do-me/EUR-LEX huggingface dataset:
Case C-516/04: Action brought on 15 December 2004 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2005-02-05
Institutions: Court of Justice
Subjects: Belgium, European Commission, Schengen Agreement, action for failure to fulfil an obligation, carriage of passengers, carrier, foreign national, residence permit, return migration

5.2.2005

EN

Official Journal of the European Union

C 31/17

Action brought on 15 December 2004 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-516/04)

(2005/C 31/34)

(Language of the case: French)

Justice of

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 15
December 2004 by the Commission of the European Commu-
nities, represented by C. O'Reilly and R. Troosters, acting as
Agents, with an address for service in Luxembourg.

1. declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/51/EC of 28 June 2001 supplementing the
provisions of Article 26 of the Convention implementing
the Schengen Agreement of 14 June 1985 (1) and, in any
event, by failing to communicate them to the Commission,
the Kingdom of Belgium has failed to fulfil its obligations
under that directive;

2. order the Kingdom of Belgium to pay the costs

Pleas in law and main arguments

The period for transposition of the Directive into national law
expired on 11 February 2003.

The Commission of the European Communities claims that the
Court should:

(1) OJ L 187, 10.7.2001, p. 45.
Case T-445/04: Action brought on 10 November 2004 by Energy Technologies ET S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-02-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electronic equipment, spare part, thermal equipment, trade-mark law

C 31/26

EN

Official Journal of the European Union

5.2.2005

Action brought on 5 November 2004 by France Télécom
against Commission of the European Communities

November 2004 by Energy Technologies ET S.A., established in
Fribourg (Switzerland), represented by A. Boman, lawyer.

(Case T-444/04)

(2005/C 31/49)

Aparellaje Elèctrico S.L., established in Hospitalet de Llobregat
(Spain), was also a party to the proceedings before the Board of
Appeal.

(Language of the case: French)

The applicant claims that the Court should:

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 5 November 2004 by France
Télécom, established in Paris, represented by NA. Gosset-Grain-
ville and S. Hautbourg, lawyers.

— annul the contested decision of the Fourth Board of Appeal

of 7 July 2004 (Case R 0366/2002-4);

— order the OHIM to pay the applicant's costs relating to this

matter.

The applicant claims that the Court should:

— annul Decision C(2004)3060, delivered by the Commission
on 2 August 2004, concerning the State aid paid by France
to France Télécom;

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Pleas in law and main arguments

Community trade mark
concerned:

The pleas and main arguments put forward by the applicant in
the present case are identical to those put forward by the appli-
cant in Case T-425/04.

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Trade mark or
cited in opposition:

sign

Energy Technologies ET S.A.

Word mark ‘UNEX’ for goods in
classes 7 and 11 (Heat exchangers
being part of machines; Heat
exchangers as well as parts and
fitting therefor) - application No
974881

Aparellaje Eléctrico S.L.

Spanish word mark ‘UNEX’
for
goods in the old Spanish class 6,
17 and 61 (pipes, screws, cabling
and laying of cables and pipes in
electronic
engi-
neering systems;...)

electrical

and

Action brought on 10 November 2004 by Energy Technol-
ogies ET S.A. against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-445/04)

(2005/C 31/50)

Decision of the Opposi-
tion Division:

Rejection of
Community trade mark

the application for

Decision of
of Appeal:

the Board

Dismissal of the appeal

(Language in which the application was lodged: English)

Pleas in law:

Infringement of Article 8(1)(b) of
Regulation No 40/94.

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 10
Lists for the purposes of determining the composition of the formations of the Grand Chamber and the Third and Sixth Chambers as from 19 October 2004
Date: 2005-02-05
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, appointment of staff, member of the Court of Justice (EU)

C 31/2

EN

Official Journal of the European Union

5.2.2005

A new member of the Court takes the oath

(2005/C 31/03)

Mr Ó Caoimh, appointed Judge at the Court of Justice of the
European Communities by decision of the Representatives of
the Governments of
the European
Communities of 22 September 2004, (1) took the oath before
the Court on 13 October 2004.

the Member States of

(1) OJ L 300 of 25.9.2004, p. 42.

Assignment of a new Judge to the Chambers

(2005/C 31/04)

At its meeting on 19 October 2004, the Court of Justice of the
European Communities decided to assign Mr Ó Caoimh to the
Third and Sixth Chambers.

The Third and Sixth Chambers are as a result composed as
indicated below.

Third Chamber

Mr Rosas, President,

Mr Borg Barthet, Mr La Pergola, Mr Puissochet, Mr von Bahr,
Mr Malenovský, Mr Lõhmus and Mr Ó Caoimh, Judges

Sixth Chamber

Mr Borg Barthet, President,

Mr La Pergola, Mr Puissochet, Mr von Bahr, Mr Malenovský,
Mr Lõhmus and Mr Ó Caoimh, Judges

Lists for the purposes of determining the composition of
the formations of the Grand Chamber and the Third and
Sixth Chambers as from 19 October 2004

(2005/C 31/05)

At its meeting on 19 October 2004, the Court drew up the list,
referred to in Article 11b(2) of the Rules of Procedure, for the
the Grand
purposes of determining the composition of
Chamber as follows:

Mr Gulmann

Mr Ó Caoimh

Mr La Pergola

Mr Levits

Mr Puissochet

Mr Lõhmus

Mr Schintgen

Mr Klučka

Ms Colneric

Mr Malenovský

Mr von Bahr

Mr Ilešič

Mr Cunha Rodrigues

Mr Borg Barthet

Ms Silva de Lapuerta

Mr Arestis

Mr Lenaerts

Mr Juhász

Mr Schiemann

Mr Kūris

Mr Makarczyk

At its meeting on 19 October 2004, the Court drew up the list,
referred to in the first subparagraph of Article 11c(2) of the
Rules of Procedure,
the purposes of determining the
composition of the Third Chamber as follows:

for

Mr La Pergola

Mr Ó Caoimh

Mr Puissochet

Mr Lõhmus

Mr von Bahr

Mr Malenovský

Mr Borg Barthet

At its meeting on 19 October 2004, the Court drew up the list,
referred to in the second subparagraph of Article 11c(2) of the
the purposes of determining the
Rules of Procedure,
composition of the Sixth Chamber as follows:

for

Mr La Pergola

Mr Puissochet

Mr von Bahr

Mr Malenovský

Mr Lõhmus

Mr Ó Caoimh
Lists for the purposes of determining the composition of the formations of the Fourth, Fifth and Sixth Chambers as from 12 October 2004
Date: 2005-02-05
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, appointment of staff, member of the Court of Justice (EU)

5.2.2005

EN

Official Journal of the European Union

C 31/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Election of the Presidents of Chambers

(2005/C 31/01)

At their meeting on 6 October 2004, the Judges of the Court
of Justice elected, under the second subparagraph of Article
10(1) of the Rules of Procedure, Mr Lenaerts as President of the
Fourth Chamber, Ms Silva de Lapuerta as President of the Fifth
the Sixth
Chamber and Mr Borg Barthet as President of
Chamber for a period of one year expiring on 6 October 2005.

The composition of the Fourth, Fifth and Sixth Chambers is
established as follows:

Fourth Chamber

Mr Lenaerts, President,

Ms Colneric, Mr Cunha Rodrigues, Mr Schiemann, Mr Juhász,
Mr Ilešič and Mr Levits, Judges

Fifth Chamber

Ms Silva de Lapuerta, President,

Mr Gulmann, Mr Schintgen, Mr Makarczyk, Mr Kūris, Mr
Arestis and Mr Klučka, Judges

Sixth Chamber

Mr Borg Barthet, President,

Mr La Pergola, Mr Puissochet, Mrs Macken, Mr von Bahr, Mr
Malenovský and M. Lõhmus, Judges

Lists for the purposes of determining the composition of
the formations of the Fourth, Fifth and Sixth Chambers as
from 12 October 2004

(2005/C 31/02)

At its meeting on 12 October 2004, the Court drew up the
lists, referred to in the second subparagraph of Article 11c(2)
of the Rules of Procedure, for the purposes of determining the
composition of the Chambers of three Judges as follows:

Fourth Chamber

Ms Colneric

Mr Cunha Rodrigues

Mr Schiemann

Mr Juhász

Mr Ilešič

Mr Levits

Fifth Chamber

Mr Gulmann

Mr Schintgen

Mr Makarczyk

Mr Kūris

Mr Arestis

Mr Klučka

Sixth Chamber

Mr La Pergola

Mr Puissochet

Mrs Macken

Mr von Bahr

Mr Malenovský

Mr Lõhmus
Non-opposition to a notified concentration (Case COMP/M.3626 — PERMIRA/PRIVATE EQUITY PARTNERS/MARAZZI)Text with EEA relevance
Date: 2005-02-05
Institutions: European Commission
Subjects: access to information, ceramics, economic concentration, investment company, merger control, restrictive-practice authorisation

C 30/22

EN

Official Journal of the European Union

5.2.2005

Non-opposition to a notified concentration

(Case COMP/M.3661 — CDP/STMICROELECTRONICS)

(2005/C 30/10)

(Text with EEA relevance)

On 22 December 2004, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in Italian and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32004M3661. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)

Non-opposition to a notified concentration

(Case COMP/M.3626 — PERMIRA/PRIVATE EQUITY PARTNERS/MARAZZI)

(2005/C 30/11)

(Text with EEA relevance)

On 17 December 2004, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in Italian and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32004M3626. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Prior notification of a concentration (Case COMP/M.3609 — CINVEN/FRANCE TELECOM CABLE-NC NUMERICABLE)Text with EEA relevance
Date: 2005-02-05
Institutions: European Commission
Subjects: Internet, cable distribution, economic concentration, exchange of information, investment company, merger control, transmission network

C 30/2

EN

Official Journal of the European Union

5.2.2005

Prior notification of a concentration

(Case COMP/M.3609 — CINVEN/FRANCE TELECOM CABLE-NC NUMERICABLE)

(2005/C 30/02)

(Text with EEA relevance)

1.
On 28 January 2005, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cinven Limited
(‘Cincen’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the
whole of the undertakings France Télécom Câble (‘FTC’, France), a subsidiary of France Télécom SA
(France), and NC Numéricâble (‘NCN’, France), a subsidiary of Groupe Canal+ (France), by way of purchase
of shares.

2.

The business activities of the undertakings concerned are:

— for Cinven: investment fund,

— for FTC: provider of cable television and Internet services,

— for NCN: provider of cable television and Internet services.

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.3609 — CINVEN/FRANCE TELECOM CABLE-NC NUMERICABLE, 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 opinion of 26 July 2004 concerning the plan for the disposal of radioactive waste arising from the dismantling of the remainder of the research reactor FRF2 at Frankfurt am Main in Hesse in the Federal Republic of Germany, in accordance with Article 37 of the Euratom TreatyText with EEA relevance
Date: 2005-02-05
Institutions: European Commission
Subjects: European Commission, Hesse, nuclear reactor, project evaluation, radioactive effluent

C 30/6

EN

Official Journal of the European Union

5.2.2005

COMMISSION OPINION

of 26 July 2004

concerning the plan for the disposal of radioactive waste arising from the dismantling of the
remainder of the research reactor FRF2 at Frankfurt am Main in Hesse in the Federal Republic of
Germany, in accordance with Article 37 of the Euratom Treaty

(2005/C 30/05)

(Only the German text is authentic)

On 30 January 2004, the European Commission received from the German Government, in accordance
with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive
waste arising from the dismantling of the remainder of the research reactor FRF2.

On the basis of these data and additional information provided by the German Government on 22 April
2004, and following consultation with the group of experts, the Commission has drawn up the following
opinion:

a) The distance between the plant and the nearest point on the territory of another Member State is

approximately 120 km to France;

b) During normal operation, discharges of liquid and gaseous effluent will not cause an exposure of the

population in other Member States that is significant from the point of view of health;

c) Solid radioactive waste arising from the dismantling operations will be transferred to an approved
interim storage site via the Hessian regional collection point. Non-radioactive solid waste or residual
materials and materials which are released from regulatory control will be released for disposal as
conventional waste or for reuse or recycling. This will be done in compliance with the criteria laid
down in the Basic Safety Standards (Directive 96/29/EURATOM);

d) In the event of unplanned discharges of radioactive waste, which may follow an accident of the type
and magnitude considered in the General Data, the doses likely to be received by the population in
other Member States would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of
radioactive waste in whatever form arising from the dismantling of the FRF2 research reactor at Frankfurt
am Main in Hesse in the Federal Republic of Germany, both in normal operation and in the event of an
accident of the type and magnitude considered in the General Data, is not liable to result in the radioactive
contamination, significant from the point of view of health, of the water, soil or airspace of another
Member State.
Information notice on a call for proposals for projects and supporting activities (PASR-2005) in the scope of the Preparatory Action on ‘The enhancement of the European industrial potential in the field of security research’
Date: 2005-02-05
Institutions: European Commission
Subjects: European security, invitation to tender, research project, technology

5.2.2005

EN

Official Journal of the European Union

C 30/11

Information notice on a call for proposals for projects and supporting activities (PASR-2005) in
the scope of the Preparatory Action on ‘The enhancement of the European industrial potential in
the field of security research’

(2005/C 30/07)

Following the adoption on 4 February 2005 of Decision C(2005) 259 on the Programme of Work 2005 of
the Preparatory Action on the enhancement of the European industrial potential in the field of security
research, Towards a programme to advance European security through research and technology, the
Commission of the European Communities will launch a call for proposals for projects and supporting
activities.

Call identifier: PASR-2005

Indicative date of publication: 5 February 2005

Indicative closure date: 3 May 2005

Total indicative budget: EUR 15 million

Further information: European Commission

The Preparatory Action in the field of Security Research Information Desk

E-mail: rtd-pasr@cec.eu.int

Internet: http://www.cordis.lu/security
Corrigendum to Publication of the final accounts of the agencies and bodies of the European Union for the 2003 financial year (OJ C 292, 30.11.2004)
Date: 2005-02-05
Institutions: European Commission
Subjects: EU office or agency, dissemination of EU information, publication of accounts

5.2.2005

EN

Official Journal of the European Union

C 30/25

CORRIGENDA

Corrigendum to Publication of the final accounts of the agencies and bodies of the European Union for the
2003 financial year

(Official Journal of the European Union C 292 of 30 November 2004)

(2005/C 30/13)

On page 20, in the table, after the entry for ‘EAR’, insert the following entry:

Eurojust

www.eurojust.eu.int
Commission opinion of 29 December 2004 concerning the modified plan for the disposal of radioactive waste from the Nogent-sur-Seine Nuclear Power Station in France, in accordance with Article 37 of the Euratom Treaty
Date: 2005-02-05
Institutions: European Commission
Subjects: Champagne-Ardenne, European Commission, nuclear power station, project evaluation, radioactive effluent

5.2.2005

EN

Official Journal of the European Union

C 30/5

COMMISSION OPINION

of 29 December 2004

concerning the modified plan for the disposal of radioactive waste from the Nogent-sur-Seine
Nuclear Power Station in France, in accordance with Article 37 of the Euratom Treaty

(2005/C 30/04)

(Only the French text is authentic)

On 7 June 2004, the European Commission received from the French Government, in accordance with
Article 37 of the Euratom Treaty, General Data relating to the modified plan for the disposal of radioactive
waste from the Nogent-sur-Seine Nuclear Power Station.

On the basis of these data and additional information requested by the Commission on 19 July 2004 and
provided by the Permanent Representation of France on 21 September 2004, and following consultation
with the group of experts, the Commission has drawn up the following opinion:

a) The distance between the plant and the nearest point of another Member State, in this case Belgium

and Luxembourg, is approximately 200 km;

b) The planned modification will lead to a general decrease of the gaseous and liquid discharge limits

except for liquid tritium for which an increase is foreseen;

c) During normal operation, the planned modification will not cause an exposure of the population in

another Member State that is significant from the point of view of health;

d) In the event of unplanned releases of radioactive effluents resulting from an accident of the type and
magnitude considered in the initial General Data, the planned modification to the fuel management
system will not give rise to any significant effect from the point of view of health on the population of
another Member State.

In conclusion, the Commission is of the opinion that the implementation of the modified plan for the
disposal of radioactive waste from the Nogent-sur-Seine Nuclear Power Station, located in France, both in
normal operation and in the event of an accident of the type and magnitude considered in the General
Data, is not liable to result in the radioactive contamination, significant from the point of view of health,
of the water, soil or airspace of another Member State.
Assignment of a new Judge to the Chambers
Date: 2005-02-05
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, appointment of staff, member of the Court of Justice (EU)

C 31/2

EN

Official Journal of the European Union

5.2.2005

A new member of the Court takes the oath

(2005/C 31/03)

Mr Ó Caoimh, appointed Judge at the Court of Justice of the
European Communities by decision of the Representatives of
the Governments of
the European
Communities of 22 September 2004, (1) took the oath before
the Court on 13 October 2004.

the Member States of

(1) OJ L 300 of 25.9.2004, p. 42.

Assignment of a new Judge to the Chambers

(2005/C 31/04)

At its meeting on 19 October 2004, the Court of Justice of the
European Communities decided to assign Mr Ó Caoimh to the
Third and Sixth Chambers.

The Third and Sixth Chambers are as a result composed as
indicated below.

Third Chamber

Mr Rosas, President,

Mr Borg Barthet, Mr La Pergola, Mr Puissochet, Mr von Bahr,
Mr Malenovský, Mr Lõhmus and Mr Ó Caoimh, Judges

Sixth Chamber

Mr Borg Barthet, President,

Mr La Pergola, Mr Puissochet, Mr von Bahr, Mr Malenovský,
Mr Lõhmus and Mr Ó Caoimh, Judges

Lists for the purposes of determining the composition of
the formations of the Grand Chamber and the Third and
Sixth Chambers as from 19 October 2004

(2005/C 31/05)

At its meeting on 19 October 2004, the Court drew up the list,
referred to in Article 11b(2) of the Rules of Procedure, for the
the Grand
purposes of determining the composition of
Chamber as follows:

Mr Gulmann

Mr Ó Caoimh

Mr La Pergola

Mr Levits

Mr Puissochet

Mr Lõhmus

Mr Schintgen

Mr Klučka

Ms Colneric

Mr Malenovský

Mr von Bahr

Mr Ilešič

Mr Cunha Rodrigues

Mr Borg Barthet

Ms Silva de Lapuerta

Mr Arestis

Mr Lenaerts

Mr Juhász

Mr Schiemann

Mr Kūris

Mr Makarczyk

At its meeting on 19 October 2004, the Court drew up the list,
referred to in the first subparagraph of Article 11c(2) of the
Rules of Procedure,
the purposes of determining the
composition of the Third Chamber as follows:

for

Mr La Pergola

Mr Ó Caoimh

Mr Puissochet

Mr Lõhmus

Mr von Bahr

Mr Malenovský

Mr Borg Barthet

At its meeting on 19 October 2004, the Court drew up the list,
referred to in the second subparagraph of Article 11c(2) of the
the purposes of determining the
Rules of Procedure,
composition of the Sixth Chamber as follows:

for

Mr La Pergola

Mr Puissochet

Mr von Bahr

Mr Malenovský

Mr Lõhmus

Mr Ó Caoimh