do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-219/02
Date: 2003-11-01
Institutions: Court of Justice
Subjects: European Commission, European standard, Greece, access to information, action for failure to fulfil an obligation, national implementing measure, pay television, right to justice, technical standard

C 264/26

EN

Official Journal of the European Union

1.11.2003

Action brought on 19 September 2003 by the Com-
the
mission of

the European Communities against
Kingdom of the Netherlands

Removal from the register of Case C-214/02 (1)

(2003/C 264/45)

(Case C-395/03)

(2003/C 264/44)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
19 September 2003 by the Commission of the European
Communities, represented by W. Wils and K. Banks, acting as
Agents.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-214/02 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat des Landes
Vorarlberg): Gerhard Lintschinger.

(1) OJ C 180 of 27.7.2002.

Removal from the register of Case C-219/02 (1)

The applicant claims that the Court should:

(2003/C 264/46)

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to give effect
to
Directive 98/44/EC (1) of the European Parliament and of
the Council of 6 July 1998 on the legal protection of
biotechnological inventions, or in any event by failing to
inform the Commission of those provisions, the Kingdom
of the Netherlands has failed to fulfil its obligations under
that directive;

2. Order the Kingdom of the Netherlands to pay the costs.

By order of 26 June 2003 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-219/02: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 191 of 10.8.2002.

Pleas in law and main arguments

(2003/C 264/47)

Removal from the register of Joined Cases C-242/02 and
C-243/02 (1)

The period within which the directive had to be transposed
expired on 30 July 2000.

(1) OJ L 213 of 30.7.1998, p. 13.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Joined Cases C-214/02 and C-243/02
(Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat des Salzburg): Manfred Hückel.

(1) OJ C 247 of 12.10.2002.
Corrigendum to Commission Decision 2003/755/EC of 17 February 2003 on the aid scheme implemented by Belgium for coordination centres established in Belgium (OJ L 282 of 30.10.2003)
Date: 2003-11-01
Institutions: European Commission
Subjects: Belgium, State aid, business management, control of State aid, corporation tax, multinational enterprise, tax system

L 285/52

EN

Official Journal of the European Union

1.11.2003

CORRIGENDA

Corrigendum to Commission Decision 2003/754/EC of 26 June 2002 declaring a merger to be compatible with
the common market and the EEA Agreement (Case COMP/M.2650 — Haniel/Cementbouw/JV (CVK))

(Official Journal of the European Union L 282 of 30 October 2003)

On the cover page and on page 1:

for:
read:

‘2003/754/EC’,
‘2003/756/EC’.

Corrigendum to Commission Decision 2003/755/EC of 17 February 2003 on the aid scheme implemented by
Belgium for coordination centres established in Belgium

(Official Journal of the European Union L 282 of 30 October 2003)

On the cover page and on page 25:

for:
read:

‘2003/755/EC’,
‘2003/757/EC’.
Removal from the register of Case T-249/03 R
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: Commission Delegation, European Commission, European official, Kenya, appointment of staff, summary procedure

C 264/40

EN

Official Journal of the European Union

1.11.2003

Removal from the register of Case T-288/99 (1)

Removal from the register of Case T-111/03 (1)

(2003/C 264/70)

(Language of the case: Dutch)

(2003/C 264/72)

(Language of the case: French)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-288/99: Evers V.O.F. v Commission of the European Com-
munities.

(1) OJ C 63 of 4.3.2000.

By order of 16 July 2003 the President of the Second Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-111/03:
Michel Nolin v Commission of the European Communities.

(1) OJ C 124 of 24.5.2003.

Removal from the register of Case T-318/99 (1)

(2003/C 264/71)

(Language of the case: Dutch)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-318/99: Avia Nederland Coöperatie U.A. v Commission of
the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the register of Case T-249/03 R

(2003/C 264/73)

(Language of the case: French)

By order of 5 August 2003 the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-249/03 R: Y v Commission of the
European Communities.
Case T-296/03: Action brought on 29 August 2003 by Proteco s.r.l. against the Commission of the European Communities
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to information, action for annulment (EU), consultation of information, control of State aid, equal treatment, offence

C 264/34

EN

Official Journal of the European Union

1.11.2003

Goods or services:

Goods and services in Classes 16
and 41

Action brought on 29 August 2003 by Proteco s.r.l.
against the Commission of the European Communities

Decision
before
Appeal:

contested
the Board of

Decision of the Board of
Appeal:

Pleas in law:

Refusal by the examiner to register
the mark in respect of ‘printed
matter’ in Class 16 and ‘arranging
and organising of trade fairs, exhi-
bitions, seminars and congresses’
in Class 41

Dismissal of the applicant’s appeal

(Case T-296/03)

(2003/C 264/59)

(Language of the case: Italian)

is

distinctive
— The mark
within
of
Article 7(1)(b) of Regulation
(EC) No 40/94;

the meaning

— The mark is not a descriptive
indication within the mean-
ing of Article 7(1)(c) of Regu-
lation (EC) No 40/94.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Proteco s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Action brought on 29 August 2003 by Poli Sud s.r.l.
against the Commission of the European Communities

Pleas in law and main arguments

(Case T-295/03)

(2003/C 264/58)

(Language of the case: Italian)

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Poli Sud s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Tomasetto Achille
s.a.s. di Tomasetto Andrea & C. against the Commission
of the European Communities

(Case T-297/03)

(2003/C 264/60)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Tomasetto
Achille s.a.s. di Tomasetto Andrea & C., represented by
M.A. Calabrese, lawyer.
Case T-299/03: Action brought on 29 August 2003 by Nuova Fa.U.Di. s.r.l. against the Commission of the European Communities
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to information, action for annulment (EU), consultation of information, control of State aid, equal treatment, offence

1.11.2003

EN

Official Journal of the European Union

C 264/35

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Lavorazione Cuoio
e Pelli Bieffe s.r.l. against the Commission of the European
Communities

(Case T-298/03)

(2003/C 264/61)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Lavorazione
Cuoio e Pelli Bieffe s.r.l., represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Action brought on 29 August 2003 by Nuova Fa.U.Di. s.r.l.
against the Commission of the European Communities

(Case T-299/03)

(2003/C 264/62)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Nuova Fa.U.Di.
s.r.l., represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Moser Baer India
Limited against the Council of the European Union

(Case T-300/03)

(2003/C 264/63)

Pleas in law and main arguments

(Language of the case: English)

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 29 August 2003 by Moser Baer India
(India), represented by P. Bently, QC,
Limited, New Delhi
K. Adamantopoulos, lawyer, R. MacLean and J. Branto, Solici-
tors, with an address for service in Luxembourg.
Case T-295/03: Action brought on 29 August 2003 by Poli Sud s.r.l. against the Commission of the European Communities
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to information, action for annulment (EU), consultation of information, control of State aid, equal treatment, offence

C 264/34

EN

Official Journal of the European Union

1.11.2003

Goods or services:

Goods and services in Classes 16
and 41

Action brought on 29 August 2003 by Proteco s.r.l.
against the Commission of the European Communities

Decision
before
Appeal:

contested
the Board of

Decision of the Board of
Appeal:

Pleas in law:

Refusal by the examiner to register
the mark in respect of ‘printed
matter’ in Class 16 and ‘arranging
and organising of trade fairs, exhi-
bitions, seminars and congresses’
in Class 41

Dismissal of the applicant’s appeal

(Case T-296/03)

(2003/C 264/59)

(Language of the case: Italian)

is

distinctive
— The mark
within
of
Article 7(1)(b) of Regulation
(EC) No 40/94;

the meaning

— The mark is not a descriptive
indication within the mean-
ing of Article 7(1)(c) of Regu-
lation (EC) No 40/94.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Proteco s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Action brought on 29 August 2003 by Poli Sud s.r.l.
against the Commission of the European Communities

Pleas in law and main arguments

(Case T-295/03)

(2003/C 264/58)

(Language of the case: Italian)

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Poli Sud s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Tomasetto Achille
s.a.s. di Tomasetto Andrea & C. against the Commission
of the European Communities

(Case T-297/03)

(2003/C 264/60)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Tomasetto
Achille s.a.s. di Tomasetto Andrea & C., represented by
M.A. Calabrese, lawyer.
Case C-363/03: Action brought on 21 August 2003 by the Commission of the European Communities against the Republic of Austria
Date: 2003-11-01
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, commercial vehicle, intra-EU transport, roadworthiness tests, transport regulations

1.11.2003

EN

Official Journal of the European Union

C 264/21

Action brought on 21 August 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-362/03)

(2003/C 264/34)

the Republic of Austria was brought
An action against
before the Court of Justice of the European Communities
on 21 August 2003 by the Commission of the European
Communities, represented by Arnaud Bordes and Gerald
Braun, Members of the Legal Service of the European Com-
mission, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to adopt or to notify the Com-
mission of the laws, regulations and administrative pro-
visions necessary to transpose Directive 2000/30/EC of
the European Parliament and of the Council of 6 June
2000 on the technical roadside inspection of the road-
worthiness of commercial vehicles circulating in the
Community (1), the Republic of Austria has failed to fulfil
its obligations under that directive;

2. Order the Republic of Austria to pay the costs of the

proceedings.

The applicant claims that the Court should:

Pleas in law and main arguments

1. Declare that, by failing to adopt or to notify the Com-
mission of the laws, regulations and administrative pro-
visions necessary to transpose Council Directive 1999/
74/EC of 19 July 1999 laying down minimum standards
for the protection of laying hens (1), the Republic of
Austria has failed to fulfil
its obligations under that
directive;

2. Order the Republic of Austria to pay the costs of the

proceedings.

Pleas in law and main arguments

The period for transposition expired on 1 January 2002.

(1) OJ 1999 L 203, p. 53.

The period for transposition expired on 10 August 2002.

(1) OJ 2000 L 203, p. 1.

Action brought on 9 September 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-377/03)

(2003/C 264/36)

Action brought on 21 August 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-363/03)

(2003/C 264/35)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
9 September 2003 by the Commission of the European
Communities, represented by C. Giolito and G. Wilms, acting
as Agents, with an address for service in Luxembourg.

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities
on 21 August 2003 by the Commission of the European
Communities, represented by Wouter Wils, Member of the
Legal Service of the European Commission, with an address
for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

1. Declare that,
Removal from the register of Joined Cases C-242/02 and C-243/02
Date: 2003-11-01
Institutions: Court of Justice
Subjects: advertising, consumer information, consumer protection, foodstuff, interpretation of the law, labelling, packaging

C 264/26

EN

Official Journal of the European Union

1.11.2003

Action brought on 19 September 2003 by the Com-
the
mission of

the European Communities against
Kingdom of the Netherlands

Removal from the register of Case C-214/02 (1)

(2003/C 264/45)

(Case C-395/03)

(2003/C 264/44)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
19 September 2003 by the Commission of the European
Communities, represented by W. Wils and K. Banks, acting as
Agents.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-214/02 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat des Landes
Vorarlberg): Gerhard Lintschinger.

(1) OJ C 180 of 27.7.2002.

Removal from the register of Case C-219/02 (1)

The applicant claims that the Court should:

(2003/C 264/46)

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to give effect
to
Directive 98/44/EC (1) of the European Parliament and of
the Council of 6 July 1998 on the legal protection of
biotechnological inventions, or in any event by failing to
inform the Commission of those provisions, the Kingdom
of the Netherlands has failed to fulfil its obligations under
that directive;

2. Order the Kingdom of the Netherlands to pay the costs.

By order of 26 June 2003 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-219/02: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 191 of 10.8.2002.

Pleas in law and main arguments

(2003/C 264/47)

Removal from the register of Joined Cases C-242/02 and
C-243/02 (1)

The period within which the directive had to be transposed
expired on 30 July 2000.

(1) OJ L 213 of 30.7.1998, p. 13.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Joined Cases C-214/02 and C-243/02
(Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat des Salzburg): Manfred Hückel.

(1) OJ C 247 of 12.10.2002.
Case C-362/03: Action brought on 21 August 2003 by the Commission of the European Communities against the Republic of Austria
Date: 2003-11-01
Institutions: Court of Justice
Subjects: Austria, European Commission, European standard, action for failure to fulfil an obligation, laying poultry, livestock farming, protection of animals

1.11.2003

EN

Official Journal of the European Union

C 264/21

Action brought on 21 August 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-362/03)

(2003/C 264/34)

the Republic of Austria was brought
An action against
before the Court of Justice of the European Communities
on 21 August 2003 by the Commission of the European
Communities, represented by Arnaud Bordes and Gerald
Braun, Members of the Legal Service of the European Com-
mission, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to adopt or to notify the Com-
mission of the laws, regulations and administrative pro-
visions necessary to transpose Directive 2000/30/EC of
the European Parliament and of the Council of 6 June
2000 on the technical roadside inspection of the road-
worthiness of commercial vehicles circulating in the
Community (1), the Republic of Austria has failed to fulfil
its obligations under that directive;

2. Order the Republic of Austria to pay the costs of the

proceedings.

The applicant claims that the Court should:

Pleas in law and main arguments

1. Declare that, by failing to adopt or to notify the Com-
mission of the laws, regulations and administrative pro-
visions necessary to transpose Council Directive 1999/
74/EC of 19 July 1999 laying down minimum standards
for the protection of laying hens (1), the Republic of
Austria has failed to fulfil
its obligations under that
directive;

2. Order the Republic of Austria to pay the costs of the

proceedings.

Pleas in law and main arguments

The period for transposition expired on 1 January 2002.

(1) OJ 1999 L 203, p. 53.

The period for transposition expired on 10 August 2002.

(1) OJ 2000 L 203, p. 1.

Action brought on 9 September 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-377/03)

(2003/C 264/36)

Action brought on 21 August 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-363/03)

(2003/C 264/35)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
9 September 2003 by the Commission of the European
Communities, represented by C. Giolito and G. Wilms, acting
as Agents, with an address for service in Luxembourg.

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities
on 21 August 2003 by the Commission of the European
Communities, represented by Wouter Wils, Member of the
Legal Service of the European Commission, with an address
for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

1. Declare that,