do-me/EUR-LEX huggingface dataset:
Removal from the Register of Case T-324/04 R
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: European Commission, France, General Court (EU)

5.3.2005

EN

Official Journal of the European Union

C 57/41

Removal from the Register of Case T-103/04 (1)

Removal from the Register of Case T-324/04 R

(2005/C 57/70)

(Language of the case: French)

the Court of First

By order of 23 November 2004, the President of the Fourth
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-103/04, Peter Ritzmann v Commission of the European
Communities.

Instance of

(2005/C 57/71)

(Language of the case: French)

(1) OJ C 106 of 30.4.2004.

the Court of First

By order of 15 December 2004, the President of the Second
the European
Chamber of
Communities has ordered the removal from the Register of
Case T-324/04 R, F v Commission of the European Commu-
nities.

Instance of
Removal from the register of Case C-307/04 P
Date: 2005-03-05
Institutions: Court of Justice
Subjects: action for annulment (EU), carbon, coal by-products industry, control of restrictive practices, fine, restriction on competition

C 57/24

EN

Official Journal of the European Union

5.3.2005

Removal from the register of Case C-13/04 (1)

Removal from the register of Case C-307/04 P (1)

(2005/C 57/40)

(Language of the case: Finnish)

By order of 26 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-13/04: Commission of the Euro-
pean Communities v Republic of Finland.

(1) OJ C 71 of 20.03.2004.

(2005/C 57/41)

(Language of the case: English)

By order of 25 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-307/04 P: SEC Corporation v
Commission of the European Communities.

(1) OJ C 239 of 25.09.2004.
Removal from the Register of Case T-103/04
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, administration of the Institutions, promotion, regulations for civil servants

5.3.2005

EN

Official Journal of the European Union

C 57/41

Removal from the Register of Case T-103/04 (1)

Removal from the Register of Case T-324/04 R

(2005/C 57/70)

(Language of the case: French)

the Court of First

By order of 23 November 2004, the President of the Fourth
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-103/04, Peter Ritzmann v Commission of the European
Communities.

Instance of

(2005/C 57/71)

(Language of the case: French)

(1) OJ C 106 of 30.4.2004.

the Court of First

By order of 15 December 2004, the President of the Second
the European
Chamber of
Communities has ordered the removal from the Register of
Case T-324/04 R, F v Commission of the European Commu-
nities.

Instance of
Euro exchange rates
Date: 2005-03-05
Institutions: European Commission
Subjects: euro, exchange rate

5.3.2005

EN

Official Journal of the European Union

C 56/1

I

(Information)

COMMISSION

Euro exchange rates (1)

4 March 2005

(2005/C 56/01)

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

1,3115

LVL

Latvian lats

138,33

MTL Maltese lira

7,4438

0,68760

9,0555

1,5491

79,82

8,2275

1,9559

0,5827

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

29,665

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

242,44

KRW South Korean won

3,4528

ZAR

South African rand

0,6964

0,4309

3,9287

36 497

239,69

37,884

1,6732

1,6715

1,6317

10,2295

1,8031

2,1375

1 322,39

7,8168

(1) Source: reference exchange rate published by the ECB.
Corrigendum to the Protocol established in accordance with Article 34 of the Treaty on European Union, amending, as regards the creation of a customs files identification database, the Convention on the use of information technology for customs purposes (OJ C 139, 13.6.2003)
Date: 2005-03-05
Institutions: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom
Subjects: computer applications, customs, customs cooperation, data collection, database, judicial inquiry

C 56/46

EN

Official Journal of the European Union

5.3.2005

CORRIGENDA

Corrigendum to the Protocol established in accordance with Article 34 of the Treaty on European Union,
amending, as regards the creation of a customs files identification database, the Convention on the use of
information technology for customs purposes

(Official Journal of the European Union C 139 of 13 June 2003)

(2005/C 56/08)

Page 3, Article 1 (Chapter V A, Article 12 A, paragraph 3, second subparagraph)

For:

‘This list shall comprise only infringements that are punishable:

— by deprivation of liberty or a detention order for at least 12 months, or

— by a fine of at least EUR 15 000.’,

read:

‘This list shall comprise only infringements that are punishable:

— by deprivation of liberty or a detention order for a maximum period of at least 12 months, or

— by a fine of at least EUR 15 000.’.
Judgment of the Court (Fourth Chamber) of 13 January 2005 in Case C-61/04: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Directive 2000/76/EC — Incineration of waste — Failure to transpose)
Date: 2005-03-05
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, waste incineration

C 57/12

EN

Official Journal of the European Union

5.3.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 January 2005

(Fourth Chamber)

of 13 January 2005

in Case C-32/04: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/58/EC — Non-transposition within the period
prescribed)

in Case C-61/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2000/76/EC — Incineration of waste — Failure to trans-
pose)

(2005/C 57/22)

(Language of the case: French)

In Case C-32/04 Commission of the European Communities
(Agents: U.Wölker and F. Simonetti) v French Republic (Agents:
G. de Bergues and C. Mercier) – action under Article 226 EC
for failure to fulfil obligations, brought on 29 January 2004 –
the Court (Fifth Chamber), composed of R. Silva de Lapuerta,
President of the Chamber, R. Schintgen and J. Klučka (Rappor-
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R.
teur),
in
Grass, Registrar, gave a judgment on 13 January 2005,
which it:

1. Declares that, by failing to adopt

the laws,

regulations and
administrative provisions necessary to comply with Commission
Directive 2001/58/EC of 27 July 2001 amending for the second
time Directive 91/155/EEC defining and laying down the detailed
arrangements for the system of specific information relating to
dangerous preparations in implementation of Article 14 of Euro-
pean Parliament and Council Directive 1999/45/EC and relating
to dangerous
in implementation of Article 27 of
Council Directive 67/548/EEC (safety data sheets), the French
Republic has failed to fulfil its obligations under that directive;

substances

(2005/C 57/23)

(Language of the case: Greek)

In Case C-61/04: Commission of the European Communities
(Agent: M. Konstantinidis) v Hellenic Republic (Agent: N.
Dafniou) – Action under Article 226 EC for failure to fulfil
obligations, brought on 12 February 2004 – the Court (Fourth
Chamber), composed of K. Lenaerts, President of Chamber, N.
Colneric and E. Levits (Rapporteur), Judges; F.G. Jacobs, Advo-
cate General; R. Grass, Registrar, gave a judgment on 13
January 2005, in which it:

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the
the Hellenic
Republic has failed to fulfil its obligations under that directive;

incineration of waste,

the laws,

2. Orders the French Republic to pay the costs.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 71 of 20.03.2004.

(1) OJ C 106, 30.04.2004.
Removal from the register of Case C-11/03
Date: 2005-03-05
Institutions: Court of Justice
Subjects: decision-making, disclosure of information, health insurance, interpretation of the law, marketing, medicinal product, pharmaceutical legislation

5.3.2005

EN

Official Journal of the European Union

C 57/23

Reference for a preliminary ruling from the Verwaltungs-
gericht Aachen by order of that court of 29 December
in the case of Hasan Güzeli against Oberbürger-
2004,

meister der Stadt Aachen

3. Does a change in the legal form of national law governing
permission to work that takes place after the expiry date of
the original residence permit have any effect on the prohibi-
tion on refusal of further residence consequent on Article
10(1) of Decision No 1/80?

(Case C-4/05)

(2005/C 57/37)

(Language of the case: German)

Removal from the register of Case C-11/03 (1)

(2005/C 57/38)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Verwaltungsgericht Aachen
(Germany) of 29 December 2004 received at the Court Registry
on 6 January 2005, for a preliminary ruling in the case of
Hasan Güzeli against Oberbürgermeister der Stadt Aachen
(Mayor of the town of Aachen) on the following questions:

By order of 25 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-11/03 (reference for a preliminary
ruling from the Raad van State): Boss Pharma NV v Belgische
Staat.

(1) OJ C 55 of 08.03.2003.

1. Does the prohibition of discrimination in Article 10(1) of
Decision No 1/80 preclude a Member State from refusing to
allow a Turkish worker in the position of the claimant, who
was duly registered as belonging to the labour force of the
Member State and had a right of unlimited duration in rela-
tion to employment on the date of expiry of the national
residence permit originally granted to him, to continue to
reside there for the duration of his employment?

Is it material
granted to the Turkish migrant worker

in this context whether the work permit

— was granted under national law without any time-limit

(2005/C 57/39)

Removal from the register of Case C-10/04 (1)

— was granted under national law subject to the continua-
tion of the original residence permit but does not auto-
matically expire when residence authorisation comes to
an end and remains valid until such time as the alien is
no longer entitled to stay in the Member State on even a
temporary basis?

(Language of the case: German)

By order of 1 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-10/04: Commission of the Euro-
pean Communities v Republic of Austria.

2. Is the Member State permitted, having regard to Article
10(1) of Decision No 1/80, to refuse to allow a Turkish
worker residence if the latter is employed as a seasonal
worker after the expiry date of the latest residence permit
granted to him – that is to say, if he does not work in the
periods between employment?

(1) OJ C 47 of 21.02.2004.
Judgment of the Court (Fifth Chamber) of 13 January 2005 in Case C-32/04: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 2001/58/EC — Non-transposition within the period prescribed)
Date: 2005-03-05
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, dangerous substance, labelling, packaging, product safety

C 57/12

EN

Official Journal of the European Union

5.3.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 January 2005

(Fourth Chamber)

of 13 January 2005

in Case C-32/04: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/58/EC — Non-transposition within the period
prescribed)

in Case C-61/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2000/76/EC — Incineration of waste — Failure to trans-
pose)

(2005/C 57/22)

(Language of the case: French)

In Case C-32/04 Commission of the European Communities
(Agents: U.Wölker and F. Simonetti) v French Republic (Agents:
G. de Bergues and C. Mercier) – action under Article 226 EC
for failure to fulfil obligations, brought on 29 January 2004 –
the Court (Fifth Chamber), composed of R. Silva de Lapuerta,
President of the Chamber, R. Schintgen and J. Klučka (Rappor-
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R.
teur),
in
Grass, Registrar, gave a judgment on 13 January 2005,
which it:

1. Declares that, by failing to adopt

the laws,

regulations and
administrative provisions necessary to comply with Commission
Directive 2001/58/EC of 27 July 2001 amending for the second
time Directive 91/155/EEC defining and laying down the detailed
arrangements for the system of specific information relating to
dangerous preparations in implementation of Article 14 of Euro-
pean Parliament and Council Directive 1999/45/EC and relating
to dangerous
in implementation of Article 27 of
Council Directive 67/548/EEC (safety data sheets), the French
Republic has failed to fulfil its obligations under that directive;

substances

(2005/C 57/23)

(Language of the case: Greek)

In Case C-61/04: Commission of the European Communities
(Agent: M. Konstantinidis) v Hellenic Republic (Agent: N.
Dafniou) – Action under Article 226 EC for failure to fulfil
obligations, brought on 12 February 2004 – the Court (Fourth
Chamber), composed of K. Lenaerts, President of Chamber, N.
Colneric and E. Levits (Rapporteur), Judges; F.G. Jacobs, Advo-
cate General; R. Grass, Registrar, gave a judgment on 13
January 2005, in which it:

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the
the Hellenic
Republic has failed to fulfil its obligations under that directive;

incineration of waste,

the laws,

2. Orders the French Republic to pay the costs.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 71 of 20.03.2004.

(1) OJ C 106, 30.04.2004.
Removal from the register of Case C-13/04
Date: 2005-03-05
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, national implementing measure, packaging, waste management

C 57/24

EN

Official Journal of the European Union

5.3.2005

Removal from the register of Case C-13/04 (1)

Removal from the register of Case C-307/04 P (1)

(2005/C 57/40)

(Language of the case: Finnish)

By order of 26 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-13/04: Commission of the Euro-
pean Communities v Republic of Finland.

(1) OJ C 71 of 20.03.2004.

(2005/C 57/41)

(Language of the case: English)

By order of 25 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-307/04 P: SEC Corporation v
Commission of the European Communities.

(1) OJ C 239 of 25.09.2004.
Prior notification of a concentration (Case COMP/M.3678 — Goldman Sachs/Cerberus/TET/JV) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-03-05
Institutions: European Commission
Subjects: economic concentration, investment bank, merger control, vehicle rental

5.3.2005

EN

Official Journal of the European Union

C 56/45

Prior notification of a concentration

(Case COMP/M.3678 — Goldman Sachs/Cerberus/TET/JV)

Candidate case for simplified procedure

(2005/C 56/07)

(Text with EEA relevance)

1.
On 24 February 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 undertakings Goldman Sachs Mort-
gage Company (‘GSMC’, USA) controlled by Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and The
Cerberus Group (‘Cerberus’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation
joint control of part of the undertaking Transamerica European Trailers (‘TET’, UK) by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— for Goldman Sachs: investment banking and securities,

— for Cerberus: Investment in personal property,

— for TET: leasing of commercial road trailers.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

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.3678 — Goldman Sachs/ Cerberus/TET/JV, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.
Case T-481/04: Action brought on 10 December 2004 by Advance Magazine Publishers Inc., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, press undertaking, trade-mark law

C 57/30

EN

Official Journal of the European Union

5.3.2005

Action brought on 10 December 2004 by Advance Maga-
zine Publishers Inc., against the Office for Harmonisation
in the Internal Market (Trade Marks and Designs)

Decision of the Opposi-
tion Division:

Rejection of the Community trade
mark for
the contested goods,
namely clothing

(Case T-481/04)

(2005/C 57/51)

Decision of
of Appeal:

Pleas in law:

(Language in which the application was lodged: English)

the Board

Dismissal of the appeal

Violation of the procedural rules
of Articles 61(1), 62(1) and 74(1)
of Council Regulation No 40/94;
Violation of Articles 73 and 62 (2)
of Council Regulation No 40/94
as Rule 50(2)(h) of
as well
No
Regulation
Commission
2868/95; Violation of Article
43(2) and 43(3) of Council Regu-
lation No 40/94 and Rule 22 of
Commission Regulation 2868/95;
Violation of Article 8(1)(b) of
Council 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
December 2004 by Advance Magazine Publishers Inc., estab-
lished in New York (USA), represented by M. Esteve Sanz,
lawyer.

J. Capela & Irmãos, Lda., established in Porto (Portugal), was
also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of 27

September 2004 rendered in case R 328/2003-1;

— order the defendant and if the case might be, the intervener,
to pay the costs of proceedings and the costs of appeal
incurred within the OHIM.

Pleas in law and main arguments

Advance Magazine Publishers, Inc.

The word mark ‘VOGUE’
for
goods and services in classes 9,
14,
41
(Clothing,…) — application No
183 756

and

18,

16,

25

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

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

Trade mark or
cited in opposition:

sign

Action by Komsa Kommunikation Sachsen AG against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) brought on 13 December 2004

(Case T-482/04)

(2005/C 57/52)

(Language of the case: German)

J. Capela & Irmãos, Lda

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 13
December 2004 by Komsa Kommunikation Sachsen AG, estab-
lished in Hartmannsdorf (Germany), represented by F. Hage-
mann, lawyer.

The national word mark ‘VOGUE
PORTUGAL’ for goods in class 25
(footwear) and the business name
‘VOGUE - SAPATARIA’

The other party before the Board of Appeal was Anders + Kern
Präsentationssysteme GmbH & Co. KG., established in Norder-
stedt (Germany).