do-me/EUR-LEX huggingface dataset:
Removal from the Register of Case T-264/99
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: European Commission, Germany, Netherlands, State aid, action for annulment (EU), distributive trades, frontier region, motor fuel

C 239/28

EN

Official Journal of the European Union

25.9.2004

Removal from the Register of Case T-263/99 (1)

(2004/C 239/60)

(Language of the case: Dutch)

European Communities has ordered the removal
from the
Register of Case T-280/99, Van Gelder Aardolie B.V., supported
by the Kingdom of the Netherlands v Commission of the Euro-
pean Communities.

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities has ordered the removal
from the
Register of Case T-263/99, Autobedrijf Chr. Kerres B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 47, 19.2.2000.

(1) OJ C 6, 8.1.2000.

Removal from the Register of Case T-264/99 (1)

(2004/C 239/61)

(Language of the case: Dutch)

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities has ordered the removal
from the
Register of Case T-264/99, Demarol B.V., supported by the
Kingdom of the Netherlands v Commission of the European
Communities.

(1) OJ C 34, 5.2.2000.

Removal from the Register of Case T-280/99 (1)

(2004/C 239/62)

(Language of the case: Dutch)

Removal from the Register of Case T-284/99 (1)

(2004/C 239/63)

(Language of the case: Dutch)

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities has ordered the removal
from the
Register of Case T-284/99, Vlutters Kapitein B.V., supported by
the Kingdom of the Netherlands v Commission of the European
Communities.

(1) OJ C 47, 19.2.2000.

Removal from the Register of Case T-325/03 (1)

(2004/C 239/64)

(Language of the case: German)

By order of 6 May 2004, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-325/03, E-Sim
Ltd v Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM).

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the

(1) OJ C 289, 29.11.2003.
List of COM documents other than legislative proposals adopted by the Commission from 1.6.2004 to 30.6.2004
Date: 2004-09-25
Institutions: European Commission
Subjects: EU publication, European Commission

25.9.2004

EN

Official Journal of the European Union

C 238/19

LIST OF COM DOCUMENTS OTHER THAN LEGISLATIVE PROPOSALS ADOPTED BY THE
COMMISSION FROM 1.6.2004 TO 30.6.2004 (1)

(2004/C 238/05)

Document

Part

Date of adoption

Title

COM(2004) 353

16.6.2004

Communication from the Commission: Science and technology, the key to Europe's
future — Guidelines for future European Union policy to support research

COM(2004) 401

2.6.2004

Communication from the Commission to the Council and the European Parliament: Area
of Freedom, Security and Justice: Assessment of the Tampere programme and future
operations

COM(2004) 417

9.6.2004

Communication from the Commission to the Council and the European Paarliament:
The European Union and Iraq — A framework for engagement

COM(2004) 432

16.6.2004

Communication from the Commission: The implementation of the framework action
‘Updating and simplifying the Community acquis’

These texts are available on EUR-Lex: http://europa.eu.int/eur-lex

(1) This list is limited to COM documents that fulfil the conditions for publication.
Removal from the register of Case C-534/03
Date: 2004-09-25
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, fishing vessel, harmonisation of standards, maritime safety

C 239/10

EN

Official Journal of the European Union

25.9.2004

Removal from the register of Case C-401/02 (1)

(2004/C 239/18)

the register of Case C-418/03: Commission of the European
Communities v Grand Duchy of Luxembourg.

By order of 2 June 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-401/02: Commission of
the European
Communities v Federal Republic of Germany.

(1) OJ C 275, 15.11.2003.

(1) OJ C 19, 25.1.2003.

Removal from the register of Case C-322/03 (1)

(2004/C 239/19)

By order of 17 May 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-322/03: Commission of the European
Commission v Ireland.

(1) OJ C 213, 6.9.2003.

Removal from the register of Case C-418/03 (1)

(2004/C 239/20)

Removal from the register of Case C-534/03 (1)

(2004/C 239/21)

By order of 11 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-534/03: Commission of the European
Communities v Kingdom of Belgium.

(1) OJ C 59, 6.3.2004.

Removal from the register of Case C-76/04 (1)

(2004/C 239/22)

By order of 11 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-76/04: Commission of the European
Communities v Kingdom of the Netherlands.

By order of 13 July 2004 the President of the Court of Justice
of the European Communities has ordered the removal from

(1) OJ C 94, 17.4.2004.
Removal from the register of Case C-418/03
Date: 2004-09-25
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

C 239/10

EN

Official Journal of the European Union

25.9.2004

Removal from the register of Case C-401/02 (1)

(2004/C 239/18)

the register of Case C-418/03: Commission of the European
Communities v Grand Duchy of Luxembourg.

By order of 2 June 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-401/02: Commission of
the European
Communities v Federal Republic of Germany.

(1) OJ C 275, 15.11.2003.

(1) OJ C 19, 25.1.2003.

Removal from the register of Case C-322/03 (1)

(2004/C 239/19)

By order of 17 May 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-322/03: Commission of the European
Commission v Ireland.

(1) OJ C 213, 6.9.2003.

Removal from the register of Case C-418/03 (1)

(2004/C 239/20)

Removal from the register of Case C-534/03 (1)

(2004/C 239/21)

By order of 11 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-534/03: Commission of the European
Communities v Kingdom of Belgium.

(1) OJ C 59, 6.3.2004.

Removal from the register of Case C-76/04 (1)

(2004/C 239/22)

By order of 11 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-76/04: Commission of the European
Communities v Kingdom of the Netherlands.

By order of 13 July 2004 the President of the Court of Justice
of the European Communities has ordered the removal from

(1) OJ C 94, 17.4.2004.
Removal from the register of Case C-76/04
Date: 2004-09-25
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, approximation of laws, insurance company, judicial cooperation, judicial proceedings, liquidation

C 239/10

EN

Official Journal of the European Union

25.9.2004

Removal from the register of Case C-401/02 (1)

(2004/C 239/18)

the register of Case C-418/03: Commission of the European
Communities v Grand Duchy of Luxembourg.

By order of 2 June 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-401/02: Commission of
the European
Communities v Federal Republic of Germany.

(1) OJ C 275, 15.11.2003.

(1) OJ C 19, 25.1.2003.

Removal from the register of Case C-322/03 (1)

(2004/C 239/19)

By order of 17 May 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-322/03: Commission of the European
Commission v Ireland.

(1) OJ C 213, 6.9.2003.

Removal from the register of Case C-418/03 (1)

(2004/C 239/20)

Removal from the register of Case C-534/03 (1)

(2004/C 239/21)

By order of 11 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-534/03: Commission of the European
Communities v Kingdom of Belgium.

(1) OJ C 59, 6.3.2004.

Removal from the register of Case C-76/04 (1)

(2004/C 239/22)

By order of 11 June 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-76/04: Commission of the European
Communities v Kingdom of the Netherlands.

By order of 13 July 2004 the President of the Court of Justice
of the European Communities has ordered the removal from

(1) OJ C 94, 17.4.2004.
By orders of 8 June 2004, the Court of Justice of the European Communities, pursuant to Article 2 of Council Decision 2004/407/EC, Euratom of 26 April 2004 amending Articles 51 and 54 of the Protocol on the Statute of the Court of Justice, referred the cases listed in the left-hand column of the table below to the Court of First Instance.
Date: 2004-09-25
Institutions: Provisional data
Subjects: Court of Justice of the European Union, General Court (EU), jurisdiction, legal action

25.9.2004

EN

Official Journal of the European Union

C 239/11

COURT OF JUSTICE AND COURT OF FIRST INSTANCE

By orders of 8 June 2004, the Court of Justice of the European Communities, pursuant to Article 2
of Council Decision 2004/407/EC, Euratom of 26 April 2004 amending Articles 51 and 54 of the
Protocol on the Statute of the Court of Justice, (1) referred the cases listed in the left-hand column
of the table below to the Court of First Instance.

(2004/C 239/23)

The cases have been registered at the Court of First Instance under the numbers shown in the right-hand
column below.

Number of case referred
by the Court of Justice

Names of the parties

Notice of registration of the case
published in the Official Journal

OJ

of

Number of registration at
the Court of First Instance

C-197/01

C-325/01

C-368/01

C-407/01

C-290/02

C-314/02

C-280/03

C-388/03

C-401/03

C-430/03

C-455/03

C-464/03

C-492/03

C-60/04

C-102/04

C-103/04

C-162/04

C-175/04

C-176/04

C-189/04

C-211/04

C-218/04

Netherlands v Commission

C 227

11.8.2001

T-216/04

Netherlands v Commission

C 303

27.10.2001

T-217/04

Netherlands v Commission

C 331

24.11.2001

T-218/04

Netherlands v Commission

C 369

22.12.2001

T-227/04

Italy v Commission

C 233

28.9.2002

T-222/04

Netherlands v Commission

C 247

12.10.2002

T-228/04

Commission v Lior and
Others

Netherlands/Commission

Italy v Commission

Italy v Commission

France v Commission

Spain v Commission

Austria v Commission

Italy v Commission

Sweden v Commission

C 213

6.9.2003

T-245/04

C 275

C 304

C 304

C 304

C 7

C 21

C 106

C 106

15.11.2003

T-233/04

13.12.2003

T-223/04

13.12.2003

T-224/04

13.12.2003

T-240/04

10.1.2004

T-219/04

24.1.2004

T-235/04

30.4.2004

T-225/04

30.4.2004

T-229/04

Netherlands v Commission

C 94

17.4.2004

T-234/04

Finland v Commission

Spain v Commission

Belgium v Commission

Greece v Commission

Italy v Commission

Greece v Commission

C 146

C 146

C 118

C 179

C 179

C 179

29.5.2004

T-230/04

29.5.2004

T-220/04

30.4.2004

T-221/04

10.7.2004

T-231/04

10.7.2004

T-226/04

10.7.2004

T-232/04

(1) OJ L 132 of 29.4.2004.
Corrigendum to Commission Decision 2004/344/EC of 23 March 2004 fixing the allocation of performance reserve by Member States for Community Structural Funds assistance under Objectives 1, 2 and 3 and the Financial Instrument for Fisheries Guidance outside Objective 1 (OJ L 111, 17.4.2004)
Date: 2004-09-25
Institutions: European Commission
Subjects: EU Member State, FIFG, Structural Funds, commitment of expenditure, distribution of aid

L 300/80

EN

Official Journal of the European Union

25.9.2004

CORRIGENDA

Corrigendum to Commission Decision 2004/344/EC of 23 March 2004 fixing the allocation of performance
reserve by Member States for Community Structural Funds assistance under Objectives 1, 2 and 3 and the
Financial Instrument for Fisheries Guidance outside Objective 1

(Official Journal of the European Union L 111 of 17 April 2004)

On page 45, in Annex 1, the table relating to Germany is replaced by the following:

CCI No

Objective 1

Objective 1

Objective 1
transitional

Total

1999DE161PO006

Programme for Saxony

212 000 000

0

212 000 000

‘Germany (3)

1. Promotion of business competitiveness,

especially for SMEs

2.

Infrastructural measures

3. Protection and improvement of

the

environment

4. Promotion of human resources and

equal opportunities

5. Promotion of rural development

6. Technical Assistance

45 420 000

96 580 000

70 000 000

0

0

0

2000DE161PO001

Transport
Programme

infrastructure Objective

1

69 000 000

0

69 000 000

1. Railway infrastructure

2. Road infrastructure

3. Waterway infrastructure

4. Telematics and inter-modal transport

5. Technical Assistance

0

69 000 000

0

0

0

2000DE051PO007

Bund OP ESF

70 000 000

2 567 000

72 567 000

1. Active and preventive labour market

policies

2. Society without exclusion

3. Vocational and general education, LLL

(structures and systems)

4. Adaptability and entrepreneurship

36 067 902

26 991 142

0

0

5. Equal

opportunities

for men

and

9 507 956

women

6. Local social capital

7. Technical assistance

0

0’
Administrative commission on social security for migrant workers
Date: 2004-09-25
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: migrant worker, social security, social-security benefit

25.9.2004

EN

Official Journal of the European Union

C 238/3

ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS

(2004/C 238/03)

The annual average costs do not take into account the reduction of 20 % provided for in Articles 94(2)
and 95(2) of Council Regulation (EEC) No 574/72.

The net monthly average costs have been reduced by 20 %.

AVERAGE COSTS OF BENEFITS IN KIND — 2001 (1)

I. Application of Article 94 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to the benefits in kind provided in 2001 to members of the
family as referred to in Article 19(2) of Council Regulation (EEC) No 1408/71 will be determined on
the basis of the following average costs:

United Kingdom

Italy

Annual

Net monthly

GBP 1 525,84

GBP 101,72

ITL 3 627 404

ITL 241 827

EUR 124,89

II. Application of Article 95 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to benefits in kind provided in 2001 under Articles 28 and
28a of Regulation (EEC) No 1408/71 will be determined on the basis of the following average costs:

United Kingdom

— per family

— per capita

Italy

— per family

— per capita

Annual

Net monthly

GBP 2 726,65

GBP 181,78

GBP 2 154,70

GBP 143,65

ITL 6 639 111

ITL 442 607

EUR 228,59

ITL 4 311 111

ITL 287 407

EUR 148,43

AVERAGE COSTS OF BENEFITS IN KIND — 2002 (2)

I. Application of Article 94 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to the benefits in kind provided in 2002 to members of the
family as referred to in Article 19(2) of Regulation (EEC) No 1408/71 will be determined on the basis
of the following average costs:

Spain

Netherlands

Annual

Net monthly

EUR 497,15

EUR 1 524,81

EUR 33,14

EUR 101,65

(1) Average costs 2001:

Spain and Austria (OJ C 3, 8.1.2003);
Sweden (OJ C 163, 12.7.2003);
Belgium, Germany, Greece, France, Luxembourg, the Netherlands and Portugal (OJ C 37, 11.2.2004).

(2) Average costs 2002:

Luxembourg and Austria (OJ C 37, 11.2.2004).

C 238/4

EN

Official Journal of the European Union

25.9.2004

II. Application of Article 95 of Regulation (EEC) No 574/72

The amounts to be refunded with regard to benefits in kind provided in 2002 under Articles 28 and
28a of Regulation (EEC) No 1408/71 will be determined on the basis of the following average costs
(only per capita from 2002):

Spain

— per capita

Netherlands

Annual

Net monthly

EUR 2 416,73

EUR 161,12

— pensioners younger than 65 years of age

— pensioners aged 65 and over

EUR 1 524,81

EUR 7 930,36

EUR 101,65

EUR 528,69
Case T-150/04: Action brought on 23 April 2004 by Mühlens GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, cosmetic product, trade-mark law

25.9.2004

EN

Official Journal of the European Union

C 239/25

Action brought on 23 April 2004 by Mühlens GmbH &
the Office for Harmonisation in the
Co. KG against

Internal Market (Trade Marks and Designs)

Decision of the Board
of Appeal:

Applicant's appeal dismissed

(Case T-150/04)

(2004/C 239/55)

Pleas in law:

— The opposition based on the well-
known mark ‘TOSCA’
is well
founded under Article 8(1)(b) of
Regulation No 40/94.

— There is a likelihood of confusion
between the opposing names.

— The opposing goods are similar.

— There is a likelihood of confusion
within the meaning of Article
8(1)(b) of Regulation (EC) No
40/94.

— The opposition is entitled to

(Language of the case to be determined pursuant to Article 131(2) of
the Rules of Procedure — language in which the application was
submitted: German)

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 23
April 2004 by Mühlens GmbH & Co. KG, Cologne (Germany)
represented by T. Schulte-Beckhausen, lawyer.

Minoronzoni S.r.l., Ponte San Pietro (Bergamo), (Italy), was also
a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the

defendant of 18 February 2004 (Case R 949/2001-1);

— order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for Com-

Minoronzoni S.r.l.

Community
mark sought:

trade

Proprietor of mark or
the
cited
sign
in
opposition
proceed-
ings:

Mark or sign cited in
opposition.

Figurative mark ‘TOSCA BLU’
for
goods in Classes 18 and 25 (including
bags;
bags;
clothing for men, women and children
in general) – Application No 1 008
291

handbags;

travelling

The applicant

German word mark ‘TOSCA’
perfumery
‘Parfum’,
Parfum pour femmes’)

for
(including
‘Eau de Toilette’ and ‘Eau de

products

Action brought on 7 June 2004 by Dominique Hardy
the European Union and the
against

the Council of
Commission of the European Communities

(Case T-208/04)

(2004/C 239/56)

(Language of the case: French)

An action against the Council of the European Union and the
Commission of the European Communities was brought before
the Court of First Instance of the European Communities on 7
June 2004 by Dominique Hardy, whose place of business is in
Coudeville-plage (France), represented by Jean-François Péri-
caud, lawyer.

The applicant claims that the Court should:

Decision of the Oppo-
sition Division:

Opposition rejected

hold that the European Community has become liable to her
by the adoption, and then application, to the detriment of
ship's agents (agents maritimes), of Article 5 of the Community
Customs Code in an unlawful manner;
Removal from the Register of Case T-280/99
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: European Commission, Germany, Netherlands, State aid, action for annulment (EU), distributive trades, frontier region, motor fuel

C 239/28

EN

Official Journal of the European Union

25.9.2004

Removal from the Register of Case T-263/99 (1)

(2004/C 239/60)

(Language of the case: Dutch)

European Communities has ordered the removal
from the
Register of Case T-280/99, Van Gelder Aardolie B.V., supported
by the Kingdom of the Netherlands v Commission of the Euro-
pean Communities.

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities has ordered the removal
from the
Register of Case T-263/99, Autobedrijf Chr. Kerres B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 47, 19.2.2000.

(1) OJ C 6, 8.1.2000.

Removal from the Register of Case T-264/99 (1)

(2004/C 239/61)

(Language of the case: Dutch)

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities has ordered the removal
from the
Register of Case T-264/99, Demarol B.V., supported by the
Kingdom of the Netherlands v Commission of the European
Communities.

(1) OJ C 34, 5.2.2000.

Removal from the Register of Case T-280/99 (1)

(2004/C 239/62)

(Language of the case: Dutch)

Removal from the Register of Case T-284/99 (1)

(2004/C 239/63)

(Language of the case: Dutch)

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities has ordered the removal
from the
Register of Case T-284/99, Vlutters Kapitein B.V., supported by
the Kingdom of the Netherlands v Commission of the European
Communities.

(1) OJ C 47, 19.2.2000.

Removal from the Register of Case T-325/03 (1)

(2004/C 239/64)

(Language of the case: German)

By order of 6 May 2004, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-325/03, E-Sim
Ltd v Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM).

By order of 4 May 2004, the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the

(1) OJ C 289, 29.11.2003.