Order of the Court (Fifth Chamber) of 8 June 2004 in Joined Cases C-250/02 to C-253/02 and C-256/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio): Telecom Italia Mobile SpA v Ministero dell'Economia e delle Finanze (Article 104(3) of the Rules of Procedure — Questions identical with questions on which the Court has already ruled)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: freedom to provide services, interpretation of the law, radio telecommunications, right of establishment, tax system, telecommunications, transmission network

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: