do-me/EUR-LEX huggingface dataset:
Case T-12/04: Judgment of the Court of First Instance of  30 November 2005  — Almdudler-Limonade v OHIM (Community trade mark — Three-dimensional mark — Shape of a lemonade bottle — Refusal to register — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), aerated drink, brand name, packaging product, trade-mark law

C 36/30

EN

Official Journal of the European Union

11.2.2006

Application for

partial annulment of Commission Decision 2003/437/EC of
11 December 2001 relating to a proceeding under Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Case
COMP/E-1/37.027 — Zinc phosphate) (OJ 2003 L 153, p. 1)
and, in the alternative, for reduction of the amount of the fine
imposed on the applicant

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant to pay the costs.

(1) OJ C 144, 15.6.2002.

Judgment of the Court of First Instance of 30 November
2005 — Almdudler-Limonade v OHIM

(Case T-12/04) (1)

(Community trade mark — Three-dimensional mark —
Shape of a lemonade bottle — Refusal to register — Article
7(1)(b) of Regulation (EC) No 40/94)

(2006/C 36/65)

Language of the case: German

Parties

Judgment of the Court of First Instance of 30 November
2005 — Vanlangendonck v Commission

Applicant: Almdudler-Limonade A. & S. Klein (Vienna, Austria)
(represented by: G. Schönherr, lawyer)

(Case T-361/03) (1)

(Officials — Open competition — Non-inclusion on the
reserve list — Infringement of the competition notice —
Equality of treatment)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: G. Schneider,
Agent)

(2006/C 36/64)

Language of the case: French

Action

Parties

Applicant(s):
(represented by: B. Laurent, lawyer)

Philippe Vanlangendonck (Overijse, Belgium)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent)

Application for

Annulment of the decision of the selection board in competi-
tion COM/A/10/01 not to include the applicant on the reserve
list of that competition and for damages

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 7, 10.1.2004.

brought against the decision of the Second Chamber of the
Board of Appeal of OHIM of 5 November 2003 (Case R
490/2003-2) in relation to the registration of a three-dimen-
sional mark in the shape of a lemonade bottle

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 106, 30.4.2004.
Removal from the register of Case C-541/03
Date: 2006-02-11
Institutions: Court of Justice
Subjects: Austria, Community migration, free movement of workers, interpretation of the law, public health, public order, public safety

11.2.2006

EN

Official Journal of the European Union

C 36/27

2. order the Italian Republic to pay the costs.

Removal from the register of Case C-147/05 (1)

Pleas in law and main arguments

The period for implementing the directive expired on 12 April
2004.

(1) OJ L 325, 12.12.2003, p. 31.
(2) OJ L 224, 18.8.1990, p. 19.
(3) OJ L 62, 15.3.1993, p. 38.

(2006/C 36/56)

Language of the case: Dutch

By order of 14 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-147/05: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 143, 11.6.2005.

Removal from the register of Case C-541/03 (1)

(2006/C 36/54)

(Language of the case: German)

By order of 7 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-541/03 (Reference for a preliminary
ruling from the Oberster Gerichtshof): Lambert Roodbeen v
Republic of Austria.

(1) OJ C 59, 06.03.2004.

Removal from the register of Case C-153/05 (1)

(2006/C 36/57)

Language of the case: German

By order of 11 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-153/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 143 of 11.6.2005.

Removal from the register of Case C-67/04 (1)

(2006/C 36/55)

Language of the case: Greek

By order of 10 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-67/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-204/05 (1)

(2006/C 36/58)

Language of the case: French

By order of 17 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-204/05: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 171, 09.07.2005.
Removal from the register of Case C-153/05
Date: 2006-02-11
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, airport, noise protection

11.2.2006

EN

Official Journal of the European Union

C 36/27

2. order the Italian Republic to pay the costs.

Removal from the register of Case C-147/05 (1)

Pleas in law and main arguments

The period for implementing the directive expired on 12 April
2004.

(1) OJ L 325, 12.12.2003, p. 31.
(2) OJ L 224, 18.8.1990, p. 19.
(3) OJ L 62, 15.3.1993, p. 38.

(2006/C 36/56)

Language of the case: Dutch

By order of 14 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-147/05: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 143, 11.6.2005.

Removal from the register of Case C-541/03 (1)

(2006/C 36/54)

(Language of the case: German)

By order of 7 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-541/03 (Reference for a preliminary
ruling from the Oberster Gerichtshof): Lambert Roodbeen v
Republic of Austria.

(1) OJ C 59, 06.03.2004.

Removal from the register of Case C-153/05 (1)

(2006/C 36/57)

Language of the case: German

By order of 11 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-153/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 143 of 11.6.2005.

Removal from the register of Case C-67/04 (1)

(2006/C 36/55)

Language of the case: Greek

By order of 10 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-67/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-204/05 (1)

(2006/C 36/58)

Language of the case: French

By order of 17 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-204/05: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 171, 09.07.2005.
Case T-48/02: Judgment of the Court of First Instance of  6 December 2005  — Brouwerij Haacht v Commission (Competition — Cartels — Fines — Guidelines on the method of setting fines — Effective capacity of the offender to cause significant damage to other operators — Attenuating circumstances — Leniency Notice)
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: Belgium, European Commission, action for annulment (EU), beverage industry, fine, unlawful agreement

C 36/28

EN

Official Journal of the European Union

11.2.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 29 November
2005 — Britannia Alloys & Chemicals Ltd v Commission

Judgment of the Court of First Instance of 6 December
2005 — Brouwerij Haacht v Commission

(Case T-33/02) (1)

(Case T-48/02) (1)

(Competition — Article 81 EC — Cartel — Zinc phosphate
market — Fine — Article 15(2) of Regulation No 17 —
Relevant turnover — Action for annulment)

(Competition — Cartels — Fines — Guidelines on the
method of setting fines — Effective capacity of the offender
to cause significant damage to other operators — Attenu-
ating circumstances — Leniency Notice)

(2006/C 36/59)

Language of the case: English

(2006/C 36/60)

Language of the case: Dutch

Parties

Parties

Applicant(s): Britannia Alloys & Chemicals Ltd (Gravesend,
United Kingdom) (represented by: S. Mobley, H. Bardell and M.
Commons, Solicitors)

Defendant(s): Commission of the European Communities (repre-
sented by: R. Wainwright and F. Castillo de la Torre, Agents)

Applicant: Brouwerij Haacht NV (Boortmeerbeek, Belgium)
(represented by: Y. van Gerven, F. Louis and H. Viaene,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet and W. Wils, Agents)

Application for

Application for

partial annulment of Commission Decision 2003/437/EC
relating to a proceeding under Article 81 of the EC Treaty and
Article 53 of the EEA Agreement (Case COMP/E-1/37.027 —
Zinc phosphate) (OJ 2003 L 153, p. 1) and, in the alternative,
for reduction of the amount of the fine imposed on the appli-
cant

annulment of, and in the alternative for a reduction in the fine
imposed on the applicant by, Article 4 of Commission Decision
2003/569/EC of 5 December 2001 relating to a proceeding
under Article 81 of the EC Treaty (Case IV/37.614/F3 PO/Inter-
brew and Alken-Maes) (OJ 2003 L 200, p. 1)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1) Dismisses the application;

1) Dismisses the application;

2) Orders the applicant to pay the costs.

2) Orders the applicant to pay the costs.

(1) OJ C 109, 4.5.2002.

(1) OJ C 109, 4.5.2002.