Order of the Court (Fourth Chamber) of 27 January 2004 in Case C-428/01 (reference for a preliminary ruling from the Tribunale di Catania): Fratelli Costanzo SpA v Elettrica SpA
Date: 2004-04-17
Institutions: Court of Justice
Subjects: EU law - national law, Italy, State aid, interpretation of the law, transitional period (EU)

17.4.2004

EN

Official Journal of the European Union

C 94/11

ORDER OF THE COURT

1. The appeal is dismissed;

(Fourth Chamber)

(1) OJ 2001 C 317.

2. Telefon & Buch VerlagsgmbH shall pay the costs.

of 5 February 2004

in Case C-326/01: Telefon & Buch VerlagsgmbH v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (1)

(Appeal — Community trade mark — Regulation (EC) No
to register —
40/94 — Absolute ground for refusal
Distinctive character — Marks consisting exclusively of
descriptive signs or indications — Word marks ‘Universal-
telefonbuch’ and ‘Universalkommunikationsverzeichnis’)

ORDER OF THE COURT

(Fourth Chamber)

of 27 January 2004

(2004/C 94/20)

(Language of the case: German)

in Case C-428/01 (reference for a preliminary ruling from
the Tribunale di Catania): Fratelli Costanzo SpA v Elettrica
SpA (1)

(Article 104(3) of the Rules of Procedure — Questions
identical to questions on which the Court has already
ruled)

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

and

In Case C-326/01 P: Telefon & Buch VerlagsgmbH (Lawyer:
H.G. Zeiner), with an address for service in Luxembourg —
Appeal against the judgment of the Court of First Instance of
the European Communities (Fourth Chamber) of 14 June 2001
in Joined Cases T-357/99 and T-358/99 Telefon & Buch v OHIM
(Universaltelefonbuch
Universalkommunikationsverzeichnis)
[2001] ECR II-1705, by which the Court of First Instance
dismissed the actions brought against two decisions of the
Third Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 21 October 1999
‘Universaltelefonbuch’ and
refusing to register
‘Universalkommunikationsverzeichnis’
trade
marks (Cases R 351/1999-3 and R 352/1999-3), seeking to
have that judgment set aside, the other party to the proceedings
being: Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (Agents: E. Joly and S. Bonne) – the Court
(Fourth Chamber), composed of J.N. Cunha Rodrigues, Presi-
dent of the Chamber, J.-P. Puissochet (Judge-Rapporteur) and F.
Macken, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R.
Grass, Registrar, made an order on 5 February 2004, the opera-
tive part of which is as follows:

as Community

the words

(2004/C 94/21)

(Language of the case: Italian)

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

In Case C-428/01: reference to the Court under Article 234 EC
from the Tribunale di Catania (Italy) for a preliminary ruling in
the proceedings pending before that court between Fratelli
Costanzo SpA and Elettrica SpA — on the interpretation of
Article 87 EC and 88 EC — the Court (Fourth Chamber),
composed of: J. N. Cunha Rodrigues, President of the Chamber,
J.-P. Puissochet and K. Lenaerts (Rapporteur), Judges; D. Ruiz-
Jarabo Colomer, Advocate General; R. Grass, Registrar, has
made an order on 27 January 2004, the operative part of
which is as follows:

C 94/12

EN

Official Journal of the European Union

17.4.2004

1. Transitional rules, such as those laid down in Article 106 of
Legislative Decree No 270/99 of 8 July 1999, introducing
new rules for the extraordinary management of large-scale
undertakings in a state of insolvency and maintaining the
effect of a new State aid scheme which had not been noti-
fied to the Commission of the European Communities and
had been declared incompatible with Community law,
constitute themselves a new State aid scheme for
the
purposes of Article 87 EC and 88 EC.

2. Questions in which the Court

is asked to examine the
compatibility with the common market of transitional rules
such as those provided for by Article 106 of Legislative
Decree No 270/99 are inadmissible.

(1) OJ C 3 of 5.1.2002.

Chamber, J.-P. Puissochet (Rapporteur) and F. Macken, Judges;
F.G. Jacobs, Advocate General; R. Grass, Registrar, has made
an order on 5 February 2004, the operative part of which is as
follows:

1. The appeal is dismissed.

2. The appellant is to pay the costs.

(1) OJ C 169 of 13.07.2002.

ORDER OF THE COURT

(Fourth Chamber)

5 February 2004

in Case C-150/02 P: Streamserve Inc. v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM), (1)

(Appeal — Community trade mark — Regulation (EC) No
40/94 — Absolute ground for refusal
to register —
Distinctive character — Marks consisting exclusively of
descriptive signs or indications — ‘Streamserve’)

(2004/C 94/22)

(Language of the case: English)

In Case C-150/02 P: Streamserve Inc., represented by J. Käär-
iäinen, advokat, with an address for service in Luxembourg:
Appeal against the judgment of the Court of First Instance of
the European Communities (Fourth Chamber) of 27 February
2002 in Case T-106/00 Streamserve v OHIM (Streamserve)
[2002] ECR II-723, seeking the annulment of that judgment in
so far as the Court of First Instance held that the Second Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) had not infringed Article
7(1)(c) of Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark (OJ 1994 L 11, p. 1) in
its decision of 28 February 2000 refusing registration of the
word ‘Streamserve’ as a Community trade mark, other than as
regards goods in the categories ‘manuals’ and ‘publications’
(Case R 423/1999-2), the other party to the proceedings being:
Office for Harmonisation in the Internal Market (Trade Marks
(Fourth
and Designs)
Chamber), composed of: J.N. Cunha Rodrigues, President of the

(Agent: E.

the Court

(OHIM),

Joly),

ORDER OF THE COURT

(First Chamber)

28 January 2004

in Case C-164/02: Kingdom of the Netherlands v Commis-
sion of the European Communities, (1)

(State aid — Aid for the processing of dredging silt —
Measure notified to and authorised by the Commission —
Action for annulment — Inadmissibility)

(2004/C 94/23)

(Language of the case: Dutch)

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

In Case C-164/02: Kingdom of the Netherlands, represented by
H.G. Sevenster, acting as Agent, Commission of the European
Communities (Agents: V. Di Bucci and H. van Vliet), with an
address for service in Luxembourg: Application for the annul-
ment of Commission Decision SG (2002) D/228533 of 15
February 2002 relating
aid No N 812/2001
to State
concerning the Stimuleringsregeling verwerking baggerspecie
(Rules on incentives to encourage the processing of dredging
silt), in so far as the Commission takes the view therein that
the contributions paid to port authorities pursuant to those
rules constitute State aid for the purposes of Article 87(1) EC,
the Court (First Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, A. La Pergola, S. von Bahr, R. Silva
de Lapuerta and K. Lenaerts, Judges; M. Poiares Maduro, Advo-
cate General; R. Grass, Registrar, has made an order on 28
January 2004, the operative part of which is as follows:

1. The application is dismissed as inadmissible

2. The Kingdom of the Netherlands shall pay the costs.

(1) OJ C 156 of 29.06.2002.