do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-67/03
Date: 2005-01-08
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, chemical product, national implementing measure, occupational health, occupational safety, safety standard

C 6/32

EN

Official Journal of the European Union

8.1.2005

Action brought on 12 November 2004 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-476/04)

(2005/C 6/59)

(Language of the case: Greek)

Justice of

An action against the Hellenic Republic was brought before the
Court of
the European Communities on 12
November 2004 by the Commission of the European Commu-
nities, represented by Maria Kondou Durande and Carmel
O'Reilly, of the Commission's Legal Service.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/55/EC (1) of 20 July 2001 on minimum
standards for giving temporary protection in the event of a
mass
and on measures
promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences
thereof or, in any event, by failing to inform the Commis-
sion of such measures, the Hellenic Republic has failed to
fulfil its obligations under Article 32 of that directive.

influx of displaced persons

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 31 December 2002.

transposing the directive into

Removal from the register of Case C-93/04 (1)

(2005/C 6/61)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-93/04: Commission of
the European
Communities v Italian Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-117/04 (1)

(2005/C 6/62)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-117/04: Commission of
the European
Communities v Italian Republic.

(1) OJ L 212 of 7.8.2001, p. 12.

(1) OJ C 106 of 30.4.2004.

Removal from the register of Case C-67/03 (1)

(2005/C 6/60)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-67/03: Commission of
the European
Communities v Italian Republic.

(1) OJ C 83 of 5.4.2003.

Removal from the register of Case C-118/04 (1)

(2005/C 6/63)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-118/04: Commission of
Communities v Italian Republic.

(1) OJ C 106 of 30.4.2004.
Order of the Court (Fourth Chamber) of 22 June 2004 in Case C-151/03 P: Karl L. Meyer against the Commission of the European Communities (Appeal — Action for damages — Compensation for losses suffered due to maladministration by the Commission — Application of the decisions relating to the association of the OCTs)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: Council of the European Union, EU control, European Commission, French Polynesia, General Court (EU), action for annulment (EU), aid system, farmer

8.1.2005

EN

Official Journal of the European Union

C 6/21

ORDER OF THE COURT

ORDER OF THE COURT

(Fourth Chamber)

of 22 June 2004

(Sixth Chamber)

of 5 October 2004

in Case C-151/03 P: Karl L. Meyer against the Commission
of the European Communities (1)

in Case C-192/03 P: Alcon Inc. against the Office for
Harmonization in the Internal Market (Trade Marks and
Designs) (OHIM), Dr Robert Winzer Pharma GmbH (1)

(Appeal — Action for damages — Compensation for losses
suffered due to maladministration by the Commission —
Application of the decisions relating to the association of the
OCTs)

(Appeal — Community mark — Regulation (EC) No 40/94
— Nullity of the Community mark — Article 51 of Regu-
lation No 40/94 — Absolute grounds for refusal of registra-
tion — Article 7(1)(d) of Regulation No 40/94 — Distinctive
character acquired through use — Article 7(3) of Regulation
No 40/94 — Word mark ‘BSS’)

(2005/C 6/40)

(Language of the case: French)

(2005/C 6/41)

(Language of the case: English)

In Case C-151/03P: Karl L. Meyer, residing at Uturoa (Island of
Raiatea, French Polynesia) (lawyer: J.-D. des Arcis) the other
party to the proceedings being the Commission of the Euro-
pean Communities (Agents: M.-J. Jonczy and M.B. Martenczuk)
– appeal against the judgment of the Court of First Instance of
the European Communities (Third Chamber) of 13 February
2003 in Case T-333/01 Meyer v Commission [2003] ECR II-
117, asking for that judgment to be set aside – the Court
(Fourth Chamber), composed of J. N. Cunha-Rodrigues, Presi-
dent of the Chamber, N. Colneric (Rapporteur) and K. Schie-
mann,
Judges; Advocate General: A. Tizzano, Registrar: R.
Grass, has given an order on 22 June 2004, in which it:

In Case C-192/03P: Alcon Inc., formerly Alcon Universal Ltd,
established in Hünenberg (Switzerland) (lawyers: C. Morcom,
QC, and S. Clark), the other parties to the proceedings being
the Office for Harmonization in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: S. Laitinen and A. Sesma
Merino) and Dr Robert Winzer Pharma GmbH, established in
Olching (Germany) (lawyer: S. Schneller) – appeal under Article
56 of the Statute of the Court of Justice, brought on 2 May
2003 – the Court (Sixth Chamber), composed of J.-P. Puisso-
chet (Rapporteur), President of the Chamber, F. Macken and U.
Lõhmus, Judges; Advocate General: M. Poiares Maduro, Regis-
trar: R. Grass, has given an order on 5 October 2004, in which
it:

1) Dismisses the action;

1) Dismisses the action;

2) Orders Mr Meyer to pay the costs.

2) Orders Alcon Inc. to pay the costs.

(1) OJ C 112 of 10.5.2003.

(1) OJ C 158 of 5.7.2003.
Removal from the register of Case C-118/04
Date: 2005-01-08
Institutions: Court of Justice
Subjects: European standard, Italy, action for failure to fulfil an obligation, health legislation, national implementing measure, protection of animals, swine, veterinary legislation

C 6/32

EN

Official Journal of the European Union

8.1.2005

Action brought on 12 November 2004 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-476/04)

(2005/C 6/59)

(Language of the case: Greek)

Justice of

An action against the Hellenic Republic was brought before the
Court of
the European Communities on 12
November 2004 by the Commission of the European Commu-
nities, represented by Maria Kondou Durande and Carmel
O'Reilly, of the Commission's Legal Service.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/55/EC (1) of 20 July 2001 on minimum
standards for giving temporary protection in the event of a
mass
and on measures
promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences
thereof or, in any event, by failing to inform the Commis-
sion of such measures, the Hellenic Republic has failed to
fulfil its obligations under Article 32 of that directive.

influx of displaced persons

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 31 December 2002.

transposing the directive into

Removal from the register of Case C-93/04 (1)

(2005/C 6/61)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-93/04: Commission of
the European
Communities v Italian Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-117/04 (1)

(2005/C 6/62)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-117/04: Commission of
the European
Communities v Italian Republic.

(1) OJ L 212 of 7.8.2001, p. 12.

(1) OJ C 106 of 30.4.2004.

Removal from the register of Case C-67/03 (1)

(2005/C 6/60)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-67/03: Commission of
the European
Communities v Italian Republic.

(1) OJ C 83 of 5.4.2003.

Removal from the register of Case C-118/04 (1)

(2005/C 6/63)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-118/04: Commission of
Communities v Italian Republic.

(1) OJ C 106 of 30.4.2004.
Removal from the register of Case C-117/04
Date: 2005-01-08
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, fattening, health legislation, intensive livestock farming, protection of animals, swine, veterinary legislation

C 6/32

EN

Official Journal of the European Union

8.1.2005

Action brought on 12 November 2004 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-476/04)

(2005/C 6/59)

(Language of the case: Greek)

Justice of

An action against the Hellenic Republic was brought before the
Court of
the European Communities on 12
November 2004 by the Commission of the European Commu-
nities, represented by Maria Kondou Durande and Carmel
O'Reilly, of the Commission's Legal Service.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/55/EC (1) of 20 July 2001 on minimum
standards for giving temporary protection in the event of a
mass
and on measures
promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences
thereof or, in any event, by failing to inform the Commis-
sion of such measures, the Hellenic Republic has failed to
fulfil its obligations under Article 32 of that directive.

influx of displaced persons

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 31 December 2002.

transposing the directive into

Removal from the register of Case C-93/04 (1)

(2005/C 6/61)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-93/04: Commission of
the European
Communities v Italian Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-117/04 (1)

(2005/C 6/62)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-117/04: Commission of
the European
Communities v Italian Republic.

(1) OJ L 212 of 7.8.2001, p. 12.

(1) OJ C 106 of 30.4.2004.

Removal from the register of Case C-67/03 (1)

(2005/C 6/60)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-67/03: Commission of
the European
Communities v Italian Republic.

(1) OJ C 83 of 5.4.2003.

Removal from the register of Case C-118/04 (1)

(2005/C 6/63)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-118/04: Commission of
Communities v Italian Republic.

(1) OJ C 106 of 30.4.2004.
Case C-476/04: Action brought on 12 November 2004 by the Commission of the European Communities against the Hellenic Republic
Date: 2005-01-08
Institutions: Court of Justice
Subjects: EU Member State, EU aid, European Commission, Greece, State aid, action for failure to fulfil an obligation, aid to refugees, human rights, rights of aliens

C 6/32

EN

Official Journal of the European Union

8.1.2005

Action brought on 12 November 2004 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-476/04)

(2005/C 6/59)

(Language of the case: Greek)

Justice of

An action against the Hellenic Republic was brought before the
Court of
the European Communities on 12
November 2004 by the Commission of the European Commu-
nities, represented by Maria Kondou Durande and Carmel
O'Reilly, of the Commission's Legal Service.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/55/EC (1) of 20 July 2001 on minimum
standards for giving temporary protection in the event of a
mass
and on measures
promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences
thereof or, in any event, by failing to inform the Commis-
sion of such measures, the Hellenic Republic has failed to
fulfil its obligations under Article 32 of that directive.

influx of displaced persons

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 31 December 2002.

transposing the directive into

Removal from the register of Case C-93/04 (1)

(2005/C 6/61)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-93/04: Commission of
the European
Communities v Italian Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-117/04 (1)

(2005/C 6/62)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-117/04: Commission of
the European
Communities v Italian Republic.

(1) OJ L 212 of 7.8.2001, p. 12.

(1) OJ C 106 of 30.4.2004.

Removal from the register of Case C-67/03 (1)

(2005/C 6/60)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-67/03: Commission of
the European
Communities v Italian Republic.

(1) OJ C 83 of 5.4.2003.

Removal from the register of Case C-118/04 (1)

(2005/C 6/63)

(Language of the case: Italian)

By order of 6 July 2004 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-118/04: Commission of
Communities v Italian Republic.

(1) OJ C 106 of 30.4.2004.
Corrigendum to Commission Directive 2003/32/EC of 23 April 2003 introducing detailed specifications as regards the requirements laid down in Council Directive 93/42/EEC with respect to medical devices utilising tissues of animal origin (OJ L 105, 26.4.2003)
Date: 2005-01-08
Institutions: European Commission
Subjects: bovine spongiform encephalopathy, health policy, material of animal origin, medicinal product, pharmaceutical legislation, pharmaceutical product, public health

L 6/10

EN

Official Journal of the European Union

8.1.2005

CORRIGENDA

Corrigendum to Commission Directive 2003/32/EC of 23 April 2003 introducing detailed specifications as
regards the requirements laid down in Council Directive 93/42/EEC with respect to medical devices utilising
tissues of animal origin

(Official Journal of the European Union L 105 of 26 April 2003)

On page 20, Article 5(4), first paragraph:

for:

‘… the tissues or the derivatives intended to be incorporated in the medical device …’,

read:

‘… the tissues or the derivatives intended to be utilised in the medical device …’.
Euro exchange rates
Date: 2005-01-08
Institutions: European Commission
Subjects: euro, exchange rate

8.1.2005

EN

Official Journal of the European Union

C 5/1

I

(Information)

COMMISSION

Euro exchange rates (1)

7 January 2005

(2005/C 5/01)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

1,3200

LVL

Latvian lats

138,06

MTL Maltese lira

7,4399

0,70280

9,0298

1,5488

83,36

8,2210

1,9558

0,58070

PLN

ROL

SIT

SKK

TRY

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

30,303

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

248,58

KRW South Korean won

3,4528

ZAR

South African rand

0,6968

0,4329

4,0912

39 003

239,7700

38,608

1,8250

1,7301

1,6226

10,2822

1,8811

2,1721

1 387,58

8,0036

(1) Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.3637 — Total/Sasol/JV)Text with EEA relevance
Date: 2005-01-08
Institutions: European Commission
Subjects: economic concentration, merger control, petrochemicals

C 5/2

EN

Official Journal of the European Union

8.1.2005

Prior notification of a concentration

(Case COMP/M.3637 — Total/Sasol/JV)

(2005/C 5/02)

(Text with EEA relevance)

1.
On 23 December 2004, the Commission received a notification of a proposed concentration
pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Total France
SA, belonging to the Total Group (‘Total’, France), and Sasol Wax International AG (‘Sasol Wax’, Germany),
belonging to the Sasol Group (‘Sasol’, South Africa), acquire within the meaning of Article 3(1)(b) of the
Council Regulation joint control of the undertaking Sasol Wax GmbH (‘JV’, Germany ) by way of purchase
of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Total: exploration, production, refining and marketing of petroleum products and

production of basic and specialty chemicals,

— for undertaking Sasol: production and marketing of liquid fuels, pipeline gas, waxes, chemicals and

marketing of coal,

— for undertaking JV: production and marketing of petroleum-based waxes and bitumen additives.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3637 — Total/Sasol/JV, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel.

(1) OJ L 24, 29.1.2004, p. 1.
Commission communication in the framework of the implementation of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, as amended by Directive 2003/44/ECText with EEA relevance
Date: 2005-01-08
Institutions: European Commission
Subjects: European standard, harmonisation of standards, pleasure craft

8.1.2005

EN

Official Journal of the European Union

C 5/3

Commission communication in the framework of the implementation of Directive 94/25/EC of the
European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regula-
tions and administrative provisions of the Member States relating to recreational craft, as amended
by Directive 2003/44/EC

(2005/C 5/03)

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

Reference and title of the harmonised standard
(and reference document)

Reference of superseded
standard

Date of cessation of
presumption of conformity
of superseded standard
Note 1

EN ISO 7840:2004
Small
craft
7840:2004)

-

Fire-resistant

fuel hoses

(ISO

EN ISO 7840:1995

31.8.2004

EN ISO 8847:2004
Small craft - Steering gear - Cable and pulley
systems (ISO 8847:2004)

EN ISO 8849:2003
Small craft - Electrically operated direct-current
bilge-pumps (ISO 8849:2003)

EN 28847: 1989

30.11.2004

EN 28849:1993

30.4.2004

ESO
(1)

CEN

CEN

CEN

CEN

EN ISO 13590:2003
Small craft - Personal watercraft - Construction
and
(ISO
13590:2003)

system installation

requirements

CEN

EN ISO 14945:2004
Small craft - Builder's plate (ISO 14945:2004)

—

—

—

—

(1) ESO: European Standardisation Organisation:

— CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be)
— CENELEC: rue de Stassart 35, B-1050 Brussels, Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org)
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, Tel. (33) 492 94 42 00; fax (33) 493 65 47 16, (http://www.etsi.org)

Note 1: Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’), set by the European Standar-
disation Organisation, but attention of users of these standards is drawn to the fact that in certain exceptional cases this can be
otherwise.

NOTE:

— Any information concerning the availability of the standards can be obtained either from the European
Standardisation Organisations or from the national standardisation bodies of which the list is annexed
to the Directive 98/34/EC (1) of the European Parliament and Council amended by the Directive
98/48/EC (2).

— Publication of the references in the Official Journal of the European Union does not imply that the stan-

dards are available in all the Community languages.

— More information about harmonised standards on the Internet at

http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/

(1) OJ L 204, 21.7.1998, p. 37.
(2) OJ L 217, 5.8.1998, p. 18.