Judgment of the court of first instance Fourth Chamber, Extended Composition 19 February 2004 InJoined Cases T-297/01 and T-298/01: SIC – Sociedade Independente de Comunicação,SA v Commission of the European Communities (State aid — Public television— Complaint — Action for failure to act — Definition of position by the Commission— Whether aid new or existing — Request for a ruling that there is no needto adjudicate — Dispute — Compliance with an annulling judgment — Commission'sobligation to make an investigation — Reasonable period)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for failure to act, competition law, firm governed by commercial law, television

C 106/56

EN

Official Journal of the European Union

30.4.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 March 2004

Article 11(2) of Annex VIII to the Staff Regulations —
General implementing provisions — Principle of equal treat-
ment — Free movement of workers)

in Case T-157/01: Danske Busvognmænd v Commission of
the European Communities (1)

(State aid — Regional public transport by bus)

(2004/C 106/107)

(Language of the case: Danish)

(Agents:

In Case T-157/01: Danske Busvognmænd, established in Freder-
iksberg (Denmark), represented by P. Dalskov and N. Symes,
lawyers, against the Commission of the European Communities
(Agents: H. Støvlbæk and D. Triantafyllou) supported by the
Kingdom of Denmark,
J. Molde, P. Biering and K.
Hansen), – application for annulment of Commission decision
SG(2001) D/287297 of 28 March 2001 (aid NN 127/2000)
declaring aid granted by the Danish authorities to Combus A/S
in the form of capital injections as part of the privatisation of
that company to be compatible with the common market – the
Court of First Instance (Second Chamber, Extended Composi-
tion), composed of N.J. Forwood, President,
J. Pirrung, P.
Mengozzi, A.W.H. Meij and M. Vilaras, Judges; D. Christensen,
Administrator, for the Registrar, gave a judgment on 16 March
2004, in which it:

1) Annuls Commission decision SG(2001) D/287297 of 28 March
2001 (aid NN 127/2000) in so far as it declares aid granted by
the Danish authorities to Combus A/S in the form of capital
injections in the amounts of DKK [Y] and DKK [X] to be
compatible with the common market;

(2004/C 106/108)

(Language of the case: French)

In Case T-204/01: Maria-Luise Lindorfer, an official of the
Council of the European Union, residing in Brussels, repre-
sented by G. Vandersanden and L. Levi, avocats, against
Council of
the European Union (Agents: F. Anton and A.
Pilette) – application for annulment of the Council decision of
3 November 2000 calculating the applicant's years of pension-
able service following transfer to the Community scheme of the
flat-rate redemption value of
the retirement pension rights
which she had acquired under the Austrian scheme – the Court
(Fifth Chamber), composed of: R. García Valdecasas, President,
P. Lindh and J.D. Cooke, Judges; J. Plingers, Administrator, for
the Registrar, delivered a judgment on 18 March 2004, the
operative part of which is as follows:

(1) The application is dismissed.

(2) The parties shall bear their own costs.

(1) OJ C 317 of 10.11.01.

JUDGMENT OF THE COURT OF FIRST INSTANCE
FOURTH CHAMBER, EXTENDED COMPOSITION

2) Dismisses the remainder of the application;

19 February 2004

3) Orders the Commission to bear its own costs and pay those of the

applicant;

In Joined Cases T-297/01 and T-298/01: SIC – Sociedade
Independente de Comunicação, SA v Commission of the
European Communities (1)

4) Orders the Kingdom of Denmark to bear its own costs.

(1) OJ No C 275 of 29.9.01

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 March 2004

in Case T-204/01: Maria-Luise Lindorfer v Council of the
European Union (1)

(Officials — Transfer of the flat-rate redemption value of
retirement pension rights acquired in the course of profes-
sional activities prior to entry into the service of the Commu-
nities — Calculation of the years of pensionable service —

(State aid — Public television — Complaint — Action for
failure to act — Definition of position by the Commission —
Whether aid new or existing — Request for a ruling that
there is no need to adjudicate — Dispute — Compliance with
an annulling judgment — Commission's obligation to make
an investigation — Reasonable period)

(2004/C 106/109)

(Language of the case: Portuguese)

In Joined Cases T-297/01 and T-298/01, SIC – Sociedade Inde-
pendente de Comunicação, SA, established in Carnaxide
(Portugal), represented by Mes C. Botelho Moniz and E. Maia
Cadete, avocats, v Commission of the European Communities
(Agents: J. de Sousa Fialho Lopes and J. Buendía Sierra): Appli-
cation for a declaration under Article 232 EC that the Commis-
sion has failed to fulfil its obligations under the EC Treaty, by
failing to adopt a decision in relation to the complaints lodged
by the applicant on 30 July 1993, 22 October 1996 and 20
June 1997, against the Portuguese Republic for infringement of

30.4.2004

EN

Official Journal of the European Union

C 106/57

Article 87 EC, and by failing, in contravention of Article 232
EC and the principle of sound administration,
to take the
measures to comply with the judgment of the Court of First
Instance in Case T-46/97 [2000] ECR II-2125 and initiate the
formal review procedure under Article 88(2) EC, the Court of
(Fourth Chamber, Extended Composition),
First
composed of V. Tiili, President, J. Pirrung, P. Mengozzi, A.W.H.
Meij and M Vilaras, Judges; D. Christensen, Administrator, for
the Registrar, has given a judgment on 19 February 2004, in
which it:

Instance

1. Declares that there is no need to adjudicate on Cases T-297/01

and T-298/01.

2. Orders the Commission to pay the costs.

1. Dismisses the action;

2. Orders the applicant

to bear its own costs and to pay those
incurred by the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) and SCA Nutrition Ltd;

3. Orders Provimi to bear its own costs

(1) OJ 2002 C 109.

(1) OJ C 84 of 06.04.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 March 2004

in Case T-67/02: Léopold Radauer v Council of the Euro-
pean Union (1)

(Officials — Transfer of the flat-rate redemption value of
retirement pension rights acquired in the course of profes-
sional activities prior to entry into the service of the Commu-
nities — Calculation of the years of pensionable service —
Article 11(2) of Annex VIII to the Staff Regulations —
General implementing provisions — Principle of equal treat-
ment — Free movement of workers)

(2004/C 106/111)

(Language of the case: French)

In Case T-67/02: Léopold Radauer, an official of the Council of
the European Union, residing in Brussels, represented by G.
Vandersanden and L. Levi, avocats, against Council of the Euro-
pean Union (Agent: F. Anton) – application for annulment of
the Council decision of 17 April 2001 calculating the appli-
cant's years of pensionable service following transfer to the
Community scheme of the flat-rate redemption value of the
retirement pension rights which he had acquired under the
Austrian scheme – the Court (Fifth Chamber), composed of: R.
García Valdecasas, President, P. Lindh and J.D. Cooke, Judges; J.
Plingers, Administrator, for the Registrar, delivered a judgment
on 18 March 2004, the operative part of which is as follows:

(1) The application is dismissed.

(2) The parties shall bear their own costs.

(1) OJ C 97 of 20.04.02.

JUDGMENT OF THE COURT OF FIRST INSTANCE OF

31 March 2004

in Case T-20/02: Interquell GmbH v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(‘Community trade mark — Application for Community
figurative and word mark HAPPY DOG — Earlier national
word mark HAPPIDOG — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94’)

(2004/C 106/110)

(Language of the case: German)

In Case T-20/02: Interquell GmbH, established in Wehringen
(Germany), represented by G.J. Hodapp,
lawyer, against the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: G. Schneider and U. Pfleghar),
supported by Provimi Ltd, established in Staffordshire (United
Kingdom), represented by M. Kinkeldey, lawyer, the other party
to the proceedings before the Board of Appeal of OHIM, inter-
vening before the Court of First Instance, being SCA Nutrition
Ltd, established in Staffordshire, represented by M. Kinkeldey –
action brought against the decision of the Second Board of
Appeal of OHIM of 27 November 2001 (Case R 264/2000-2)
relating to opposition proceedings between Interquell GmbH
and SCA Nutrition Ltd, the Court of First Instance (Fourth
Chamber), composed of H. Legal, President, V. Tiili and
M. Vilaras, Judges; Registrar: I. Natsinas, Administrator, gave a
judgment on 31 March 2004, in which it: