do-me/EUR-LEX huggingface dataset:
Removal from the Register of Case T-56/97
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for failure to act, agricultural quota, dairy production, indemnification, regulation of agricultural production

C 217/62

EN

Official Journal of the European Union

3.9.2005

Removal from the Register of Case T-51/97 (1)

Removal from the Register of Case T-55/97 (1)

(2005/C 217/122)

(2005/C 217/125)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-51/97 G J
Meijer v Council of the European Union and Commission of the
European Communities be removed from the register.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-55/97, C.H.L.
Wijnen v Council of the European Union and Commission of
the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.

Removal from the Register of Case T-53/97 (1)

Removal from the Register of Case T-56/97 (1)

(2005/C 217/123)

(2005/C 217/126)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-53/97, B.J.G.
Oude Kotte v Council of the European Union and Commission
of the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
from the Register of Case T-56/97,
ordered the removal
W.C.G.M. Stoffelen v Council of
the European Union and
Commission of the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.

Removal from the Register of Case T-54/97 (1)

Removal from the Register of Case T-57/97 (1)

(2005/C 217/124)

(2005/C 217/127)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-54/97, H.J.
Leemkuil v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-57/97,
R. Dusselaar v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.
Removal from the register of Case C-497/04
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, approximation of laws, financial solvency, insurance, insurance company

3.9.2005

EN

Official Journal of the European Union

C 217/33

Removal from the register of Case C-387/04 (1)

Removal from the register of Case C-497/04 (1)

(2005/C 217/70)

(2005/C 217/73)

(Language of the case: German)

(Language of the case: Greek)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-387/04 (Reference for a preliminary
ruling Amtsgericht Dresden): Volker Donath.

By order of 13 June 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-497/04: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 262 of 23.10.2004.

(1) OJ C 31 of 5.02.2005.

Removal from the register of Case C-396/04 (1)

Removal from the register of Case C-498/04 (1)

(2005/C 217/71)

(2005/C 217/74)

(Language of the case: Finnish)

(Language of the case: Greek)

By order of 12 May 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-396/04: Commission of the European
Communities v Republic of Finland.

By order of 13 June 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-498/04: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 273 6.11.2004.

(1) OJ C 31 of 5.02.2005.

Removal from the register of Case C-424/04 (1)

Removal from the register of Case C-511/04 (1)

(2005/C 217/72)

(2005/C 217/75)

(Language of the case: French)

(Language of the case: Portuguese)

By order of 17 May 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-424/04: Commission of the European
Communities v French Republic.

By order of 4 May 2005 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-511/04: Commission of
Communities v Portuguese Republic.

(1) OJ C 300 of 4.12.2004.

(1) OJ C 45 of 19.02.2005.
Removal from the register of Case C-370/04
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, harmonisation of standards, national implementing measure, rail transport, technical rule, trans-European network

C 217/32

EN

Official Journal of the European Union

3.9.2005

Removal from the register of Case C-81/04 (1)

Removal from the register of Case C-337/04 (1)

(2005/C 217/64)

(Language of the case: German)

(2005/C 217/67)

(Language of the case: French)

By order of 8 June 2005 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-81/04 (Reference for a preliminary ruling
Arbeitsgericht Berlin): Veronika Richert v VK GmbH Service
Gesellschaft für Vermögenszuordnung und Kommunalisierung
mbH.

By order of 27 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-337/04 Commission of the European
Communities v French Republic.

(1) OJ C 239 of 25.09.2004.

(1) OJ C 106 of 30.04.2004.

Removal from the register of Case C-256/04 (1)

(2005/C 217/65)

(Language of the case: Greek)

By order of 16 June 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-256/04: Commission of the European
Communities v Hellenic Republic.

Removal from the register of Joined Cases C-362/04, C-
363/04, C-364/04 and C-365/04 (1)

(2005/C 217/68)

(Language of the case: Greek)

By order of 21 June 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Joined Cases C-362/04, C-363/04, C-364/04 and
C-365/04 (Reference for a preliminary ruling Symvoulio tis
Epikrateias): Michaniki A.E., Tholos A.E. v Ypourgos Poli-
tismou, Ypourgos Perivallontos, Chorotaxias and Dimosion
Ergon.

(1) OJ C 239 of 25.09.2004.

(1) OJ C 273 of 06.11.2004.
OJ C 284 of 20.11.2004.

Removal from the register of Case C-319/04 (1)

Removal from the register of Case C-370/04 (1)

(2005/C 217/66)

(Language of the case: French)

(2005/C 217/69)

(Language of the case: German)

By order of 7 July 2005, the President of the Sixth Chamber of
the Court of Justice of the European Communities has ordered
the removal from the register of Case C-319/04 Commission of
the European Communities v French Republic.

By order of 6 June 2005 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-370/04: Commission of
Communities v Federal Republic of Germany.

(1) OJ C 228 of 11.09.2004.

(1) OJ C 262 of 23.10.2004.
Removal from the Register of Case T-57/97
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for failure to act, agricultural quota, dairy production, indemnification, regulation of agricultural production

C 217/62

EN

Official Journal of the European Union

3.9.2005

Removal from the Register of Case T-51/97 (1)

Removal from the Register of Case T-55/97 (1)

(2005/C 217/122)

(2005/C 217/125)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-51/97 G J
Meijer v Council of the European Union and Commission of the
European Communities be removed from the register.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-55/97, C.H.L.
Wijnen v Council of the European Union and Commission of
the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.

Removal from the Register of Case T-53/97 (1)

Removal from the Register of Case T-56/97 (1)

(2005/C 217/123)

(2005/C 217/126)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-53/97, B.J.G.
Oude Kotte v Council of the European Union and Commission
of the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
from the Register of Case T-56/97,
ordered the removal
W.C.G.M. Stoffelen v Council of
the European Union and
Commission of the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.

Removal from the Register of Case T-54/97 (1)

Removal from the Register of Case T-57/97 (1)

(2005/C 217/124)

(2005/C 217/127)

(Language of the case: Dutch)

(Language of the case: Dutch)

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-54/97, H.J.
Leemkuil v Council of the European Union and Commission of
the European Communities.

By order of 16 June 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-57/97,
R. Dusselaar v Council of the European Union and Commission
of the European Communities.

(1) OJ C 142 of 10.5.1997.

(1) OJ C 142 of 10.5.1997.
Case T-274/05: Action brought on 20 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hand tool, trade-mark law

C 217/56

EN

Official Journal of the European Union

3.9.2005

Action brought on 20 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

(Case T-274/05)

(2005/C 217/114)

Decision of
of Appeal:

the Board

Annuls the contested decision and
remits the case to the Opposition
Division for further prosecution

(Language in which the application was lodged: English)

Pleas in law:

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 20
July 2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

Atlas Copco Aktiebolag established in Stockholm (Sweden),
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the contested decision of the First Board of Appeal of

the OHIM of 3 May 2005 (Case R 788/2004-1);

— declare opposition proceedings B622 318 inadmissible;

— order that the costs occasioned by the applicant in the
course of the present proceedings and its appeal be borne
by the OHIM.

Pleas in law and main arguments

that

have

claims

applicant

The
the
been
should
opposition
declared inadmissible as it did not
identify
the
earlier marks and signs relied on,
in violation of Rule 18(1) of Regu-
lation No. 2868/1995 (1).

sufficiently

clearly

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark, OJ L 303, 15/12/1995, p. 1

Action brought on 20 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-275/05)

(2005/C 217/115)

Applicant
munity trade mark:

for

Com-

The applicant

(Language in which the application was lodged: English)

Community trade mark
concerned:

Colour mark in black and yellow
in Class 7 (manually operated
portable electric power tools etc.)

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

Trade mark or
cited in opposition:

sign

Atlas Copco Aktiebolag

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 20
July 2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

Non-registered trade marks and
signs, used in the course of trade
in all Member States for power
tools

Atlas Copco Aktiebolag established in Stockholm (Sweden),
was also a party to the proceedings before the Board of
Appeal.
Removal from the register of Case C-387/04
Date: 2005-09-03
Institutions: Court of Justice
Subjects: civil procedure, financial solvency, interpretation of the law, jurisdiction, law of obligations

3.9.2005

EN

Official Journal of the European Union

C 217/33

Removal from the register of Case C-387/04 (1)

Removal from the register of Case C-497/04 (1)

(2005/C 217/70)

(2005/C 217/73)

(Language of the case: German)

(Language of the case: Greek)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-387/04 (Reference for a preliminary
ruling Amtsgericht Dresden): Volker Donath.

By order of 13 June 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-497/04: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 262 of 23.10.2004.

(1) OJ C 31 of 5.02.2005.

Removal from the register of Case C-396/04 (1)

Removal from the register of Case C-498/04 (1)

(2005/C 217/71)

(2005/C 217/74)

(Language of the case: Finnish)

(Language of the case: Greek)

By order of 12 May 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-396/04: Commission of the European
Communities v Republic of Finland.

By order of 13 June 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-498/04: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 273 6.11.2004.

(1) OJ C 31 of 5.02.2005.

Removal from the register of Case C-424/04 (1)

Removal from the register of Case C-511/04 (1)

(2005/C 217/72)

(2005/C 217/75)

(Language of the case: French)

(Language of the case: Portuguese)

By order of 17 May 2005 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-424/04: Commission of the European
Communities v French Republic.

By order of 4 May 2005 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-511/04: Commission of
Communities v Portuguese Republic.

(1) OJ C 300 of 4.12.2004.

(1) OJ C 45 of 19.02.2005.
Prior notification of a concentration (Case COMP/M.3876 — Diester Industrie/Bunge/JV) Text with EEA relevance
Date: 2005-09-03
Institutions: European Commission
Subjects: agro-industry, economic concentration, merger control, substitute fuel

3.9.2005

EN

Official Journal of the European Union

C 216/3

Prior notification of a concentration

(Case COMP/M.3876 — Diester Industrie/Bunge/JV)

(2005/C 216/03)

(Text with EEA relevance)

1.
On 26 August 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 Diester SAS (‘Diester’,
France), controlled by Sofiproteol (‘Sofiproteol’, France), and Koninklijke Bunge BV (The Netherlands),
controlled by Bunge Limited (‘Bunge’, Bermuda), acquire within the meaning of Article 3(1)(b) of the
Council Regulation joint control of the undertaking Diester Industrie International (‘D2I’, France) by way of
purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

— for Diester: production and sale of bio-diesel and glycerin;

— for Sofiproteol: financial institution active in the vegetable oil and protein sector;

— for Bunge: group active worldwide in the agricultural business, including oilseed trading and processing

and production and sale of bio-diesel;

— for D2I: production and sale of bio-diesel and glycerin.

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.3876 — Diester Industrie/Bunge/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.
Order of the Court of First Instance of 20 June 2005 in Case T-361/02 Deutsche Bahn AG v Commission of the European Communities (State aid — Competitor's complaint — Action for failure to act — Position taken — Manifest inadmissibility)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), action for annulment (EU), aviation fuel, fuel tax, tax exemption

C 217/40

EN

Official Journal of the European Union

3.9.2005

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 20 June 2005

of 27 June 2005

in Case T-361/02 Deutsche Bahn AG v Commission of the
European Communities (1)

in Case T-384/03 Reti Televisive Italiane SpA (RTI) v
Office for Harmonisation in the Internal Market (Trade
Marks and Design) (OHIM) (1)

(State aid — Competitor's complaint — Action for failure to
act — Position taken — Manifest inadmissibility)

(Community trade mark — Opposition — Withdrawal of
opposition — No requirement to adjudicate)

(2005/C 217/88)

(Language of the case: German)

(2005/C 217/89)

(Language of the case: Italian)

In Case T-361/02: Deutsche Bahn AG, established in Berlin
(Germany), represented by M. Schütte, lawyer, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents: V. Kreuschitz and V. Di Bucci, with
an address for service in Luxembourg), supported by the
Council of the European Union (Agents: A.-M. Colaert and F.
Florindo Gijón) — action for failure to act, seeking a declara-
tion that the Commission unlawfully failed to adopt a decision
on the applicant's complaint of 5 July 2002 — the Court of
Extended Composition),
First
composed of B. Vesterdorf, President,
J.D. Cook, R. García-
Valdecasas, I. Labucka and V. Trstenjak, Judges; H. Jung, Regis-
trar, made an order on 20 June 2005, the operative part of
which is as follows:

(First Chamber,

Instance

In Case T-384/03: Reti Televisive Italiane SpA (RTI), established
in Rome (Italy), represented by G. Folridia and R. Floridia,
lawyers, against Office for Harmonisation in the Internal
Market (Trade Marks and Design) (OHIM) (Agents: O. Montalto
and M. Luce Capostagno), the other party to the proceedings
before the OHIM Board of Appeal being Microarea SpA, estab-
lished in Genoa (Italy), represented by E. Itri, lawyer — action
against the decision of 11 September 2003 of the First Board
of Appeal of OHIM (Case R/894/2002-1)
in relation to an
opposition procedure between Reti Televisive Italiane and
Microaerea SpA — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, J. Azizi and E. Cremona,
Judges; H. Jung, Registrar, made an order on 27 June 2005, the
operative part of which is as follows:

1. The application is dismissed as manifestly inadmissible.

1. There is no need to adjudicate on the application.

2. The applicant, in addition to bearing its own costs, shall pay

those incurred by the Commission.

2. The parties shall bear their own costs.

(1) OJ C 44 of 22.2.2003

(1) OJ C 21 of 24.1.2004
Prior notification of a concentration (Case COMP/M.3941 — Advent/CCS) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-09-03
Institutions: European Commission
Subjects: economic concentration, electronic money, electronics industry, investment company, merger control

C 216/4

EN

Official Journal of the European Union

3.9.2005

Prior notification of a concentration

(Case COMP/M.3941 — Advent/CCS)

Candidate case for simplified procedure

(2005/C 216/04)

(Text with EEA relevance)

1.
On 29 August 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 Advent International
Corporation (‘Advent’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation
control of the whole of the undertaking Česká společnost pro platební karty (‘CCS’, Czech Republic) by
way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Advent: private equity investor,

— for undertaking CCS: card payment systems.

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.3941 — Advent/CCS, 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) OJ C 56, 5.3.2005, p. 32.