do-me/EUR-LEX huggingface dataset:
Removal from the Register of Case T-441/03
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: Ecuador, European Commission, action for annulment (EU), import, originating product, tariff quota, tropical fruit

9.7.2005

EN

Official Journal of the European Union

C 171/35

— Order the Office to pay TeleTech's US's costs relating to its
proceedings both in the Court of First Instance and before
the Board of Appeal.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

TELETECH INTERNATIONAL S.A.

Removal from the Register of Case T-398/02 (1)

(2005/C 171/57)

(Language of the case: Italian)

By order of 2 May 2005, the President of the Fourth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-398/02, Linea
the European
GIG S.r.l.
Communities.

in liquidation v Commission of

Community trade mark
concerned:

Word mark TELETECH INTERNA-
TIONAL for services in classes 35,
38 and 42

(1) OJ C 44 of 22.2.2003.

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

Trade mark or
cited in opposition:

sign

The applicant

National mark ‘TELETECH’ and
Community trade mark ‘TELE-
TECH GLOBAL VENTURES’

Removal from the Register of Case T-441/03 (1)

(2005/C 171/58)

(Language of the case: Dutch)

Decision of the Opposi-
tion Division:

Registration refused

Decision of
of Appeal:

Pleas in law:

the Board

Declares the appeal inadmissible

was

the
The applicant contends that
Court of First Instance's judgment
of 16 September 2004 in case T-
342/02,
Metro-Goldwyn-Mayer
Lion / OHMI declaring an appeal
in similar circumstances
brought
wrongly
inadmissible,
decided;
it
submits that this judgment could
be distinguished; finally, it submits
that its position in the USA has
been seriously prejudiced by the
decision of the Opposition Divi-
sion and that, therefore, its appeal
against the latter's decision should
have been declared admissible.

alternative,

in the

the Court of First

the Fourth
By order of 28 April 2005,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-441/03, N.V. Firma Léon Van Parys and Others v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 59 of 6.3.2004.

Removal from the Register of Case T-244/04 (1)

(2005/C 171/59)

(Language of the case: Dutch)

By order of 4 May 2005, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-244/04, Elisa-
beth Saskia Smit v Europese Politiedienst (Europol).

(1) OJ C 217 of 28.8.2004.
Judgment of the Court of First Instance of 26 April 2005 in Case T-395/03 Sophie Van Weyenbergh v Commission of the European Communities (Officials — Re-opening of an internal competition — Non-inclusion in the list of suitable candidates)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), assistant, competition (EU)

C 171/18

EN

Official Journal of the European Union

9.7.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 April 2005

of 4 May 2005

in Case T-395/03 Sophie Van Weyenbergh v Commission
of the European Communities (1)

in Case T-398/03, Jean-Pierre Castets v Commission of the
European Communities (1)

(Officials — Re-opening of an internal competition — Non-
inclusion in the list of suitable candidates)

(Officials — Article 78 of the Staff Regulations — Invalidity
pension — Calculation of the amount of the pension —
Reference salary)

(2005/C 171/31)

(Language of the case: French)

(2005/C 171/32)

(Language of the case: French)

residing in
In Case T-395/03: Sophie Van Weyenbergh,
Tervuren (Belgium), represented by C. Mourato, lawyer, against
Commission of the European Communities (Agent: H. Tserepa-
Lacombe and H. Kraemer, with an address for service in
Luxembourg) — application for, firstly, annulment of the deci-
sion of the selection board of internal competition COM/TB/99
not to include the application in the list of suitable candidates
following that competition and, secondly, damages — the
Court of First
I. Natsinas,
Administrator, for the Registrar, gave a judgment on 26 April
2005, in which it:

Instance (sole judge:

J. Pirrung),

1. Rejects the application;

In Case T-398/03, Jean-Pierre Castets, a former official of the
Commission of the European Communities, residing in Saint-
Victor-des-Oules (France), represented by G. Crétin,
lawyer,
the European Communities (Agent:
against Commission of
J. Currall, assisted by B. Wägenbaur, lawyer, with an address for
service in Luxembourg) — application for annulment of the
Commission's decision specifying the applicant's rights to an
invalidity pension — the Court of First
Instance (Fourth
Chamber), composed of H. Legal, President, P. Mengozzi and I.
Wiszniewska-Białecka, Judges; C. Kristensen, Administrator, for
the Registrar, gave a judgment on 4 May 2005, in which it:

1. Dismisses the application;

2. Orders the applicant to bear his own costs and those incurred by

the Commission in attending the hearing;

2. Orders the Commission to bear its own costs and half of the costs
incurred by the applicant; the applicant is to bear the other half of
her own costs.

3. Orders the Commission to bear its own costs save those which it

incurred in attending the hearing.

(1) OJ C 59, 6.3.2004.

(1) OJ C 35 of 7.2.2004.
Prior notification of a concentration (Case COMP/M.3856 — Boeing/Lockheed Martin/United Launch Alliance JV) Text with EEA relevance
Date: 2005-07-09
Institutions: European Commission
Subjects: aerospace industry, economic concentration, exchange of information, merger control, new technology

C 170/14

EN

Official Journal of the European Union

9.7.2005

Prior notification of a concentration

(Case COMP/M.3856 — Boeing/Lockheed Martin/United Launch Alliance JV)

(2005/C 170/06)

(Text with EEA relevance)

1.
On 4 July 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 Lockheed Martin
Corporation (‘Lockheed Martin’, USA) and The Boeing Company (‘Boeing’, USA) acquire within the
meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking United Launch Alli-
ance (USA) by way of transfer of assets to a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

— Lockheed Martin: research, design, development, manufacture, integration, operation and sustainment
of advanced technology systems (including space launch systems and services), products and services
worldwide.

— Boeing: commercial aircraft, defense and space industry (including expendable space launch systems

and services) and related services.

— United Launch Alliance: provision of space launch services using Atlas and Delta launch vehicles to the

US Government.

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.3856 — Boeing/Lockheed Martin/United Launch Alliance 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.
Judgment of the Court of First Instance of 4 May 2005 in Case T-398/03, Jean-Pierre Castets v Commission of the European Communities (Officials — Article 78 of the Staff Regulations — Invalidity pension — Calculation of the amount of the pension — Reference salary)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), disability insurance, retired person

C 171/18

EN

Official Journal of the European Union

9.7.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 April 2005

of 4 May 2005

in Case T-395/03 Sophie Van Weyenbergh v Commission
of the European Communities (1)

in Case T-398/03, Jean-Pierre Castets v Commission of the
European Communities (1)

(Officials — Re-opening of an internal competition — Non-
inclusion in the list of suitable candidates)

(Officials — Article 78 of the Staff Regulations — Invalidity
pension — Calculation of the amount of the pension —
Reference salary)

(2005/C 171/31)

(Language of the case: French)

(2005/C 171/32)

(Language of the case: French)

residing in
In Case T-395/03: Sophie Van Weyenbergh,
Tervuren (Belgium), represented by C. Mourato, lawyer, against
Commission of the European Communities (Agent: H. Tserepa-
Lacombe and H. Kraemer, with an address for service in
Luxembourg) — application for, firstly, annulment of the deci-
sion of the selection board of internal competition COM/TB/99
not to include the application in the list of suitable candidates
following that competition and, secondly, damages — the
Court of First
I. Natsinas,
Administrator, for the Registrar, gave a judgment on 26 April
2005, in which it:

Instance (sole judge:

J. Pirrung),

1. Rejects the application;

In Case T-398/03, Jean-Pierre Castets, a former official of the
Commission of the European Communities, residing in Saint-
Victor-des-Oules (France), represented by G. Crétin,
lawyer,
the European Communities (Agent:
against Commission of
J. Currall, assisted by B. Wägenbaur, lawyer, with an address for
service in Luxembourg) — application for annulment of the
Commission's decision specifying the applicant's rights to an
invalidity pension — the Court of First
Instance (Fourth
Chamber), composed of H. Legal, President, P. Mengozzi and I.
Wiszniewska-Białecka, Judges; C. Kristensen, Administrator, for
the Registrar, gave a judgment on 4 May 2005, in which it:

1. Dismisses the application;

2. Orders the applicant to bear his own costs and those incurred by

the Commission in attending the hearing;

2. Orders the Commission to bear its own costs and half of the costs
incurred by the applicant; the applicant is to bear the other half of
her own costs.

3. Orders the Commission to bear its own costs save those which it

incurred in attending the hearing.

(1) OJ C 59, 6.3.2004.

(1) OJ C 35 of 7.2.2004.
Extension of the mandate of the members of the Professional Chamber of the Enterprise Policy Group
Date: 2005-07-09
Institutions: European Commission
Subjects: appointment of staff, business policy, chamber of commerce and industry

9.7.2005

EN

Official Journal of the European Union

C 170/11

Extension of the mandate of the members of the Professional Chamber of the Enterprise Policy
Group

(2005/C 170/04)

In accordance with the provisions of Article 2(1) and Article 3 of Commission Decision 2000/690/EC of 8
November 2000 (1) setting up an Enterprise Policy Group, the Commission has extended the mandate of
the members of the Professional Chamber of the Enterprise Policy Group until 31 December 2005, with
the exception of those who have resigned in the meantime. The members of the Professional Chamber are:

Sławomir ADAMCZYK

Louis APAP-BOLOGNA

Edwige AVICE

Francesco BELLOTTI

Henryka BOCHNIARZ

Juan CANALS OLIVA

Jesús CATANIA COBO

Josef CÍLEK

Martine CLÉMENT

Dimitri DANILATOS

Jean-Claude DETILLEUX

Ladislav DOBRODENKA

Elisabeth FELDER

Norbert FRIOB

Luigi GASPAROLLO

George HERSBACH

Jürgen HINZ

Jean-François HOFFELT

Arndt Günter KIRCHHOFF

Péter KÖVES

Emma MARCEGAGLIA

Marialina MARCUCCI

Jörg MITTELSTEN SCHEID

Gordon MURRAY

Uldis OSIS

Colin PERRY

Gina QUIN

Vassilis ROLOGIS

(1) OJ L 285, 10.11.2000, p. 24, as modified by Decision 2003/247/EC of 9.4.2003 (OJ L 93, 10.4.2003, p. 27).

C 170/12

EN

Official Journal of the European Union

9.7.2005

Pekka SAIRANEN

Albertino SANTANA

Salvador SANTOS CAMPANO

Barbara SCHENK

Brane SEMOLIC

Richard SIMMONS

François SOULAGE

Piet STEEL

Yiannis TAVOULARIS

Leelo UMBSAAR

Gediminas VAITIEKŪNAS

Betty VAN ARENTHALS

William David WALBURN

Wanda WOLNY
Commission Regulation (EC) No 1087/2005 of 8 July 2005 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
Date: 2005-07-09
Institutions: European Commission
Subjects: EU relations, Iraq, UN resolution, petroleum, petroleum product, trading operation

L 177/32

EN

Official Journal of the European Union

9.7.2005

COMMISSION REGULATION (EC) No 1087/2005

of 8 July 2005

amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on
economic and financial relations with Iraq

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1210/2003 of
restrictions on
7 July 2003 concerning certain specific
economic and financial relations with Iraq and repealing Regu-
lation (EC) No 2465/96 (1), and in particular Article 11(b)
thereof,

former Iraqi regime,
their immediate family members
and the entities owned or controlled by them or by
persons acting on their behalf or at their direction, to
whom the freezing of
funds and economic resources
should apply. Therefore, Annex IV should be amended
accordingly.

(3)

In order to ensure that the measures provided for in this
Regulation are effective, this Regulation must enter into
force immediately,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

Annex IV to Regulation (EC) No 1210/2003 lists the
natural and legal persons, bodies or entities associated
former President Saddam Hussein
with the regime of
covered by
and economic
freezing of
the
resources under that Regulation.

funds

On 22 June 2005, the Sanctions Committee of the UN
Security Council decided to amend the list comprising
the
Saddam Hussein and other

senior officials of

Article 1

Annex IV to Regulation (EC) No 1210/2003 is hereby amended
as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 July 2005.

For the Commission

Eneko LANDÁBURU
Director-General for External Relations

(1) OJ L 169, 8.7.2003, p. 6. Regulation as

last amended by
Commission Regulation (EC) No 1566/2004 (OJ L 285, 4.9.2004,
p. 6).

9.7.2005

EN

Official Journal of the European Union

L 177/33

ANNEX

Annex IV to Regulation (EC) No 1210/2003 is amended as follows:

The following natural person shall be added:

‘Muhammad Yunis Ahmad (alias (a) Muhammad Yunis Al-Ahmed, (b) Muhammad Yunis Ahmed, (c) Muhammad
Yunis Ahmad Al-Badrani, (d) Muhammad Yunis Ahmed Al-Moali). Addresses: (a) Al-Dawar Street, Bludan, Syria, (b)
Damascus, Syria, (c) Mosul, Iraq, (d) Wadi Al-Hawi, Iraq, (e) Dubai, United Arab Emirates, (f) Al-Hasaka, Syria. Date
of birth: 1949. Place of birth: Al-Mowall, Mosul, Iraq. Nationality: Iraqi.’
Case T-190/05: Action brought on 9 May 2005 by The Sherwin-Williams Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), packaging product, paints and varnishes, plastics, trade-mark law

C 171/34

EN

Official Journal of the European Union

9.7.2005

— order the Commission to pay the costs.

Pleas in law and main arguments

the exam-
contested before

Decision of
iner
the Board of Appeal:

Dismissal of the application

The pleas in law and main arguments put forward are the same
as those in Cases T-130/05, T-160/05, T-162/05 and T-170/05
and similar to those in Cases T-58/05 and T-164/05.

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Incorrect
application of Article
7(1)(b) of Regulation (EC) No
40/94

Action brought on 9 May 2005 by The Sherwin-Williams
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-190/05)

(2005/C 171/55)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 9
May 2005 by The Sherwin-Williams Company, represented by
Enrique Armijo Chavarri and Antonio Castán Pérez-Gómez,
lawyers.

The applicant claims that the Court should:

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

of 22 February 2003 (Case R 755/2004-2);

Action brought on 9 May 2005 by Teletech Holdings Inc.,
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-194/05)

(2005/C 171/56)

(Language in which the application was lodged: English)

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 9 May
2005 by Teletech Holdings Inc., established in Englewood,
Colorado (USA), represented by A. M. Gould, Solicitor.

— order OHIM to pay the costs.

Teletech International S.A. established in Paris (France), was
also a party to the proceedings before the Board of Appeal.

Pleas in law and main arguments:

The applicant claims that the Court should:

— Annul the Decision the First Board of Appeal of the OHIM,

of 3 March 2005, in case R 497/2004-1;

Community trade mark
sought:

Word mark TWIST & POUR —
Application No 3.071.041,
for
goods
in Class 21 (hand held
plastic containers sold as an inte-
gral
paint
a
containing storage and pouring
device)

liquid

part

of

— Remit

the matter to the Opposition Division for it

to
consider and rule on TeleTech's US opposition to Com-
munity trade mark 2 168 409 in the name of Teletech
International SA based on its Community trade mark No.
134 908 TELETECH GLOBAL VENTURES;