Order of the Court (Fourth Chamber) of 31 March 2004 in Case C-51/03 (reference for a preliminary ruling from the Amtsgericht Löbau): Nicoleta Maria Georgescu (Regulation (EC) No 539/2001 — Countries for which the application of the abolition of the visa requirement is suspended until a further decision of the Council — Extent of the suspension — Lack of jurisdiction of the Court)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: EU visa policy, Romania, admission of aliens, foreign national, interpretation of the law

C 118/28

EN

Official Journal of the European Union

30.4.2004

ORDER OF THE COURT OF JUSTICE

ORDER OF THE COURT OF JUSTICE

(Fourth Chamber)

of 28 April 2004

in Case C-3/03 P Matratzen Concord GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Appeal — Community trade mark — Regulation (EC) No
40/94 — Similarity between two signs — Likelihood of
confusion — Application for a figurative Community trade
mark containing the word ‘Matratzen’ — Earlier word mark
MATRATZEN)

(2004/C 118/49)

(Language of the case: German)

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

Instance of

In Case C-3/03 P: appeal by Matratzen Concord GmbH,
formerly Matratzen Concord AG, established in Cologne
(Germany) (lawyer: W.-W. Wodrich) against the judgment of
the European Communities
the Court of First
(Fourth Chamber) of 23 October 2002 in Case T-6/01
Matratzen Concord v OHIM – Hukla Germany (Matratzen)
[2002] ECR II-4335, seeking annulment of that judgment, by
which the Court of First Instance dismissed the action brought
against the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 31 October 2000, refusing registration of a
figurative mark as a Community trade mark (Joined Cases R
728/1999-2 and R 792/1999-2),
the other party to the
proceedings being: Office for Harmonisation in the Internal
Market (Trade Marks and Designs)
(Agents: A. von
Mühlendahl and G. Schneider) – the Court (Fourth Chamber),
composed of J.N. Cunha Rodrigues, President of the Chamber,
F. Macken (Rapporteur) and K. Lenaerts Judges; C. Stix-Hackl,
Advocate General; R. Grass, Registrar, made an order on 28
April 2004, the operative part of which is as follows:

(OHIM)

(Third Chamber)

of 1 April 2004

in Case C-47/03 P: Michael Cwik v Commission of the
European Communities (1)

(Appeal — Officials — Reasons for judgment — Reorgani-
sation of the administrative structures of the Commission —
Re-assignment — Interests of the service — Misuse of
powers — Duty to have regard to the interests of officials —
Manifestly inadmissible appeal)

(2004/C 118/50)

(Language of the case: French)

In Case C-47/03 P: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),
(Lawyer: N. Lhoëst), appealing against the judgment of the
Court of First Instance of the European Communities (Second
Chamber) of 26 November 2002, Case T-103/01 Cwik v
Commission, ECR-SC I-A-229 and I-1137) and seeking annul-
ment of that judgment, the other party to the proceedings
being the Commission of the European Communities (Agent: J.
Currall, assisted by D. Waelbroeck) – the Court
(Third
Chamber), composed of: A. Rosas, President of the Chamber, R.
Schintgen (Rapporteur) and N. Colneric, Judges, D. Ruiz-Jarabo
Colomer, Advocate General, R. Grass, Registrar, made an order
on 1 April 2004, the operative part of which is as follows:

1. Dismisses the appeal.

2. Orders M. Cwik to pay the costs.

(1) OJ C 83 of 5.4.2004

ORDER OF THE COURT

(Fourth Chamber)

of 31 March 2004

in Case C-51/03 (reference for a preliminary ruling from
the Amtsgericht Löbau): Nicoleta Maria Georgescu (1)

(Regulation (EC) No 539/2001 — Countries for which the
application of
is
suspended until a further decision of the Council — Extent of
the suspension — Lack of jurisdiction of the Court)

the visa requirement

the abolition of

1. The appeal is dismissed.

2. The applicant shall pay the costs.

(1) OJ C 70 of 22. 3. 2003.

(2004/C 118/51)

(Language of the case: German)

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

In Case C-51/03: reference to the Court under Article 234 EC
for a preliminary
from the Amtsgericht Löbau (Germany)

30.4.2004

EN

Official Journal of the European Union

C 118/29

ruling in the criminal proceedings pending before that court
against Nicoleta Maria Georgescu - on the interpretation of
Council Regulation (EC) No 539/2001 of 15 March 2001
listing the third countries whose nationals must be in posses-
sion of visas when crossing the external borders and those
whose nationals are exempt from that requirement (OJ 2001 L
81, p. 1) - the Court (Fourth Chamber), composed of: J. N.
Cunha Rodrigues (Rapporteur), President of the Chamber, J.-P.
Judges; C. Stix-Hackl, Advocate
Puissochet and F. Macken,
General; R. Grass, Registrar, has given a judgment on 31 March
2004, the operative part of which is as follows:

The Court of Justice of the European Communities manifestly has no
jurisdiction to answer the question referred by the Amtsgericht Löbau
(Germany) by order of 21 October 2002.

(1) OJ C 112 of 10.5.2003.

ORDER OF THE COURT OF JUSTICE

(Grand Chamber)

of 12 March 2004

in Case C-54/03 (reference for a preliminary ruling from
the Landesgericht für Zivilrechtssachen Wien): Austro-
plant-Arzneimittel GmbH v Republik Österreich (1)

(Reference for a preliminary ruling — Article 104(5) of the
Rules of Procedure — Request for the national court to
provide clarification — Inadmissibility of the reference for a
preliminary ruling)

(2004/C 118/52)

(Language of the case: German)

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

In Case C-54/03: reference to the Court under Article 234 EC
für Zivilrechtssachen Wien (Austria),
by the Landesgericht
seeking to obtain, in the proceedings pending before that court
between Austroplant-Arzneimittel GmbH and Republik Öster-
reich, a preliminary ruling on the interpretation of Council
Directive 89/105/EEC of 21 December 1988 relating to the
transparency of measures regulating the pricing of medicinaI
products for human use and their inclusion in the scope of
national health insurance systems (OJ 1989 L 40, p. 8) – the
Court (Grand Chamber), composed of V. Skouris, President, P.
Jann, C.W.A. Timmermans, C. Gulmann, J.N. Cunha Rodrigues
and A. Rosas, Presidents of Chambers, R. Schintgen, F. Macken,
N. Colneric, S. von Bahr and R. Silva de Lapuerta (Rapporteur),
Judges, made an order on 12 March 2004, the operative part
of which is as follows:

The request for a preliminary ruling by the Landesgericht für Zivil-
rechtssachen Wien, by order of 29 January 2003, is manifestly inad-
missible.

(1) OJ C 112 of 10. 5. 2003.

ORDER OF THE COURT

(First Chamber)

of 1 April 2004

in Case C-156/03 P: Commission of the European Commu-
nities v Les Laboratoires Servier SA (1)

(Directives 65/65/EEC and 75/319/EEC — Medicinal
products for human use — Dexfenfluramine and fenflura-
mine — Withdrawal of a marketing authorisation — Compe-
tence of the Commission — Conditions for withdrawal —
Appeal clearly unfounded)

(2004/C 118/53)

(Language of the case: English)

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

In Case C-156/03 P: Commission of the European Commu-
nities (Agents: R.B. Wainwright and H. Støvlbæk), appeal
against the judgment of the Court of First Instance of the Euro-
pean Communities (Second Chamber, Extended Composition)
of 28 January 2003 in Case T-147/00 Laboratoires Servier v
Commission [2003] ECR II-85, seeking to have that judgment
set aside, the other party to the proceedings being: Les Labora-
toires Servier SA, established in Neuilly-sur-Seine (France)
(Lawyers: I. S. Forrester QC and J. Killick, barrister) - the Court
(First Chamber), composed of: P. Jann (Rapporteur), President
of the Chamber, A. Rosas, A. La Pergola, R. Silva de Lapuerta
and K. Lenaerts, Judges; J. Kokott, Advocate General; R. Grass,
Registrar, made an order on 1 April 2004, the operative part
of which is as follows:

1) The appeal is dismissed.

2) The Commission of the European Communities shall pay the costs
of these proceedings and of those relating to the application for
interim relief.

(1) OJ C 146 of 21.6.2003.