do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-121/05 P
Date: 2006-03-11
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), pulp and paper industry, trade-mark law, wood industry

11.3.2006

EN

Official Journal of the European Union

C 60/33

Removal from the register of Case C-58/05 (1)

Removal from the register of Case C-136/05 (1)

(2006/C 60/67)

Language of the case: Swedish

(2006/C 60/70)

(Language of the case: French)

By order of 22 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-58/05: Commission of the Euro-
pean Communities v Kingdom of Sweden.

By order of 7 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-136/05: Commission of the Euro-
pean Communities v Grand Duchy of Luxembourg.

(1) OJ C 93 of 16.04.2005.

(1) OJ C 115 of 14.05.2005.

Removal from the register of Case C-63/05 (1)

(2006/C 60/68)

(Language of the case: Greek)

By order of 14 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-63/05: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 82, 02. 04. 2005.

Removal from the register of Case C-159/05 (1)

(2006/C 60/71)

(Language of the case: French)

By order of 8 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-159/05: Commission of the Euro-
pean Communities v Grand Duchy of Luxembourg.

(1) OJ C 132, 28. 05. 2005.

Removal from the register of Case C-121/05 P (1)

(2006/C 60/69)

(Language of the case: German)

By order of 14 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-121/05 P: Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM) v
Deutsche Post EURO EXPRESS GmbH.

(1) OJ C 143, 11.06.2005.

Removal from the register of Case C-163/05 (1)

(2006/C 60/72)

(Language of the case: Portuguese)

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-163/05: Commission of the Euro-
pean Communities v Portuguese Republic.

(1) OJ C 132 of 28.05.2005.
Case F-130/05: Action brought on  31 December 2005  — Soares v Commission
Date: 2006-03-11
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, professional career, regulations for civil servants, staff assessment

11.3.2006

EN

Official Journal of the European Union

C 60/57

— In the alternative, order the Commission to recognise the
applicant as eligible for promotion to Grade C3 or C2 in
the next promotions year and order the Commission to
make compensation for the loss suffered by the applicant
through not having been classed in Grade C2 or C3 as
from 1 May 2004;

— In any event, order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official recruited after the reform
of the Staff Regulations but entered on the reserve list of a
competition published before that reform, pleads unlawfulness
of Article 2 of Annex XIII to the Staff Regulations, pursuant to
which she was classed in Grade C1, Step 2.

In support of her objection of illegality, the applicant claims
infringement of the principle of equivalence between the old
and the new career structure, laid down by Article 6 of the
Staff Regulations. The applicant argues that her career has been
slowed by her being classed in Grade C1.

The applicant also considers that she has been the victim of an
infringement of the principle of equal treatment in relation to
her colleagues in Grade C4 or C5 who were promoted before 1
May 2004.

the applicant argues infringement of

Finally,
the legitimate
expectation she was given that the new career structure would
not involve deterioration of her working conditions, infringe-
ment of her acquired rights, and misuse of powers.

Action brought on 31 December 2005 — Soares v
Commission

(Case F-130/05)

(2006/C 60/105)

Language of the case: French

Parties

Applicant: Carlos Alberto Soares (Brussels, Belgium) (represented
by: A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— Annul the Commission's decision of 19 September 2005,
rejecting the applicant's request seeking reconstitution of
his career

— Order the Commission to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant makes a single plea in
law claiming infringement of the principles of sound manage-
ment, sound administration and equal treatment, and of Article
45 of the Staff Regulations, in the version in force before 1
May 2004.

The applicant accuses the Commission of holding back his
career by not drawing up staff reports for the promotion years
1995 to 2000 and by not taking all measures capable of
repairing the damage that the applicant claims to have suffered
by reason of the absence of those staff reports.
Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers   (Text with EEA relevance)
Date: 2006-03-11
Institutions: European Commission
Subjects: Lithuania, air transport, carrier, transport licence

11.3.2006

EN

Official Journal of the European Union

C 59/7

Publication of decisions by Member States to grant or revoke operating licenses pursuant to
Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1) (2)

(2006/C 59/03)

(Text with EEA relevance)

LITHUANIA

Operating licences revoked

Category A: Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective
since

JSC ‘Aviakompanija Lietuva’/‘Air
Lithuania’

Kaunas airport
LT-54085 Karmelava
Kaunas district

passengers, mail, cargo

10.2.2006

(1) OJ L 240, 24.8.1992, p. 1.
(2) Communicated to the European Commission before 31.8.2005.
Removal from the register of Case C-8/04
Date: 2006-03-11
Institutions: Court of Justice
Subjects: European tax cooperation, interpretation of the law, tax relief, taxable income, worker (EU)

C 60/32

EN

Official Journal of the European Union

11.3.2006

Action brought on 30 January 2006 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-49/06)

(2006/C 60/62)

(Language of the case: French)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 30 January 2006 by the Commission of the European
Communities, represented by N. Yerrell, acting as Agent, with
an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 1999/37/EC of 29 April 1999 on the registration
documents
in any event, by not
informing the Commission of their adoption, the Grand
Duchy of Luxembourg has failed to fulfil
its obligations
under that directive;

for vehicles, (1) or,

2. order the Grand Duchy of Luxembourg to pay the costs.

Removal from the register of Case C-461/04 (1)

(2006/C 60/64)

(Language of the case: Dutch)

By order of 16 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-461/04: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 314 of 18.12.2004.

Removal from the register of Case C-468/04 (1)

(2006/C 60/65)

(Language of the case: Greek)

Pleas in law and main arguments

The period prescribed for implementing Directive 1999/37/EC
expired on 1 June 2004.

By order of 15 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-468/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ L 138 of 1.6.1999, p. 57

(1) OJ C 314 of 18.12.2004.

Removal from the register of Case C-8/04 (1)

Removal from the register of Case C-469/04 (1)

(2006/C 60/63)

(Language of the case: Dutch)

(2006/C 60/66)

(Language of the case: Greek)

By order of 15 December 2005, the President of the Fourth
Chamber of the Court of Justice of the European Communities
has ordered the removal
from the register of Case C-8/04
(Reference for a preliminary ruling Gerechtshof te 's-Hertogen-
bosch): E. Bujara v Inspecteur der Belastingdienst Limburg.

By order of 16 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-469/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 59, 06.03.2004.

(1) OJ C 314 of 18.12.2004.
Prior notification of a concentration (Case COMP/M.4163 — Wiener Städtische/TBIH) — Candidate case for simplified procedure Text with EEA relevance
Date: 2006-03-11
Institutions: European Commission
Subjects: economic concentration, insurance company, investment company, merger control

C 59/10

EN

Official Journal of the European Union

11.3.2006

Prior notification of a concentration

(Case COMP/M.4163 — Wiener Städtische/TBIH)

Candidate case for simplified procedure

(2006/C 59/05)

(Text with EEA relevance)

1.
On 3 March 2006, 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 Wiener Städtische Allge-
meine Versicherung AG (‘Wiener Städtische’, Austria) acquires within the meaning of Article 3(1)(b) of the
Council Regulation joint control of the undertaking TBIH Financial Services Group N.V. (‘TBIH’, The Neth-
erlands) by way of purchase of shares. After the transaction, TBIH will be jointly controlled by Wiener
Städtische, Kardan N.V. (‘Kardan’, The Netherlands), MidOcean Partners (‘MidOcean’, USA) and Englefield
Capital LLP (‘Englefield’, UK).

2.

The business activities of the undertakings concerned are:

— for Wiener Städtische: insurance services and other activities;

— for Kardan: investment group;

— for MidOcean: investment group;

— for Englefield: investment group;

— for TBIH:

insurance services, pension funds and lending/leasing/asset management in central and

eastern European states.

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.4163 — Wiener Städtische/TBIH, 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.
Removal from the register of Case C-163/05
Date: 2006-03-11
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, commercial vehicle, road transport, transport regulations, weight and size

11.3.2006

EN

Official Journal of the European Union

C 60/33

Removal from the register of Case C-58/05 (1)

Removal from the register of Case C-136/05 (1)

(2006/C 60/67)

Language of the case: Swedish

(2006/C 60/70)

(Language of the case: French)

By order of 22 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-58/05: Commission of the Euro-
pean Communities v Kingdom of Sweden.

By order of 7 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-136/05: Commission of the Euro-
pean Communities v Grand Duchy of Luxembourg.

(1) OJ C 93 of 16.04.2005.

(1) OJ C 115 of 14.05.2005.

Removal from the register of Case C-63/05 (1)

(2006/C 60/68)

(Language of the case: Greek)

By order of 14 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-63/05: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 82, 02. 04. 2005.

Removal from the register of Case C-159/05 (1)

(2006/C 60/71)

(Language of the case: French)

By order of 8 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-159/05: Commission of the Euro-
pean Communities v Grand Duchy of Luxembourg.

(1) OJ C 132, 28. 05. 2005.

Removal from the register of Case C-121/05 P (1)

(2006/C 60/69)

(Language of the case: German)

By order of 14 December 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-121/05 P: Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM) v
Deutsche Post EURO EXPRESS GmbH.

(1) OJ C 143, 11.06.2005.

Removal from the register of Case C-163/05 (1)

(2006/C 60/72)

(Language of the case: Portuguese)

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-163/05: Commission of the Euro-
pean Communities v Portuguese Republic.

(1) OJ C 132 of 28.05.2005.
Case C-49/06: Action brought on  30 January 2006  by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2006-03-11
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, technical standard, transport regulations, vehicle documents, vehicle registration

C 60/32

EN

Official Journal of the European Union

11.3.2006

Action brought on 30 January 2006 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-49/06)

(2006/C 60/62)

(Language of the case: French)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 30 January 2006 by the Commission of the European
Communities, represented by N. Yerrell, acting as Agent, with
an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 1999/37/EC of 29 April 1999 on the registration
documents
in any event, by not
informing the Commission of their adoption, the Grand
Duchy of Luxembourg has failed to fulfil
its obligations
under that directive;

for vehicles, (1) or,

2. order the Grand Duchy of Luxembourg to pay the costs.

Removal from the register of Case C-461/04 (1)

(2006/C 60/64)

(Language of the case: Dutch)

By order of 16 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-461/04: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 314 of 18.12.2004.

Removal from the register of Case C-468/04 (1)

(2006/C 60/65)

(Language of the case: Greek)

Pleas in law and main arguments

The period prescribed for implementing Directive 1999/37/EC
expired on 1 June 2004.

By order of 15 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-468/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ L 138 of 1.6.1999, p. 57

(1) OJ C 314 of 18.12.2004.

Removal from the register of Case C-8/04 (1)

Removal from the register of Case C-469/04 (1)

(2006/C 60/63)

(Language of the case: Dutch)

(2006/C 60/66)

(Language of the case: Greek)

By order of 15 December 2005, the President of the Fourth
Chamber of the Court of Justice of the European Communities
has ordered the removal
from the register of Case C-8/04
(Reference for a preliminary ruling Gerechtshof te 's-Hertogen-
bosch): E. Bujara v Inspecteur der Belastingdienst Limburg.

By order of 16 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-469/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 59, 06.03.2004.

(1) OJ C 314 of 18.12.2004.
Case T-262/04: Judgment of the Court of First Instance of  15 December 2005  — BIC v OHIM (Community trade mark — Three-dimensional trade mark in the shape of an electronic lighter — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired by use — Article 7(3) of Regulation (EC) No 40/94)
Date: 2006-03-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), manufactured goods, tobacco industry, trade-mark law

C 60/38

EN

Official Journal of the European Union

11.3.2006

Judgment of the Court of First Instance of 15 December
2005 — BIC v OHIM

Judgment of the Court of First Instance of 15 December
2005 — BIC v OHIM

(Case T-262/04) (1)

(Case T-263/04) (1)

(Community trade mark — Three-dimensional trade mark in
the shape of an electronic lighter — Absolute ground for
refusal — Distinctive character — Article 7(1)(b) of Regu-
lation (EC) No 40/94 — Distinctive character acquired by
use — Article 7(3) of Regulation (EC) No 40/94)

(Community trade mark — Three-dimensional trade mark in
the shape of a lighter with a flint — Absolute grounds for
refusal — Distinctive character — Article 7(1)(b) of Regu-
lation (EC) No 40/94 — Distinctive character acquired by
use — Article 7(3) of Regulation (EC) No 40/94)

(2006/C 60/74)

(2006/C 60/75)

Language of the case: French

Language of the case: French

Parties

Parties

Applicant: BIC SA (Clichy, France) (represented by: M.-P Escande
and A. Guillemin, lawyers)

Applicant(s): BIC SA (Clichy, France)
Escande and A. Guillemin, Lawyers)

(represented by: M.-P.

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

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

Action

Action

brought against the decision of the Fourth Chamber of the
Board of Appeal of OHIM of 6 April 2004 (Case R 468/2003-
4), in relation to the registration as a Community trade mark of
a three-dimensional trade mark in the shape of an electronic
lighter

brought against the decision of the Fourth Chamber of the
Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-
4), in relation to the registration as a Community trade mark of
a three-dimensional trade mark in the shape of a lighter with a
flint

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 251, 9.10.2004.

(1) OJ C 251, 9.10.2004.
Case T-263/04: Judgment of the Court of First Instance of  15 December 2005  — BIC v OHIM (Community trade mark — Three-dimensional trade mark in the shape of a lighter with a flint — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired by use — Article 7(3) of Regulation (EC) No 40/94)
Date: 2006-03-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), manufactured goods, tobacco industry, trade-mark law

C 60/38

EN

Official Journal of the European Union

11.3.2006

Judgment of the Court of First Instance of 15 December
2005 — BIC v OHIM

Judgment of the Court of First Instance of 15 December
2005 — BIC v OHIM

(Case T-262/04) (1)

(Case T-263/04) (1)

(Community trade mark — Three-dimensional trade mark in
the shape of an electronic lighter — Absolute ground for
refusal — Distinctive character — Article 7(1)(b) of Regu-
lation (EC) No 40/94 — Distinctive character acquired by
use — Article 7(3) of Regulation (EC) No 40/94)

(Community trade mark — Three-dimensional trade mark in
the shape of a lighter with a flint — Absolute grounds for
refusal — Distinctive character — Article 7(1)(b) of Regu-
lation (EC) No 40/94 — Distinctive character acquired by
use — Article 7(3) of Regulation (EC) No 40/94)

(2006/C 60/74)

(2006/C 60/75)

Language of the case: French

Language of the case: French

Parties

Parties

Applicant: BIC SA (Clichy, France) (represented by: M.-P Escande
and A. Guillemin, lawyers)

Applicant(s): BIC SA (Clichy, France)
Escande and A. Guillemin, Lawyers)

(represented by: M.-P.

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

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

Action

Action

brought against the decision of the Fourth Chamber of the
Board of Appeal of OHIM of 6 April 2004 (Case R 468/2003-
4), in relation to the registration as a Community trade mark of
a three-dimensional trade mark in the shape of an electronic
lighter

brought against the decision of the Fourth Chamber of the
Board of Appeal of OHIM of 6 April 2004 (Case R 469/2003-
4), in relation to the registration as a Community trade mark of
a three-dimensional trade mark in the shape of a lighter with a
flint

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 251, 9.10.2004.

(1) OJ C 251, 9.10.2004.