do-me/EUR-LEX huggingface dataset:
Removal from the register of Case T-319/02
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), clothing, sports equipment, trade-mark law

C 71/44

EN

Official Journal of the European Union

20.3.2004

Removal from the register of Case T-319/02 (1)

Removal from the register of Case T-191/03 (1)

(2004/C 71/77)

(Language of the Case: English)

(2004/C 71/79)

(Language of the Case: French)

By order of 14 November 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-319/02: H.O. Sport Inc. v Office for the Harmonisation of
the Internal Market (Trade Marks and Design) (OHIM).

By order of 1 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-191/03: Alexandre Tilgenkamp v Commission of the
European Communities.

(1) OJ C 7 of 11.1.2003.

(1) OJ C 184 of 2.8.2003.

Removal from the register of Case T-180/03 (1)

(2004/C 71/78)

(Language of the Case: Spanish)

By order of 4 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-180/03: Auna Operadores de Telecomunicaciones S.A.
and Others v Commission of the European Communities.

(1) OJ C 171 of 19.7.2003.

Removal from the register of Case T-296/03 (1)

(2004/C 71/80)

(Language of the Case: Italian)

By order of 15 December 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-296/03: Proteco srl v Commission of the European
Communities.

(1) OJ C 264 of 1.11.2003.
Removal from the register of Case T-307/02
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medicinal product, pharmaceutical product

20.3.2004

EN

Official Journal of the European Union

C 71/43

Pleas in law:

Infringement of articles 43 and
15 of Regulation 40/94 (1).

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

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

2001 (1). According to the applicant article 4 paragraph 2 of
Regulation 1049/2001 does not justify a blanket exclusion of
the Commission’s pleadings from the principle of open access
to Community documents, nor does it give the Commission
the right to refuse access to its pleadings merely because the
matter itself or related proceedings are still pending.

(1) Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents,
Official Journal L 145, 31/05/2001 P. 43-48.

Action brought on 2 February 2004 by Association de la
(‘API’) against the Com-
Presse Internationale a.s.b.l.

mission of the European Communities

(Case T-36/04)

(2004/C 71/74)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 February 2004 by Association
de la Presse Internationale a.s.b.l. (‘API’), Brussels, Belguim,
represented by Mr S. Völcker, Mr F. Louis and Mr J. Heithecker,
lawyers.

The applicant claims that the Court should:

— Annul Commission Decision D(2003) 30621 of 20 Nov-

ember 2003 in its entirety and;

Removal from the register of Case T-89/02 (1)

(2004/C 71/75)

(Language of the Case: English)

By order of 25 November 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-89/02: Check Point Softward Limited v Office for the
Harmonisation of
(Trade Marks and
the Internal Market
Design) (OHIM).

(1) OJ C 156 of 29.6.2002.

— Order the Commission to bear the costs.

Removal from the register of Case T-307/02 (1)

Pleas in law and main arguments

The applicant is a non-profit organisation of foreign journalists
based in Belgium, aiming to assist its members in reporting
back to their home countries about the European Union. It
applied to the Commission for access to all the submissions
made by the Commission in the course of certain proceedings
before the European Court of Justice and the European Court
of First Instance. Such access was denied by the contested
decision.

In support of its application the applicant invokes an infringe-
ment of Articles 2 and 4, paragraph 2, of Regulation 1049/

(2004/C 71/76)

(Language of the Case: German)

By order of 19 November 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-307/02: Altana Pharma AG v Office for the Harmonisation
of the Internal Market (Trade Marks and Design) (OHIM).

(1) OJ C 305 of 7.12.2002.
Removal from the register of Case T-296/03
Date: 2004-03-20
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 71/44

EN

Official Journal of the European Union

20.3.2004

Removal from the register of Case T-319/02 (1)

Removal from the register of Case T-191/03 (1)

(2004/C 71/77)

(Language of the Case: English)

(2004/C 71/79)

(Language of the Case: French)

By order of 14 November 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-319/02: H.O. Sport Inc. v Office for the Harmonisation of
the Internal Market (Trade Marks and Design) (OHIM).

By order of 1 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-191/03: Alexandre Tilgenkamp v Commission of the
European Communities.

(1) OJ C 7 of 11.1.2003.

(1) OJ C 184 of 2.8.2003.

Removal from the register of Case T-180/03 (1)

(2004/C 71/78)

(Language of the Case: Spanish)

By order of 4 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-180/03: Auna Operadores de Telecomunicaciones S.A.
and Others v Commission of the European Communities.

(1) OJ C 171 of 19.7.2003.

Removal from the register of Case T-296/03 (1)

(2004/C 71/80)

(Language of the Case: Italian)

By order of 15 December 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-296/03: Proteco srl v Commission of the European
Communities.

(1) OJ C 264 of 1.11.2003.
Euro exchange rates
Date: 2004-03-20
Institutions: European Commission
Subjects: euro, exchange rate

C 70/2

EN

Official Journal of the European Union

20.3.2004

COMMISSION

Euro exchange rates (1)

19 March 2004

(2004/C 70/02)

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

1,2344

132,00

7,447

0,6735

9,2713

1,5587

87,24

8,515

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

0,58599

HKD

Hong Kong dollar

33,21

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6608

0,4271

4,72

40 030

238,04

40,375

1 623 482

1,6499

1,6428

9,6189

1,8841

2,0879

253,56

KRW

South Korean won

1 429,44

3,4533

ZAR

South African rand

8,1995

___________
(1) Source: reference exchange rate published by the ECB.
List of appointments made by the Council (January and February 2004) (social field)
Date: 2004-03-20
Institutions: Council of the European Union
Subjects: advisory committee (EU), appointment of staff, free movement of workers, occupational health, occupational safety, social security, vocational training

I

(Information)

COUNCIL

LIST OF APPOINTMENTS MADE BY THE COUNCIL

(January and February 2004) (social field)

(2004/C 70/01)

Committee

End of term
of office

Publication
in OJ

Person replaced

Resignation

Member/
alternate

Category

Country

Person appointed

Affiliation

Advisory Committee on
Freedom of Movement for
Workers

6.5.2004

C 119,
22.5.2002

Mr David SARTHOU

Resignation Member

Government France

Mr François LEPAGE

Ministère de
l'Intérieur

Date of
Council
Decision

10.2.2004

Advisory Committee on
Vocational Training

Advisory Committee on
Vocational Training

Advisory Committee on
Safety and Health at Work

Advisory Committee on
Safety and Health at Work

Administrative Board of
the European Foundation
for the Improvement of
Living and Working
Conditions

29.9.2004 C 243,

Ms Isabel COUSO TAPIA

Resignation Member

Government Spain

Mr José Luis MIRA LEMA Ministerio de

10.2.2004

9.10.2002

Educación, Cultura
y Deporte

29.9.2004 C 243,

Ms Laurence THILLMAN

Resignation Alternate

Workers

Luxembourg Ms Françoise SCHMIT

Chambre du Travail 10.2.2004

9.10.2002

31.12.2006 C 321,

Mr Kevin ENRIGHT

Resignation Member

Employers

Ireland

Mr Tony BRISCOE

IBEC

24.2.2004

31.12.2003

31.12.2006 C 321,

Mr Tony BRISCOE

Resignation Alternate

Employers

Ireland

Mr Kevin ENRIGHT

ESB

24.2.2004

31.12.2003

18.10.2004 C 327,

20.11.2001

Mr José CORREIA DE
BRITO XAVIER

Resignation Member

Government Portugal

Mr José Afonso dos
SANTOS LEITAO

—

24.2.2004

Administrative Board of
the European Agency for
Safety and Health at Work

2.6.2005

C 161,
5.7.2002

Mr José Costa TAVARES

Resignation Member

Employers

Portugal

Mr PENA COSTA

CCP

19.2.2004

.

.

2
0
3
2
0
0
4

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N

O

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f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

7
0
/
1
Removal from the register of Case T-89/02
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), software

20.3.2004

EN

Official Journal of the European Union

C 71/43

Pleas in law:

Infringement of articles 43 and
15 of Regulation 40/94 (1).

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

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

2001 (1). According to the applicant article 4 paragraph 2 of
Regulation 1049/2001 does not justify a blanket exclusion of
the Commission’s pleadings from the principle of open access
to Community documents, nor does it give the Commission
the right to refuse access to its pleadings merely because the
matter itself or related proceedings are still pending.

(1) Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents,
Official Journal L 145, 31/05/2001 P. 43-48.

Action brought on 2 February 2004 by Association de la
(‘API’) against the Com-
Presse Internationale a.s.b.l.

mission of the European Communities

(Case T-36/04)

(2004/C 71/74)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 February 2004 by Association
de la Presse Internationale a.s.b.l. (‘API’), Brussels, Belguim,
represented by Mr S. Völcker, Mr F. Louis and Mr J. Heithecker,
lawyers.

The applicant claims that the Court should:

— Annul Commission Decision D(2003) 30621 of 20 Nov-

ember 2003 in its entirety and;

Removal from the register of Case T-89/02 (1)

(2004/C 71/75)

(Language of the Case: English)

By order of 25 November 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-89/02: Check Point Softward Limited v Office for the
Harmonisation of
(Trade Marks and
the Internal Market
Design) (OHIM).

(1) OJ C 156 of 29.6.2002.

— Order the Commission to bear the costs.

Removal from the register of Case T-307/02 (1)

Pleas in law and main arguments

The applicant is a non-profit organisation of foreign journalists
based in Belgium, aiming to assist its members in reporting
back to their home countries about the European Union. It
applied to the Commission for access to all the submissions
made by the Commission in the course of certain proceedings
before the European Court of Justice and the European Court
of First Instance. Such access was denied by the contested
decision.

In support of its application the applicant invokes an infringe-
ment of Articles 2 and 4, paragraph 2, of Regulation 1049/

(2004/C 71/76)

(Language of the Case: German)

By order of 19 November 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-307/02: Altana Pharma AG v Office for the Harmonisation
of the Internal Market (Trade Marks and Design) (OHIM).

(1) OJ C 305 of 7.12.2002.
Case T-18/04: Action brought on 16 January 2004 by Luigi Marcuccio against the Commission of the European Communities
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, health care

C 71/38

EN

Official Journal of the European Union

20.3.2004

Action brought on 16 January 2004 by Luigi Marcuccio
against the Commission of the European Communities

Action brought on 19 January 2004 by Metso Paper
Automation Oy against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-18/04)

(2004/C 71/66)

(Language of the case: Italian)

(Case T-19/04)

(2004/C 71/67)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 16 January 2004 by Luigi Marcuc-
cio, represented by Alessandro Distanto, avvocato.

The applicant claims that the Court should:

— Annul the decision of the Appointing Authority rejecting

his request;

— Declare that

the applicant

to
Article 72 of the Staff Regulations, to reimbursement of
100 % of all medical expenses incurred by him from
4 January 2002 until complete recovery;

is entitled, pursuant

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
19 January 2004 by Metso Paper Automation Oy, Tampere,
Finland, represented by J. Tanhuanpää, lawyer.

The applicant claims that the Court should:

— annul the contested decision (1) partially as concerns
refusal to register the trade mark PAPERLAB on the
grounds of Article 7(1)(c) CTMR (item 1 of the order).
The subject appeal does not apply to item 2 of the order
in which the Board of Appeal remits the case to the
examiner for further prosecution on the grounds of
Article 7(3) CTMR;

— order the Office to pay the costs of the applicant.

— Order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The trade mark con-
cerned:

The word mark ‘PAPERLAB’ —
application No 2 575 009

Goods or service con-
cerned:

in Class 9 (Computer
Goods
equipment and measuring instal-
lations for surveying and testing
of paper)

The applicant takes issue with the defendant’s refusal to
reimburse him 100 % of the medical expenses incurred by him
in the course of treating his illness.

Decision
before
Appeal:

contested
the Board of

Refusal of
examiner

registration by the

In support of those claims, the applicant alleges infringement
of Article 72 of the Staff Regulation and an absolute failure to
state reasons.

Decision of the Board of
Appeal:

contested

The
decision was
upheld insofar as it rejected the
application on the grounds of
Article 7(1)(c) of Regulation (EC)
No 40/94. The case was remitted
to the examiner for further pros-
ecution on the
grounds of
Article 7(3) of Regulation (EC)
No 40/94.
Removal from the register of Case T-191/03
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Commission, abuse of power, action for annulment (EU), administrator, appointment of staff, job vacancy, regulations for civil servants

C 71/44

EN

Official Journal of the European Union

20.3.2004

Removal from the register of Case T-319/02 (1)

Removal from the register of Case T-191/03 (1)

(2004/C 71/77)

(Language of the Case: English)

(2004/C 71/79)

(Language of the Case: French)

By order of 14 November 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-319/02: H.O. Sport Inc. v Office for the Harmonisation of
the Internal Market (Trade Marks and Design) (OHIM).

By order of 1 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-191/03: Alexandre Tilgenkamp v Commission of the
European Communities.

(1) OJ C 7 of 11.1.2003.

(1) OJ C 184 of 2.8.2003.

Removal from the register of Case T-180/03 (1)

(2004/C 71/78)

(Language of the Case: Spanish)

By order of 4 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-180/03: Auna Operadores de Telecomunicaciones S.A.
and Others v Commission of the European Communities.

(1) OJ C 171 of 19.7.2003.

Removal from the register of Case T-296/03 (1)

(2004/C 71/80)

(Language of the Case: Italian)

By order of 15 December 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-296/03: Proteco srl v Commission of the European
Communities.

(1) OJ C 264 of 1.11.2003.
Removal from the register of Case T-180/03
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), cable distribution, economic concentration, jurisdiction, mass media, merger control, pay television

C 71/44

EN

Official Journal of the European Union

20.3.2004

Removal from the register of Case T-319/02 (1)

Removal from the register of Case T-191/03 (1)

(2004/C 71/77)

(Language of the Case: English)

(2004/C 71/79)

(Language of the Case: French)

By order of 14 November 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-319/02: H.O. Sport Inc. v Office for the Harmonisation of
the Internal Market (Trade Marks and Design) (OHIM).

By order of 1 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-191/03: Alexandre Tilgenkamp v Commission of the
European Communities.

(1) OJ C 7 of 11.1.2003.

(1) OJ C 184 of 2.8.2003.

Removal from the register of Case T-180/03 (1)

(2004/C 71/78)

(Language of the Case: Spanish)

By order of 4 December 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-180/03: Auna Operadores de Telecomunicaciones S.A.
and Others v Commission of the European Communities.

(1) OJ C 171 of 19.7.2003.

Removal from the register of Case T-296/03 (1)

(2004/C 71/80)

(Language of the Case: Italian)

By order of 15 December 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal
from the register of
Case T-296/03: Proteco srl v Commission of the European
Communities.

(1) OJ C 264 of 1.11.2003.
Information relating to the entry into force of the Agreement between the European Community and the Republic of Malta on Conformity Assessment and Acceptance of Industrial Products (ACAA)
Date: 2004-03-20
Institutions: Council of the European Union
Subjects: Malta, agreement (EU), approval, industrial product

L 83/22

EN

Official Journal of the European Union

20.3.2004

Information relating to the entry into force of the Agreement between the European Community
and the Republic of Malta on Conformity Assessment and Acceptance of Industrial Products
(ACAA)

The Agreement between the European Community and the Republic of Malta on Conformity Assessment
and Acceptance of Industrial Products (ACAA), which the Council decided to conclude on 20 January
2004 (1), enters into force on 1 April 2004 the procedures provided for in Article 17 of the Agreement
having been completed on 26 February 2004.

(1) OJ L 34, 6.2.2004, p. 42.