Order of the Court (Second Chamber) of 28 October 2004 in Case C-236/03 P Commission of the European Communities v CMA CGM and Others (Appeal — Cartels — Maritime transport between northern Europe and the Far East — Fines — Limitation period — Appeal partly clearly inadmissible and partly clearly unfounded)
Date: 2005-04-30
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), inter-company agreement, maritime transport, transit charge

C 106/10

EN

Official Journal of the European Union

30.4.2005

ORDER OF THE COURT

(First Chamber)

of 19 January 2005

2086/97, and to declare that goods must be classified otherwise
than in accordance with that classification opinion.

(1) OJ C 158 of 05.07.2003.

in Case C-206/03: (reference for a preliminary ruling from
the High Court of Justice (England and Wales), Chancery
Division) Commissioners of Customs & Excise v Smith-
Kline Beecham plc (1)

(Article 104(3) of
the Rules of Procedure — Common
customs tariff — Tariff headings — Nicotine patches —
Force in law of a classification opinion of the World Customs
Organisation)

(2005/C 106/18)

(Language of the case: English)

In Case C-206/03: reference for a preliminary ruling under
Article 234 EC from the High Court of Justice (England and
Wales), Chancery Division, (United Kingdom) made by decision
of 7 December 2000, received at the Court on 14 May 2003,
in the proceedings between Commissioners of Customs &
(First
Excise and SmithKline Beecham plc — the Court
Chamber), composed of P. Jann (Rapporteur), President of the
Chamber, N. Colneric, K. Schiemann, E. Juhász and E. Levits,
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, made
an order on 19 January 2005, the operative part of which is as
follows:

1. Nicotine patches, such as those at issue in the main proceedings,
must be classed under heading 3004 of the Combined Nomencla-
to Council Regulation (EEC) No
ture, contained in Annex I
2658/87 of 23 July 1987 on the tariff and statistical nomencla-
ture and on the Common Customs Tariff, as amended by
Commission Regulation (EC) No 2086/97 of 4 November 1997.

2. If a competent authority has issued incorrect binding tariff infor-
mation, a national court is required under Article 10 EC to take,
within the sphere of its competence, all the measures necessary to
ensure that that information is annulled and that new binding
tariff information, consistent with Community law, is issued.

In that context, the procedure for and the effects of the decisions
adopted by the national court hearing the action fall, within the
bounds set by the principles of equivalence and effectiveness, within
the ambit of domestic law.

In that regard, it is not contrary to Article 12(5) of Council Regu-
lation (EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code, as amended by Regulation (EC) No
82/97 of the European Parliament and of the Council of 19
December 1996, for a national court to annul a decision of a
customs authority which, while it is consistent with a classification
opinion of the W.C.O., fails to take account of the Combined
Nomenclature contained in Annex I to Council Regulation (EEC)
No 2658/87, as amended by Commission Regulation (EC) No

ORDER OF THE COURT

(Second Chamber)

of 28 October 2004

in Case C-236/03 P Commission of the European Commu-
nities v CMA CGM and Others (1)

(Appeal — Cartels — Maritime transport between northern
Europe and the Far East — Fines — Limitation period —
clearly
Appeal partly

inadmissible and partly

clearly

unfounded)

(2005/C 106/19)

(Language of the case: English)

In Case C-236/03 P: appeal under Article 56 of the Statute of
the Court of Justice lodged at the Court on 2 June 2003 by the
Commission of the European Communities (Agent: P. Oliver),
the other parties to the proceedings being CMA CGM, estab-
lished in Marseilles (France), Evergreen Marine Corp. Ltd, estab-
lished in Taipei, (Taiwan), Hanjin Shipping Co. Ltd, established
in Taipei, Hapag-Lloyd Container Linie GmbH, established in
Seoul (South Korea), Kawasaki Kisen Kaisha Ltd, established in
Tokyo (Japan), Malaysia International Shipping Corporation
Berhad, established in Kuala Lumpur (Malaysia), Mitsui OSK
Lines Ltd, established in Tokyo, Neptune Orient Lines Ltd,
established in Singapore, Nippon Yusen Kaisha, established in
Tokyo, Orient Overseas Container Line Ltd, established in
Wanchai (China), P & O Nedlloyd Container Liner Ltd, estab-
lished in London, Yangming Marine Transport Corp., estab-
lished in Taipei, (lawyers: J. Pheasant and M. Levitt), Senator
Lines GmbH, formerly DSR-Senator Lines GmbH, established in
Bremen (Germany), (lawyers: J. Pheasant and M. Levitt, and D.
Waelbroeck and U. Zinsmeister), and Cho Yang Shipping Co.
Ltd, established in Seoul, in liquidation — the Court (Second
Chamber), composed of C.W.A. Timmermans (Rapporteur),
President of the Chamber, R. Silva de Lapuerta, R. Schintgen,
G. Arestis and J. Klučka, Judges; J. Kokott, Advocate General; R.
Grass, Registrar, made an order on 28 October 2004, the
operative part of which is as follows:

1. The appeal is dismissed;

30.4.2005

EN

Official Journal of the European Union

C 106/11

2. The Commission of

the European Communities shall pay the

costs.

3. The Office for Harmonisation in the Internal Market
Marks and Designs) (OHIM) shall bear its own costs.

(Trade

(1) OJ C 184 of 02.08.2003.

(1) OJ C 239 of 04.10.2003.

ORDER OF THE COURT

(Fourth Chamber)

of 18 January 2005

ORDER OF THE COURT

(Fourth Chamber)

of 7 December 2004

in Case C-325/03 P: José Luis Zuazaga Meabe v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

in Case C-521/03 P:

Internationaler Hilfsfonds eV v

Commission of the European Communities (1)

(Appeal — Admissibility of the action — Whether the action
is out of time — Fifth paragraph of Article 230 EC —
Merely confirmatory decision — Categorisation)

(Appeal — Community trade mark — Action for annulment
— Inadmissibility because out of time — Appeal manifestly
unfounded)

(2005/C 106/21)

(2005/C 106/20)

(Language of the case: English)

(Language of the case: Spanish)

In Case C-325/03 P: appeal under Article 56 of the Statute of
the Court of Justice lodged at the Court on 21 July 2003 by
José Luis Zuazaga Meabe, residing in Bilbao (Spain), (lawyers:
J.A. Calderón Chavero and N. Moya Fernández),
the other
parties to the proceedings being the Office for Harmonisation
in the Internal Market
(OHIM)
(Agents: O. Montalto and I. de Medrano Caballero) — the
Court (Fourth Chamber), composed of K. Lenaerts, President of
the Chamber, J.N. Cunha Rodrigues and M. Ilešič (Rapporteur),
Judges; M. Poiares Maduro, Advocate General; R. Grass, Regis-
trar, made an order on 18 January 2005, the operative part of
which is as follows

(Trade Marks and Designs)

In Case C-521/03 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged on 15 December 2003 by Interna-
tionaler Hilfsfonds eV (lawyer: H. Kaltenecker), the other party
to the proceedings being the Commission of the European
Communities (Agents: M. Wilderspin and S. Fries) — the Court
(Fourth Chamber), composed of J.N. Cunha Rodrigues, acting
for the President of the Fourth Chamber, N. Colneric and K.
Schiemann (Rapporteur),
Judges; L.A. Geelhoed, Advocate
General: R. Grass, Registrar, made an order on 7 December
2004, the operative part of which is as follows:

1. The appeal is dismissed.

2. The appellant shall bear the costs.

1. The appeal is dismissed.

(1) OJ C 59 of 06.03.2004.

2. Mr Zuazaga Meabe shall bear his own costs and pay those

incurred by Banco Bilbao Vizcaya Argentaria SA.