do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-432/01
Date: 2003-07-05
Institutions: Court of Justice
Subjects: advertising, consumer information, foodstuff, interpretation of the law, labelling, product quality

5.7.2003

EN

Official Journal of the European Union

C 158/21

Removal from the register of Case C-395/01 (1)

Removal from the register of Case C-426/01 (1)

(2003/C 158/36)

(2003/C 158/38)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-395/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

By order of 27 March 2003 the President of the Fifth Chamber
of the Court of Justice of the European Communities ordered
the removal from the register of Case C-426/01 (Reference for
a preliminary ruling by the Tribunal d’Instance, Vienne): SA
Société ACCEA Finances v Christian Giner.

( 1) OJ C 3, 05.01.2002.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-417/01 (1)

(2003/C 158/37)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-417/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

( 1) OJ C 3, 05.01.2002.

Removal from the register of Case C-432/01 (1)

(2003/C 158/39)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-432/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Helmut Gunz.

(1) OJ C 3, 05.01.2002.
Removal from the register of Case C-357/01
Date: 2003-07-05
Institutions: Court of Justice
Subjects: advertising, consumer information, foodstuff, interpretation of the law, labelling, product quality

C 158/20

EN

Official Journal of the European Union

5.7.2003

Action brought on 19 May 2003 by the Commission of
the European Communities against the Hellenic Republic

Removal from the register of Case C-339/01 (1)

(2003/C 158/33)

(Case C-218/03)

(2003/C 158/32)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 19 May
2003 by the Commission of the European Communities,
represented by M. Patakia, Legal Adviser, and N. Yerrell, of the
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 97/80/EC (1) of 15 December 1997 on
the burden of proof in cases of discrimination based on
sex, or in any event by failing to communicate such
provisions, the Hellenic Republic has failed to fulfil its
obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-339/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Kurt Beck.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-343/01 (1)

(2003/C 158/34)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-343/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Christian Kröll.

Under the third paragraph of Article 249 of the Treaty
establishing the European Community, a directive is to be
binding, as to the result to be achieved, on each Member State
to which it is addressed.

(1) OJ C 3, 05.01.2002.

Under the first paragraph of Article 10 of the Treaty, Member
States are to take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out
of the Treaty or resulting from action taken by the institutions
of the Community.

The Hellenic Republic has not contested the fact that it must
take measures to comply with the above-mentioned directive.

The Commission has ascertained that the Hellenic Republic
has not as yet taken appropriate measures to incorporate the
directive in question fully into the Greek legal system.

Removal from the register of Case C-357/01 (1)

(2003/C 158/35)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-357/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Manfred Laaber.

( 1) OJ L 14, 20.1.1998, p. 6.

(1) OJ C 3, 05.01.2002.
Removal from the register of Case C-426/01
Date: 2003-07-05
Institutions: Court of Justice
Subjects: consumer credit, consumer information, consumer protection, contract, cost of borrowing, interpretation of the law

5.7.2003

EN

Official Journal of the European Union

C 158/21

Removal from the register of Case C-395/01 (1)

Removal from the register of Case C-426/01 (1)

(2003/C 158/36)

(2003/C 158/38)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-395/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

By order of 27 March 2003 the President of the Fifth Chamber
of the Court of Justice of the European Communities ordered
the removal from the register of Case C-426/01 (Reference for
a preliminary ruling by the Tribunal d’Instance, Vienne): SA
Société ACCEA Finances v Christian Giner.

( 1) OJ C 3, 05.01.2002.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-417/01 (1)

(2003/C 158/37)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-417/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

( 1) OJ C 3, 05.01.2002.

Removal from the register of Case C-432/01 (1)

(2003/C 158/39)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-432/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Helmut Gunz.

(1) OJ C 3, 05.01.2002.
Removal from the register of Case T-159/01
Date: 2003-07-05
Institutions: Court of First Instance
Subjects: European Commission, European official, Internet, action for annulment (EU), appointment of staff, regulations for civil servants

C 158/28

EN

Official Journal of the European Union

5.7.2003

— Infringement of Directive 91/414 (2) and Regulation
No 3600/92 (3), in so far as the Commission requires that
each of the notifying parties submit a complete dossier
when presenting a notification collectively with other
notifiers of active substances and send such complete
dossier to the defendant within the time-limit referred to
in Article 6(1) of Regulation No 3600/92. It is also
contrary to that provision for the defendant institution to
assume that the applicant is not able to submit data
relating to the evaluation of metalaxyl. The applicant
company therefore takes the view that the contested
decision contradicts the interpretation made by the
Commission itself concerning use of the studies provided
by Syngenta in the drawing up of the report by the
rapporteur Member State.

— Infringement of the principle of proportionality. In this
regard, the applicant would point out, in particular, the
fact that the effect of the contested decision consists in
excluding it from the European market when its scientific
analysis has not even been completed.

— Misuse of powers, inasmuch as, in the applicant’s view,
the purpose of the Commission is none other than to
favour an undertaking which is its direct competitor.

( 1) OJ 2003 L 113, p. 8.
( 2) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ 1991
L 230, p. 1).

( 3) Commission Regulation (EEC) No 3600/92 of 11 December 1992
laying down the detailed rules for the implementation of the first
stage of the programme of work referred to in Article 8 (2) of
Council Directive 91/414/EEC concerning the placing of plant
protection products on the market (OJ 1992 L 366, p. 10).

Removal from the register of Case T-297/00 (1)

(2003/C 158/51)

(Language of the case: French)

By order of 2 April 2003 the President of the First Chamber,
Extended Composition, of the Court of First Instance of the
European Communities ordered the removal from the register
of Case T-297/00: Company Claude-Anne de Solène v Council
of the European Union and Commission of the European
Communities.

(1) OJ C 355, 09.12.2000.

Removal from the register of Case T-159/01 (1)

(2003/C 158/52)

(Language of the case: French)

By order of 31 March 2003 the Court of First Instance of the
European Communities (Sole Judge: R. M. Moura Ramos)
ordered the removal
from the register of Case T-159/01:
Christopher Wilkinson v Commission of the European Com-
munities.

(1) OJ C 275, 29.09.2001.
Removal from the register of Case C-343/01
Date: 2003-07-05
Institutions: Court of Justice
Subjects: advertising, consumer information, foodstuff, interpretation of the law, labelling, product quality

C 158/20

EN

Official Journal of the European Union

5.7.2003

Action brought on 19 May 2003 by the Commission of
the European Communities against the Hellenic Republic

Removal from the register of Case C-339/01 (1)

(2003/C 158/33)

(Case C-218/03)

(2003/C 158/32)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 19 May
2003 by the Commission of the European Communities,
represented by M. Patakia, Legal Adviser, and N. Yerrell, of the
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 97/80/EC (1) of 15 December 1997 on
the burden of proof in cases of discrimination based on
sex, or in any event by failing to communicate such
provisions, the Hellenic Republic has failed to fulfil its
obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-339/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Kurt Beck.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-343/01 (1)

(2003/C 158/34)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-343/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Christian Kröll.

Under the third paragraph of Article 249 of the Treaty
establishing the European Community, a directive is to be
binding, as to the result to be achieved, on each Member State
to which it is addressed.

(1) OJ C 3, 05.01.2002.

Under the first paragraph of Article 10 of the Treaty, Member
States are to take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out
of the Treaty or resulting from action taken by the institutions
of the Community.

The Hellenic Republic has not contested the fact that it must
take measures to comply with the above-mentioned directive.

The Commission has ascertained that the Hellenic Republic
has not as yet taken appropriate measures to incorporate the
directive in question fully into the Greek legal system.

Removal from the register of Case C-357/01 (1)

(2003/C 158/35)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-357/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Manfred Laaber.

( 1) OJ L 14, 20.1.1998, p. 6.

(1) OJ C 3, 05.01.2002.
Euro exchange rates
Date: 2003-07-05
Institutions: European Commission
Subjects: euro, exchange rate

5.7.2003

EN

Official Journal of the European Union

C 157/1

I

(Information)

COMMISSION

Euro exchange rates (1)

4 July 2003

(2003/C 157/01)

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

1,1466

135,4

7,4338

LVL

MTL

PLN

Currency

Latvian lats

Maltese lira

Polish zloty

Exchange
rate

0,6474

0,4261

4,4595

0,68675

ROL

Romanian leu

37 611

9,1783

1,55

87,61

8,267

1,9465

SIT

SKK

TRL

AUD

CAD

Slovenian tolar

Slovak koruna

Turkish lira

Australian dollar

Canadian dollar

0,58683

HKD

Hong Kong dollar

31,625

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

234,205

41,525

1 596 000

1,6863

1,5341

8,9414

1,9252

2,0046

263,98

KRW

South Korean won

1 353,56

3,4531

ZAR

South African rand

8,6278

___________
(1) Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.3173 — E.ON/Fortum Burghausen/Smaland/Edenderry) (Text with EEA relevance)
Date: 2003-07-05
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy transport, exchange of information, merger control

5.7.2003

EN

Official Journal of the European Union

C 157/5

Non-opposition to a notified concentration

(Case COMP/M.3173 — E.ON/Fortum Burghausen/Smaland/Edenderry)

(2003/C 157/04)

(Text with EEA relevance)

On 13 June 2003 the Commission decided not to oppose the above notified concentration and to declare
it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation
(EEC) No 4064/89. The full text of the decision is only available in German and will be made public after
it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CDE’ version of the CELEX database, under document No 303M3173. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.
Case T-130/03: Action brought on 17 April 2003 by Alcon Inc. against the Office for Harmonisation in the Internal Market
Date: 2003-07-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law

5.7.2003

EN

Official Journal of the European Union

C 158/23

Action brought on 17 April 2003 by Alcon Inc. against
the Office for Harmonisation in the Internal Market

Action brought on 17 April 2003 by Gerolsteiner Brun-
nen GmbH & Co. against the Office for Harmonisation in
the Internal Market

(Case T-130/03)

(2003/C 158/42)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: English)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 17 April 2003 by Alcon Inc.,
Hünenberg, Switzerland, represented by Mr G. Breen, Solicitor,
with an address for service in Luxembourg. A further party to
the proceedings before the Board of Appeal was Biofarma
(plc).

The applicant claims that the Court should:

— annul the contested decision

— order OHIM to pay the costs

Pleas in law and main arguments

(Case T-131/03)

(2003/C 158/43)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: English)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 17 April 2003 by Gerolsteiner
Brunnen GmbH & Co., Gerolstein, Germanty, represented by
Dr A. Ebert-Weidenfeller,
lawyer. A further party to the
proceedings before the Board of Appeal was Kerry Group p.l.c.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for Harmonization in the International Market
(Trade Marks and Designs) of February 13, 2003 (case
R275/2002-1) and to order costs against the OHIM

Applicant
munity trade mark:

for

Com-

The Applicant

Pleas in law and main arguments

Community trade mark Word mark ‘TRAVATAN’ —
Application No 847590,
for
sought:
products in class 5 (ophthalmic
pharamaceutical poducts)

Applicant
munity trade mark:

for

Com-

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

BIOFARMA PLC

Community trade mark
sought:

Mark or sign cited in
opposition:

Italian word mark ‘TRIVASTAN’
for class 5 products.

Decision of the Oppo-
sition Division:

Refusal of the application.

Decision of the Board of
Appeal:

Refusal of the appeal.

Kerry Group PLC.

Figurative mark ‘KERRY Spring’
— Application No 0000443135,
for products in class 32 (spring,
mineral and aerated waters and
other non-alcoholic drinks, fruit
drinks and fruits juices, fruit fla-
vored spring and mineral waters).

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

The applicant.

Mark or sign cited in
opposition:

German trademark registration
No 1100746 for the word ‘GER-
RI’., for products in class 5 and 32.
Removal from the register of Case C-417/01
Date: 2003-07-05
Institutions: Court of Justice
Subjects: advertising, consumer information, foodstuff, interpretation of the law, labelling, packaging

5.7.2003

EN

Official Journal of the European Union

C 158/21

Removal from the register of Case C-395/01 (1)

Removal from the register of Case C-426/01 (1)

(2003/C 158/36)

(2003/C 158/38)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-395/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

By order of 27 March 2003 the President of the Fifth Chamber
of the Court of Justice of the European Communities ordered
the removal from the register of Case C-426/01 (Reference for
a preliminary ruling by the Tribunal d’Instance, Vienne): SA
Société ACCEA Finances v Christian Giner.

( 1) OJ C 3, 05.01.2002.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-417/01 (1)

(2003/C 158/37)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-417/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

( 1) OJ C 3, 05.01.2002.

Removal from the register of Case C-432/01 (1)

(2003/C 158/39)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-432/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Helmut Gunz.

(1) OJ C 3, 05.01.2002.
Removal from the register of Case C-395/01
Date: 2003-07-05
Institutions: Court of Justice
Subjects: advertising, consumer information, foodstuff, interpretation of the law, labelling, packaging

5.7.2003

EN

Official Journal of the European Union

C 158/21

Removal from the register of Case C-395/01 (1)

Removal from the register of Case C-426/01 (1)

(2003/C 158/36)

(2003/C 158/38)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-395/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

By order of 27 March 2003 the President of the Fifth Chamber
of the Court of Justice of the European Communities ordered
the removal from the register of Case C-426/01 (Reference for
a preliminary ruling by the Tribunal d’Instance, Vienne): SA
Société ACCEA Finances v Christian Giner.

( 1) OJ C 3, 05.01.2002.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-417/01 (1)

(2003/C 158/37)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-417/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Herbert Bregenzer.

( 1) OJ C 3, 05.01.2002.

Removal from the register of Case C-432/01 (1)

(2003/C 158/39)

By order of 25 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-432/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Helmut Gunz.

(1) OJ C 3, 05.01.2002.