Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-249/02: Portuguese Republic v Commission of the European Communities (Agriculture — Common agricultural policy — Financing by the EAGGF — Actual expenditure of a Member State which is less than the forecast expenditure notified by it to the Commission — Power of the Commission to reduce sums paid as advances — Letter from a Director-General of the Commission informing the Member State of that reduction — Act having binding legal effects)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, EU competence, Portugal, action for annulment (EU), agricultural expenditure, legality

C 6/6

EN

Official Journal of the European Union

8.1.2005

3. A trade name which is not registered or established by use in the
Member State in which the trade mark is registered and in which
protection against the trade name in question is sought may be
regarded as an existing prior right within the meaning of the third
sentence of Article 16(1) of
the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPs Agreement) if the
proprietor of
falling within the
substantive and temporal scope of that agreement which arose
prior to the trade mark with which it is alleged to conflict and
which entitles him to use a sign identical or similar to that trade
mark.

the trade name has a right

1. Annuls the decision contained in the letter of the Director-General
of the Directorate-General for Agriculture of the Commission of
the European Communities of 18 April 2002 concerning a reduc-
tion in advances extended in the 2002 financial year in accord-
ance with Article 39(3) of Commission Regulation (EC) No
1750/1999 of 23 July 1999 laying down detailed rules for the
application of Council Regulation (EC) No 1257/1999 on
support
from the European Agricultural
recently
Guidance and Guarantee Fund (EAGGF), as most
amended by Commission Regulation (EC) No 1763/2001 of 6
September 2001;

for rural development

(1) OJ C 219 of 14.9.2002.

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 219 of 14.9.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 11 November 2004

in Case C-249/02: Portuguese Republic v Commission of
the European Communities (1)

(Agriculture — Common agricultural policy — Financing by
the EAGGF — Actual expenditure of a Member State which
is less than the forecast expenditure notified by it to the
Commission — Power of the Commission to reduce sums
paid as advances — Letter from a Director-General of the
Commission informing the Member State of that reduction
— Act having binding legal effects)

(2005/C 6/09)

(Language of the case: Portuguese)

JUDGMENT OF THE COURT

(First Chamber)

of 18 November 2004

in Case C-284/02 (reference for a preliminary ruling from
the Bundesarbeitsgericht): Land Brandenburg v Ursula
Sass (1)

(Social policy — Male and female workers — Article 141 EC
— Equal pay — Directive 76/207/EEC — Equal treatment
— Maternity leave — Passage to a higher salary grade —
Failure to take account of the whole of a period of maternity
leave taken under the legislation of the former German
Democratic Republic)

(2005/C 6/10)

(Language of the case: German)

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

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

In Case C-249/02: action for annulment under Article 230 EC,
brought on 1 July 2002, between Portuguese Republic (Agent:
L. Fernandes, assisted by C. Botelho Moniz and E. Maia Cadete)
and Commission of
the European Communities (Agent: L.
Visaggio, assisted by N. Castro Marques) — the Court (Second
Chamber), composed of: C.W.A. Timmermans, President of the
Chamber,
(Rapporteur),
J.-P.
R. Schintgen and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; M. Múgica Arzamendi, Principal
Administrator, for the Registrar, has given a judgment on 11
November 2004, in which it:

C. Gulmann,

Puissochet

In Case C-284/02: reference for a preliminary ruling under
Article 234 EC from the Bundesarbeitsgericht (Germany), made
by decision of 21 March 2002, received at the Court on 2
August 2002, in the proceedings between Land Brandenburg
and Ursula Sass — the Court (First Chamber), composed of: P.
Jann, President of the Chamber, A. Rosas, (Rapporteur), R. Silva
de Lapuerta, K. Lenaerts and S. von Bahr, Judges; L. A. Geel-
hoed, Advocate General; F. Contet, Principal Administrator, for
the Registrar, has given a judgment on 18 November 2004, in
which it has ruled: