Article 45(1) of the Staff Regulations and

of the principle of non-discrimination;

— Breach of the rights of the defence;

— Disregard in the present case of the obligation to provide

reasons;

— Breach of the principle that legitimate expectations must
be protected, and of the duty of the administration to
have regard for the wellbeing of officials.

Removal from the register of Case T-3/01 (1)

(2002/C 180/63)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-3/01: Eerste
Nederlandse Cement Industrie (ENCI) NV v Commission of the
European Communities.

(1) OJ C 95 of 24.3.2001.
Case T-147/02: Action brought on 8 May 2002 by SiSi-Werke GmbH & Co. Betriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage, fruit juice, fruit product, trade-mark law

27.7.2002

EN

Official Journal of the European Communities

C 180/25

— order the defendant to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

Trade mark applied for:

Goods or services:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 725

After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices)

Decision
before
Appeal:

contested
the Board of

Refusal to register by the Exam-
iner

Decision of the Board of
Appeal:

Pleas in law relied on:

Dismissal of the applicant’s appeal

— Infringement

of
Article 7(1)(c) of Regulation
No 40/94 (1)

— No need to refuse the mark

claimed registration

— Infringement

of
Article 7(1)(b) of Regulation
No 40/94

— German registrations

for

upright bottles

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 748/
1999-2, relating to Community trade mark application
in so far as it relates to goods in
number 573 303,
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

— order the defendant to pay the costs.

Pleas in law and main arguments

Trade mark applied for:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 303

Goods or services:

After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices)

Decision
before
Appeal:

contested
the Board of

Refusal to register by the Exam-
iner

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

Action brought on 8 May 2002 by SiSi-Werke GmbH &
Co. Betriebs KG against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

Pleas in law relied on:

— Infringement

of
Article 7(1)(c) of Regulation
No 40/94 (1)

— No need to refuse the mark

claimed registration

— Infringement

of
Article 7(1)(b) of Regulation
No 40/94

— German registrations

for

upright bottles

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(Case T-147/02)

(2002/C 180/44)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.
Notification of an Agreement (Case COMP/38.451 — Kiosque SMS) (Text with EEA relevance)
Date: 2002-07-27
Institutions: European Commission
Subjects: France, agreement (EU), exchange of information, telephone charges

27.7.2002

EN

Official Journal of the European Communities

C 179/13

Notification of an Agreement

(Case COMP/38.451 — Kiosque SMS)

(2002/C 179/06)

(Text with EEA relevance)

1.
On 19 June 2002, the Commission received a notification pursuant to Articles 2 and 4 of Council
Regulation No 17 of an agreement (Kiosque SMS) between the three French GSM mobile operators: SFR
(Cegetel group), Bouygues Télécom (Bouygues group) et Orange France (France Télécom group).

2.
The three operators are proposing to put in place a ‘Kiosque SMS’ on the French mobile telephony
market. The ‘Kiosque SMS’ will make available to content service providers certain shortened mobile
telephone numbers which are common to all three networks. This will allow content service providers
to supply their services to subscribers through one access number common to all networks. In order to
ensure price transparency for subscribers, the operators are proposing to introduce for each set of numbers
a specific price range.

Upon preliminary examination, the Commission finds that the notified agreement could fall within

3.
the scope of Regulation No 17.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

5.
Observations must reach the Commission not later than 20 days following the date of this publi-
cation. Observations can be sent by fax (No (32-2) 296 98 19) or by post under reference COMP/38.451
— Kiosque SMS to:

European Commission
Directorate General Competition
Office J-70 02-119
B-1049 Brussels
e-mail: david.gabathuler@cec.eu.int
Euro exchange rates
Date: 2002-07-27
Institutions: European Commission
Subjects: euro, exchange rate

27.7.2002

EN

Official Journal of the European Communities

C 179/11

COMMISSION

Euro exchange rates (1)

26 July 2002

(2002/C 179/04)

1 euro =

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

Currency

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Exchange
rate

1,0008

117,55

7,4339

0,6337

9,4421

1,4502

85,33

7,563

1,9466

LVL

MTL

PLN

ROL

SIT

SKK

TRL

AUD

CAD

Currency

Latvian lats

Maltese lira

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

Australian dollar

Canadian dollar

0,57524

HKD

Hong Kong dollar

30,672

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,5978

0,4161

4,092

32715

227,0791

44,501

1682000

1,8548

1,5722

7,8061

2,1555

1,7587

245,05

KRW

South Korean won

1181,34

3,4525

ZAR

South African rand

10,1731

___________
(1) Source: reference exchange rate published by the ECB.
Removal from the register of Case T-3/01
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, action for annulment (EU), cement, fine, interest

27.7.2002

EN

Official Journal of the European Communities

C 180/35

Action brought on 7 June 2002 by Giorgio Lebedef against
Commission of the European Communities

Removal from the register of Case T-113/97 (1)

(Case T-175/02)

(2002/C 180/60)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 7 June 2002 by Giorgio Lebedef,
residing in Senningerberg (Luxembourg), represented by Gilles
Bounéou, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul decision 9567 of 28 February 2002 of the Director
General of DG ADMIN not to add the applicant’s name
to the list of most deserving officials and not to promote
him to Grade B 1 in the 2000 promotions procedure;

— make an order as to costs requiring the European

Commission to pay them.

Pleas in law and main arguments

(2002/C 180/61)

(Language of the case: French)

By order of 21 February 2002 the President of the First
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-113/97: Pierre Tomarchio v the Court of Auditors of the
European Communities.

(1) OJ C 199 of 28.6.1997.

Removal from the register of Case T-2/01 (1)

(2002/C 180/62)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-2/01: Vereni-
ging Nederlandse Cementindustrie (VNC) v Commission of the
European Communities.

In the present application, the applicant, an official working
for the defendant, challenges the appointing authority’s refusal
to promote him to Grade B 1 during the 2000 promotions
procedure.

(1) OJ C 95 of 24.3.2001.

In support of his claims, he pleads:

— Infringement of Article 45(1) of the Staff Regulations and

of the principle of non-discrimination;

— Breach of the rights of the defence;

— Disregard in the present case of the obligation to provide

reasons;

— Breach of the principle that legitimate expectations must
be protected, and of the duty of the administration to
have regard for the wellbeing of officials.

Removal from the register of Case T-3/01 (1)

(2002/C 180/63)

(Language of the case: Dutch)

By order of 29 April 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-3/01: Eerste
Nederlandse Cement Industrie (ENCI) NV v Commission of the
European Communities.

(1) OJ C 95 of 24.3.2001.