do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-218/03
Date: 2004-02-21
Institutions: Court of Justice
Subjects: European Commission, European social policy, Greece, action for failure to fulfil an obligation, equal treatment, proof, sexual discrimination

21.2.2004

EN

Official Journal of the European Union

C 47/27

Removal from the register of Case C-126/02 (1)

from the register of Case C-80/03: Commission of
European Communities v Kingdom of the Netherlands.

the

(2004/C 47/48)

(1) OJ C 83, 5.4.2003.

By order of 23 October 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-126/02: Commission of the
European Communities v Kingdom of Belgium.

(1) OJ C 144, 15.6.2002.

Removal from the register of Case C-108/03 (1)

(2004/C 47/52)

Removal from the register of Case C-35/03 (1)

(2004/C 47/49)

By order of 10 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-108/03: Commission of the
European Communities v Kingdom of Spain.

By order of 6 November 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-35/03: Commission of
the
European Communities v Italian Republic.

(1) OJ C 112, 10.5.2003.

(1) OJ C 70, 22.3.2003.

Removal from the register of Case C-142/03 (1)

(2004/C 47/53)

Removal from the register of Case C-57/03 (1)

(2004/C 47/50)

By order of 11 November 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-142/03: Commission of the
European Communities v Kingdom of Spain.

By order of 21 October 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-57/03: Commission of
the
European Communities v Italian Republic.

(1) OJ C 146 of 21.6.2003.

(1) OJ C 83, 5.4.2003.

Removal from the register of Case C-218/03 (1)

(2004/C 47/54)

Removal from the register of Case C-80/03 (1)

(2004/C 47/51)

By order of 10 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-218/03: Commission of the
European Communities v Hellenic Republic.

By order of 21 October 2003 the President of the Court of
Justice of the European Communities ordered the removal

(1) OJ C 158, 5.7.2003.
Removal from the register of Case C-57/03
Date: 2004-02-21
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, arrangement of working time, national implementing measure

21.2.2004

EN

Official Journal of the European Union

C 47/27

Removal from the register of Case C-126/02 (1)

from the register of Case C-80/03: Commission of
European Communities v Kingdom of the Netherlands.

the

(2004/C 47/48)

(1) OJ C 83, 5.4.2003.

By order of 23 October 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-126/02: Commission of the
European Communities v Kingdom of Belgium.

(1) OJ C 144, 15.6.2002.

Removal from the register of Case C-108/03 (1)

(2004/C 47/52)

Removal from the register of Case C-35/03 (1)

(2004/C 47/49)

By order of 10 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-108/03: Commission of the
European Communities v Kingdom of Spain.

By order of 6 November 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-35/03: Commission of
the
European Communities v Italian Republic.

(1) OJ C 112, 10.5.2003.

(1) OJ C 70, 22.3.2003.

Removal from the register of Case C-142/03 (1)

(2004/C 47/53)

Removal from the register of Case C-57/03 (1)

(2004/C 47/50)

By order of 11 November 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-142/03: Commission of the
European Communities v Kingdom of Spain.

By order of 21 October 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-57/03: Commission of
the
European Communities v Italian Republic.

(1) OJ C 146 of 21.6.2003.

(1) OJ C 83, 5.4.2003.

Removal from the register of Case C-218/03 (1)

(2004/C 47/54)

Removal from the register of Case C-80/03 (1)

(2004/C 47/51)

By order of 10 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-218/03: Commission of the
European Communities v Hellenic Republic.

By order of 21 October 2003 the President of the Court of
Justice of the European Communities ordered the removal

(1) OJ C 158, 5.7.2003.
Notice of the expiry of certain anti-dumping measures
Date: 2004-02-21
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, originating product, two-wheeled vehicle

C 46/26

EN

Official Journal of the European Union

21.2.2004

Notice of the expiry of certain anti-dumping measures

(2004/C 46/05)

Further to the publication of a notice of impending expiry (1), following which no request for a review was
received, the Commission gives notice that the anti-dumping measures mentioned below will shortly
expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22
December 1995 (2) on protection against dumped imports from countries not members of the European
Community.

Product

Country(ies) of origin
or exportation

Measures

Reference

Date of expiry

Bicycles

Taiwan

Duty

Regulation (EC) No 397/1999
(OJ L 49, 25.2.1999, p. 1)
as last amended by
Regulation (EC) No 1340/2002
(OJ L 196, 25.7.2002, p. 19)

26.2.2004

(1) OJ C 123, 24.5.2003, p. 19.
(2) OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

Withdrawal of notification of a concentration

(Case COMP/M.3364 — ONO/Hidrocantábrico/Retecal)

(2004/C 46/06)

(Text with EEA relevance)

On 9 February the Commission of the European Communities received notification of a proposed concen-
tration between Grupo Corporativo ONO SA, Hidroeléctrica del Cantábrico, SA and Retecal Sociedad
Operadora de Telecomunicaciones de Castilla y León, SA. On 16 February the notifying party informed
the Commission that it withdrew its notification.
Case T-438/03: Action brought on 26 December 2003 by Kelvin William Stephens against Commission of the European Communities
Date: 2004-02-21
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), promotion, regulations for civil servants, seniority

C 47/40

EN

Official Journal of the European Union

21.2.2004

4.

Infringement (in various respects) of Article 73 of Regu-
lation No 1605 of 2002 and Article 32 of Council
Regulation (EC) No 1260 of 21 June 1999 (3), in that the
Commission unlawfully retained the credit owed to the
Regione Siciliana substantially after the time when a
lawful and unexceptionable application for payment had
been made.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June
2002 on the Financial Regulation applicable to the general budget
of the European Communities (OJ 2002 L 248 of 16.09.02, p. 1).
(2) Commission Regulation (EC, Euratom) No 2342/2002 of
23 December 2002 laying down detailed rules for the implemen-
tation of Council Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of the
European Communities (OJ 2002 L 357 of 31.12.02, p. 1).
(3) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying
down general provisions on the Structural Funds (OJ 1999 L 161
of 26.06.1999, p. 1).

Action brought on 26 December 2003 by Kelvin William
Stephens against Commission of the European Communi-
ties

(Case T-438/03)

(2004/C 47/74)

(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 26 December 2003 by Kelvin
William Stephens, residing in Brussels, represented by Nicolas
Lhoëst, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— Annul the decision of the appointing authority dated
23 December 2002, in so far as it did not award the
applicant additional seniority and therefore reclassified
him in Grade A6, Step 2, instead of Grade A6, Step 3;

— Annul, so far as necessary, the decision of the appointing
authority of 4 September 2003, notified to the applicant
on 17 September 2003, rejecting complaint R/155/03;

— Order the defendant to pay all the costs of the proceed-

ings.

Pleas in law and main arguments

Following the judgments of the Court of Justice in Cases
C-389/98 P and C-459/98 P, the Commission reconsidered
under Article 31(2) of the Staff Regulations the classification
of officials who used remedies within the meaning of Article 91
of the Staff Regulations. Following that exercise, the Com-
mission adopted the contested decision in respect of the
applicant.

In support of his action, the applicant claims, as regards
additional seniority, that there has been a breach of the
Commission decisions of 6 June 1973 and 1 September 1983
on the criteria applicable to appointment in grade and to
classification in step on recruitment, a breach of Article 5(3)
of the Staff Regulations, and of the principle of equal treatment
and, last, a breach of Article 25(2) of the Staff Regulations and
of the obligation to state reasons.