do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-123/05
Date: 2005-12-24
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, award of contract, competition law, public contract, services contract, supplies contract

24.12.2005

EN

Official Journal of the European Union

C 330/13

Removal from the register of Case C-44/05 (1)

Removal from the register of Case C-86/05 (1)

(2005/C 330/30)

(2005/C 330/33)

Language of the case: Italian

Language of the case: Italian

By order of 6 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-44/05: Commission of the Euro-
pean Communities v Italian Republic.

By order of 7 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-86/05: Commission of the Euro-
pean Communities v Italian Republic.

(1) OJ C 82, 2.4.2005.

(1) OJ C 93, 16.4.2005.

Removal from the register of Case C-55/05 (1)

Removal from the register of Case C-95/05 (1)

(2005/C 330/31)

(2005/C 330/34)

Language of the case: Finnish

Language of the case: Greek

By order of 16 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-55/05 Commission of the European
Communities v Republic of Finland.

By order of 20 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-95/05 Commission of the European
Communities v Hellenic Republic.

(1) OJ C 82, 2.4.2005.

(1) OJ C 93, 16.4.2005.

Removal from the register of Case C-84/05 (1)

Removal from the register of Case C-123/05 (1)

(2005/C 330/32)

(2005/C 330/35)

Language of the case: Italian

Language of the case: Italian

By order of 7 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-84/05: Commission of the Euro-
pean Communities v Italian Republic.

By order of 6 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-123/05 Commission of the Euro-
pean Communities v Italian Republic.

(1) OJ C 93, 16.4.2005.

(1) OJ C 115, 14.5.2005.
Removal from the register of Case C-95/05
Date: 2005-12-24
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, information system, maritime safety, maritime transport, pollution from ships, transport of dangerous goods

24.12.2005

EN

Official Journal of the European Union

C 330/13

Removal from the register of Case C-44/05 (1)

Removal from the register of Case C-86/05 (1)

(2005/C 330/30)

(2005/C 330/33)

Language of the case: Italian

Language of the case: Italian

By order of 6 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-44/05: Commission of the Euro-
pean Communities v Italian Republic.

By order of 7 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-86/05: Commission of the Euro-
pean Communities v Italian Republic.

(1) OJ C 82, 2.4.2005.

(1) OJ C 93, 16.4.2005.

Removal from the register of Case C-55/05 (1)

Removal from the register of Case C-95/05 (1)

(2005/C 330/31)

(2005/C 330/34)

Language of the case: Finnish

Language of the case: Greek

By order of 16 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-55/05 Commission of the European
Communities v Republic of Finland.

By order of 20 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-95/05 Commission of the European
Communities v Hellenic Republic.

(1) OJ C 82, 2.4.2005.

(1) OJ C 93, 16.4.2005.

Removal from the register of Case C-84/05 (1)

Removal from the register of Case C-123/05 (1)

(2005/C 330/32)

(2005/C 330/35)

Language of the case: Italian

Language of the case: Italian

By order of 7 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-84/05: Commission of the Euro-
pean Communities v Italian Republic.

By order of 6 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-123/05 Commission of the Euro-
pean Communities v Italian Republic.

(1) OJ C 93, 16.4.2005.

(1) OJ C 115, 14.5.2005.
Case T-258/99: Order of the Court of First Instance of  20 September 2005  — Makro Cash & Carry Nederland v Commission (State aid — Commission notice on the de minimis rule for State aid — Service stations — Risk of cumulation of aid — Aid covered by the notice — Legal interest in bringing proceedings)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: Netherlands, State aid, action for annulment (EU), control of State aid, distributive trades, petrol

C 330/22

EN

Official Journal of the European Union

24.12.2005

Defendant(s): Commission of the European Communities (repre-
sented by: L. Lozano Palacios and H. Krämer, Agents)

2. Orders the applicant to pay the costs.

Application for

(1) OJ C 262, 23.10.2004.

Annulment of the decision of the Commission confirming the
applicant's career development report for the period from 1
July 2001 to 31 December 2002 and payment of symbolic
damages for the non-material damage alleged

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 106, 30.4.2004.

Order of the Court of First Instance of 20 September 2005
— Makro Cash & Carry Nederland v Commission

(Case T-258/99) (1)

(State aid — Commission notice on the de minimis rule for
State aid — Service stations — Risk of cumulation of aid —
interest in bringing
Aid covered by the notice — Legal

proceedings)

(2005/C 330/55)

Language of the case: Dutch

Judgment of the Court of First Instance of 27 October
2005 — Eden v OHIM

(Case T-305/04) (1)

Parties

(Community trade mark — Olfactory mark: Smell of ripe
strawberries — Absolute ground for refusal — Sign not
capable of being represented graphically — Article 7(1)(a) of
Regulation (EC) No 40/94)

(2005/C 330/54)

Language of the case: French

Applicant(s): Makro Cash & Carry Nederland BV (Amsterdam,
Netherlands) (represented by: I. Cath, K. Tattersall and R. Blaau-
boer, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: initially G. Rozet and H. Speyart, Agents, assisted by
J.C.M. van der Beek and L. Hancher, lawyers, and subsequently
G. Rozet and H. van Vliet, Agents)

Parties

Application for

Applicant(s): Eden SARL (Paris, France)
Antoine-Lalance, avocat)

(represented by M.

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by A. Folliard-
Monguiral, Agent)

Annulment of Commission Decision 1999/705/EC of 20 July
1999 on the State aid implemented by the Netherlands for 633
Dutch service stations located near the German border (OJ
1999 L 280, p. 87)

Application for

Operative part of the Order

annulment of the decision of the First Board of Appeal of
OHIM of 24 May 2004 (Case R 591/2003-1) concerning regis-
tration of the olfactory sign, Smell of ripe strawberries, as a
Community trade mark

1. The action is dismissed as inadmissible;

2. The applicant shall bear the costs.

Operative part of the judgment

(1) OJ C 34, 5.2.2000.

The Court:

1. Dismisses the action;
Removal from the register of Case C-160/05
Date: 2005-12-24
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, contract, financial legislation, financial solvency

C 330/14

EN

Official Journal of the European Union

24.12.2005

Removal from the register of Case C-156/05 (1)

Removal from the register of Case C-160/05 (1)

(2005/C 330/36)

Language of the case: Greek

By order of 26 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-156/05: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 132, 28.5.2005.

(2005/C 330/37)

Language of the case: French

By order of 4 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-160/05: Commission of the Euro-
pean Communities v French Republic.

(1) OJ C 115, 14.5.2005.
Prior notification of a concentration (Case COMP/M.4086 — Charterhouse/Nocibé) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-12-24
Institutions: European Commission
Subjects: chain store, cosmetic product, economic concentration, investment company, merger control

24.12.2005

EN

Official Journal of the European Union

C 329/9

Prior notification of a concentration

(Case COMP/M.4086 — Charterhouse/Nocibé)

Candidate case for simplified procedure

(2005/C 329/07)

(Text with EEA relevance)

1.
On 16 December 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 Charterhouse
Capital Limited (‘Charterhouse’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the
Council Regulation control of the whole of the undertaking Nocibé Group (‘Nocibé’, France) by way of
purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Charterhouse: provide equity capital and fund management services,

— for Nocibé: retail of luxury perfumes, beauty products, cosmetics and parapharmacy products.

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.4086 — Charterhouse/Nocibé, to the following address:

European Commission
Competition DG
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.
Case T-51/04: Judgment of the Court of First Instance of  18 October 2005  — Leite Mateus v Commission (Officials — Career development report — Assessment period 2001/2002)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, staff assessment

24.12.2005

EN

Official Journal of the European Union

C 330/21

Operative part of the judgment

The Court:

1) Annuls the decision adopting the career development report of Ms
Marie-José Reinard in respect of the period from 1 July 2001 to
31 December 2002;

2) Dismisses the remainder of the action;

3) Orders the Commission to pay, in addition to its own costs, those

incurred by Ms Reinard;

4) Orders Mr Mohammad Reza Fardoom to bear his own costs.

(1) OJ C 94, 17.4.2004.

Judgment of the Court of First Instance of 18 October
2005 — Leite Mateus v Commission

(Case T-51/04) (1)

(Officials — Career development

report — Assessment

period 2001/2002)

(2005/C 330/52)

Language of the case: French

Parties

Applicant(s): Carlos Alberto Leite Mateus (Zaventem, Belgium)
J.-N. Louis and E.
(represented by: S. Orlandi, A. Coolen,
Marchal, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, Agents)

Judgment of the Court of First Instance of 25 October
2005 — Micha v Commission

Application for

(Case T-50/04) (1)

(Officials — Reporting procedure for 1999/2001 — Staff
report — Action for annulment — Obligation to state
reasons — Manifest error of assessment — Delay in drawing
up staff report)

(2005/C 330/51)

Language of the case: French

Parties

Applicant(s): Emmanuel Micha (Roeser, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and L. Lozano Palacios, Agents)

Application for

Annulment of the decision drawing up a definitive staff report
for the applicant for the period from 1 July 1999 to 30 June
2001

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the Commission to pay its own costs in addition to two

thirds of the costs incurred by the applicant.

Annulment of the appeal assessor's decision of 14 March 2003,
setting out the applicant's career development report for the
assessment period 2001/2002.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the parties to bear their own costs.

(1) OJ C 94, 17.4.2004

Judgment of the Court of First Instance of 25 October
2005 — Cwik v Commission

(Case T-96/04) (1)

(Officials — Evaluation exercise 2001/2002 — Career devel-
opment report — Application for annulment — Plea of illeg-
ality — Manifest errors of assessment — Errors of fact —
Psychological harassment — Compensation for damage
suffered — Non-material damage)

(2005/C 330/53)

Language of the case: French

(1) OJ C 94, 17.4.2004.

Parties

Applicant(s): Michael Cwik (Tervuren, Belgium) (represented by:
N. Lhoëst and E. de Schietere de Lophem, lawyers)
Case T-305/04: Judgment of the Court of First Instance of  27 October 2005  — Eden v OHIM (Community trade mark — Olfactory mark: Smell of ripe strawberries — Absolute ground for refusal — Sign not capable of being represented graphically — Article 7(1)(a) of Regulation (EC) No 40/94)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

C 330/22

EN

Official Journal of the European Union

24.12.2005

Defendant(s): Commission of the European Communities (repre-
sented by: L. Lozano Palacios and H. Krämer, Agents)

2. Orders the applicant to pay the costs.

Application for

(1) OJ C 262, 23.10.2004.

Annulment of the decision of the Commission confirming the
applicant's career development report for the period from 1
July 2001 to 31 December 2002 and payment of symbolic
damages for the non-material damage alleged

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 106, 30.4.2004.

Order of the Court of First Instance of 20 September 2005
— Makro Cash & Carry Nederland v Commission

(Case T-258/99) (1)

(State aid — Commission notice on the de minimis rule for
State aid — Service stations — Risk of cumulation of aid —
interest in bringing
Aid covered by the notice — Legal

proceedings)

(2005/C 330/55)

Language of the case: Dutch

Judgment of the Court of First Instance of 27 October
2005 — Eden v OHIM

(Case T-305/04) (1)

Parties

(Community trade mark — Olfactory mark: Smell of ripe
strawberries — Absolute ground for refusal — Sign not
capable of being represented graphically — Article 7(1)(a) of
Regulation (EC) No 40/94)

(2005/C 330/54)

Language of the case: French

Applicant(s): Makro Cash & Carry Nederland BV (Amsterdam,
Netherlands) (represented by: I. Cath, K. Tattersall and R. Blaau-
boer, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: initially G. Rozet and H. Speyart, Agents, assisted by
J.C.M. van der Beek and L. Hancher, lawyers, and subsequently
G. Rozet and H. van Vliet, Agents)

Parties

Application for

Applicant(s): Eden SARL (Paris, France)
Antoine-Lalance, avocat)

(represented by M.

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by A. Folliard-
Monguiral, Agent)

Annulment of Commission Decision 1999/705/EC of 20 July
1999 on the State aid implemented by the Netherlands for 633
Dutch service stations located near the German border (OJ
1999 L 280, p. 87)

Application for

Operative part of the Order

annulment of the decision of the First Board of Appeal of
OHIM of 24 May 2004 (Case R 591/2003-1) concerning regis-
tration of the olfactory sign, Smell of ripe strawberries, as a
Community trade mark

1. The action is dismissed as inadmissible;

2. The applicant shall bear the costs.

Operative part of the judgment

(1) OJ C 34, 5.2.2000.

The Court:

1. Dismisses the action;
Removal from the register of Case C-156/05
Date: 2005-12-24
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, arrangement of working time, labour law, transport staff

C 330/14

EN

Official Journal of the European Union

24.12.2005

Removal from the register of Case C-156/05 (1)

Removal from the register of Case C-160/05 (1)

(2005/C 330/36)

Language of the case: Greek

By order of 26 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-156/05: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 132, 28.5.2005.

(2005/C 330/37)

Language of the case: French

By order of 4 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-160/05: Commission of the Euro-
pean Communities v French Republic.

(1) OJ C 115, 14.5.2005.
Removal from the register of Case C-485/04
Date: 2005-12-24
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, diesel fuel, environmental protection, motor fuel, motor vehicle, petrol

C 330/12

EN

Official Journal of the European Union

24.12.2005

Removal from the register of Case C-400/04 (1)

Removal from the register of Case C-472/04 (1)

(2005/C 330/24)

(2005/C 330/27)

Language of the case: Dutch

Language of the case: Italian

By order of 19 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-400/04: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

By order of 7 September 2005, the President of the Court of
Justice (Fifth Chamber) of
the European Communities has
ordered the removal
from the register of Case C-472/04:
Commission of the European Communities v Italian Republic.

(1) OJ C 273, 6.11.2005.

(1) OJ C 6, 8.1.2005.

Removal from the register of Case C-402/04 (1)

Removal from the register of Case C-483/04 (1)

(2005/C 330/25)

(2005/C 330/28)

Language of the case: French

Language of the case: Italian

By order of 4 October 2005, the President of the Court of
the European Communities has
Justice (Fifth Chamber) of
ordered the removal
from the register of Case C-402/04:
Commission of the European Communities v French Republic.

By order of 8 September 2005, the President of the Court of
Justice (Fifth Chamber) of
the European Communities has
ordered the removal
from the register of Case C-483/04:
Commission of the European Communities v Italian Republic.

(1) OJ C 273, 6.11.2004.

(1) OJ C 19, 20.1.2005.

Removal from the register of Case C-450/04 (1)

Removal from the register of Case C-485/04 (1)

(2005/C 330/26)

(2005/C 330/29)

Language of the case: French

Language of the case: Italian

By order of 28 September 2005, the President of the Court of
Justice (Fourth Chamber) of the European Communities has
from the register of Case C-450/04:
ordered the removal
Commission of the European Communities v French Republic.

By order of 12 September 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-485/04: Commission of the Euro-
pean Communities v Italian Republic.

(1) OJ C 314, 18.12.2004.

(1) OJ C 31, 5.2.2005.
Commission communication in the framework of the implementation of Commission Directive 95/13/EC   (Text with EEA relevance)
Date: 2005-12-24
Institutions: European Commission
Subjects: European standard, household electrical appliance, technical standard

C 329/8

EN

Official Journal of the European Union

24.12.2005

Commission communication in the framework of the implementation of Commission Directive
95/13/EC

(2005/C 329/06)

(Text with EEA relevance)

Publication of titles and references of harmonized standards under the directive

Reference and title of the standard
(Reference document)

Reference of the superseded
standard

Date of cessation of use of the
superseded standard
Note 1

European
Standard-
isation
Organisa-
tion

CENELEC

EN 61121:1999
Tumble dryers for household use — Methods for measuring the perfor-
mance
(IEC 61121:1997 (Modified))

EN 61121:1993
+A11:1995
Note 2.1

Amendment A11:2000 to EN 61121:1999

Note 3

CENELEC

EN 61121:2005
Tumble dryers for household use — Methods for measuring the perfor-
mance
(IEC 61121:2002 (Modified))

EN 61121:1999
and its amendment
Note 2.1

Date expired
(1.10.1999)

Date expired
(1.1.2001)

1.12.2007

Note 1:

Note 2.1:

Note 3:

Generally the date of cessation of use will be the date of withdrawal (‘dow’), set by the Euro-
pean Standardisation Organisation, but attention of users of these standards is drawn to the
fact that in certain exceptional cases this can be otherwise.
The new (or amended) standard has the same scope as the superseded standard. On the date
stated, the superseded standard cannot be used any longer in the context of the directive.
In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments,
if any, and the new, quoted amendment. The superseded standard (column 4) therefore consists
of EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amend-
ment. On the date stated, the superseded standard cannot be used any longer in the context of
the directive.

Example: For EN 61121:1999, the following applies:

CENELEC

EN 61121:1999
Tumble dryers for household use — Methods for measuring the
performance
(IEC 61121:1997 (Modified))
[The referenced standard is EN 61121:1999]

EN 61121:1993
and its amendment
Note 2.1
[The superseded standard is
EN 61121:1993+A11:1995 to EN
61121:1993]

Amendment A11:2000 to EN 61121:1999
[The referenced standard is EN 61121:1999+A11:2000 to EN
61121:1999]

Note 3
[The superseded standard is
EN 61121:1999]

Date expired
(1.10.1999)

Date expired
(1.1.2001)