Order of the Court (Fifth Chamber) of 28 June 2004 in Case C-445/02 P: Glaverbel SA v OHIM (Appeal — Regulation (EC) No 40/94 — Community trade mark — Design applied to the surface of goods — Absolute ground for refusal — Lack of distinctive character)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: Belgium, EU trade mark, European Union Intellectual Property Office, action for annulment (EU), sugar industry

11.9.2004

EN

Official Journal of the European Union

C 228/17

1. Declares the action of the Commission of the European Commu-
nities inadmissible in so far as it seeks annulment of the failure of
the Council of the European Union to adopt the formal instru-
ments contained in the Commission's recommendations pursuant
to Article 104(8) and (9) EC;

2. Annuls the Council's conclusions of 25 November 2003 adopted
in respect of the French Republic and the Federal Republic of
Germany respectively, in so far as they contain a decision to hold
the excessive deficit procedure in abeyance and a decision modi-
fying the recommendations previously adopted by the Council
under Article 104(7) EC;

Registrar: R. Grass, made an order on 8 June 2004, the opera-
tive part of which is as follows:

The provisions of Directive 97/13/EC of the European Parliament
and of the Council of 10 April 1997 on a common framework for
general authorisations and individual licences in the field of telecom-
munications services, and in particular Article 11 thereof, prohibit
Member States from requiring undertakings which hold individual
licences in the area of
telecommunications services, solely on the
ground that they hold such licences, to pay charges such as those at
issue in the main proceedings which are different from, and additional
to, those authorised by that directive.

3. Orders the parties to bear their own costs.

(1) OJ C 35 of 7.2.2004.

(1) OJ C 219 of 14.9.2002.

ORDER OF THE COURT

(Fifth Chamber)

of 8 June 2004

ORDER OF THE COURT

(Fifth Chamber)

of 28 June 2004

in Case C-445/02 P: Glaverbel SA v OHIM (1)

in Joined Cases C-250/02 to C-253/02 and C-256/02 (refer-
ence for a preliminary ruling from the Tribunale amminis-
trativo regionale del Lazio): Telecom Italia Mobile SpA v
Ministero dell'Economia e delle Finanze (1)

(Appeal — Regulation (EC) No 40/94 — Community trade
mark — Design applied to the surface of goods — Absolute
ground for refusal — Lack of distinctive character)

(Article 104(3) of the Rules of Procedure — Questions iden-
tical with questions on which the Court has already ruled)

(2004/C 228/33)

(Language of the case: English)

(2004/C 228/32)

(Language of the case: Italian)

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

(Italy)

In Joined Cases C-250/02 to C-253/02 and C-256/02: reference
to the Court under Article 234 EC from the Tribunale ammi-
nistrativo regionale del Lazio (Regional Administrative Court,
Lazio)
for a preliminary ruling in the proceedings
pending before that court between Telecom Italia Mobile SpA
(C-250/02), Blu SpA (C-251/02), Telecom Italia SpA (C-252/
02), Vodafone Omnitel SpA, formerly Omnitel Pronto Italia
SpA (C-253/02), WIND Telecomunicazioni SpA (C-256/02)
and Ministero dell'Economia e delle Finanze, Ministero delle
Comunicazioni, other parties to the procedure being Albacom
SpA (C-251/02) and Telemar SpA (C-252/02), on the interpre-
tation of Directive 97/13/EC of the European Parliament and of
the Council of 10 April 1997 on a common framework for
general authorisations and individual
licences in the field of
telecommunications services (OJ 1997 L 117, p. 15), the Court
of Justice (Fifth Chamber), composed of C. Gulmann, President
of the Chamber, S. von Bahr (Rapporteur) and R. Silva de
Lapuerta, Judges; Advocate General: D. Ruiz-Jarabo Colomer;

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

In Case C-445/02 P: Glaverbel SA, established in Brussels
(Belgium), (Lawyer: S. Möbus) — appeal against the judgment
of the Court of First Instance of the European Communities
(Second Chamber) of 9 October 2002 in Case T-36/01
Glaverbel v OHIM (glass-sheet surface) [2002] ECR II-3887,
seeking to have that judgment set aside in so far as the Court
of First Instance held that the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) did not infringe Article 7(1)(b) of Council Regu-
lation (EC) No 40/94 of 20 December 1993 on the Community
trade mark (OJ 1994 L 11, p. 1) by adopting its decision of 30
November 2000 refusing to register a design applied to the
surface of glass products as a Community trade mark (Case R
137/2000-1), the other party to the proceedings being: Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: G. Schneider and R. Thewlis), defen-
dant at first instance — the Court (Fifth Chamber), composed
of C. Gulmann (Rapporteur), President of the Chamber, R. Silva
de Lapuerta and J. Makarczyk, Judges; F.G. Jacobs, Advocate
General; R. Grass, Registrar, made an order on 28 June 2004,
the operative part of which is as follows:

C 228/18

EN

Official Journal of the European Union

11.9.2004

1. The appeal is dismissed.

2. Glaverbel SA shall pay the costs.

(1) OJ C 31 of 8.2.2003.

ORDER OF THE COURT

(Second Chamber)

of 8 June 2004

in Case C-268/03 (reference for a preliminary ruling from
the Rechtbank van eerste aanleg, Antwerp): Jean-Claude
De Baeck v Belgische Staat (1)

(Article 104(3) of the Rules of Procedure — Fiscal legislation
— Taxation on income of natural persons — Assignment of
a major holding in the capital of a resident company —
Detailed rules governing charge to tax on resultant gain)

(2004/C 228/34)

(Language of the case: Dutch)

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

In Case C-268/03: reference to the Court under Article 234 EC
by the Rechtbank van eerste aanleg, Antwerp (Belgium) for a
preliminary ruling in the proceedings pending before that court
between Jean-Claude De Baeck and Belgische Staat — on the
interpretation of Articles 43 EC, 46 EC, 48 EC, 56 EC and 58
(Second Chamber), composed of: C.W.A.
CE — the Court
the Chamber, C.
Timmermans
Gulmann,
J.N. Cunha Rodrigues and N.
Colneric, Judges; F.G. Jacobs, Advocate General; R. Grass, Regis-
trar, has made an order on 8 June 2004, the operative part of
which is as follows:

(Rapporteur), President of

J.-P. Puissochet,

1. Articles 43 EC and 48 EC preclude national legislation, such as
Articles 67(8) and 67 ter of the Belgian income tax code, in the
version in force at the material time for the purposes of the main
proceedings, pursuant to which gains secured on the assignment
for valuable consideration, otherwise than in the exercise of a busi-
ness activity, of shares or stock in companies, associations, estab-
lishments or bodies, attract a charge to tax where the transfer is
made to companies, associations, establishments or bodies estab-
in the same circum-
lished in another Member State, whereas,
stances, those gains are not chargeable to tax where that transfer
is made to Belgian companies, associations, establishments or
bodies, provided that the shareholding transferred gives its holder

definite influence over the company's decisions and allows him to
determine its activities.

2. Article 56 EC precludes national

that
mentioned above, where the shareholding transferred does not give
its holder definite influence over the company's decisions or allow
him to determine its activities.

legislation,

such as

(1) OJ C 289 of 29.11.2003.

ORDER OF THE COURT

(First Chamber)

of 27 May 2004

in Case C-517/03: IAMA Consulting Srl v Commission of
the European Communities (1)

(Arbitration clause — Action before the Court of First
Instance — Counterclaim — Jurisdiction of the Court of
Justice)

(2004/C 228/35)

(Language of the case: Italian)

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

In Case C-517/03: IAMA Consulting Srl, established in Milan
(Italy) (lawyer: V. Salvatore) v Commission of the European
Communities (Agent: E. de March, assisted by A. Dal Ferro) —
Counterclaim submitted by the Commission of the European
Communities to the Court of First Instance of the European
Communities seeking repayment of financial assistance paid in
the context of the REGIS 22337 and Refiag 23200 projects,
the Court (First Chamber), composed of P. Jann, President of
the Chamber, J. N. Cunha Rodrigues, K. Schiemann (Rappor-
teur), M. Ilešic et E. Levits, Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, made an Order on 27 May 2004,
the operative part of which is as follows:

(1) The case is referred back to the Court of First Instance of the

European Communities.

(2) The costs are reserved.

(1) OJ C 47 of 21.2.2004.