do-me/EUR-LEX huggingface dataset:
Case T-107/03: Judgment of the Court of First Instance of  18 January 2006  — Regione Marche v Commission (Integrated Mediterranean Programme (IMP) for the Marche Region (Italy) — Conclusion of financial assistance — Ineligible expenditure — Action for annulment — Absence of legal basis — Legitimate expectation — Failure to state grounds )
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: EU programme, European Commission, Integrated Mediterranean Programmes, action for annulment (EU), economic development, regional aid

25.3.2006

EN

Official Journal of the European Union

C 74/15

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 26 January
2006 — Stadtwerke Schwäbisch Hall and Others v
Commission

Judgment of the Court of First Instance of 18 January
2006 — Regione Marche v Commission

(Case T-92/02) (1)

(Case T-107/03) (1)

(State aid — tax exemption scheme applied to the reserves
established by nuclear installations established in Germany
for the purpose of eliminating their radioactive waste and the
definitive — Decision finding that there is no Sate aid at the
end of the preliminary examination procedure — Action for
annulment)

(Integrated Mediterranean Programme (IMP) for the Marche
Region (Italy) — Conclusion of financial assistance — Ineli-
gible expenditure — Action for annulment — Absence of
legal basis — Legitimate expectation — Failure to state
grounds )

(2006/C 74/29)

Language of the case: German

(2006/C 74/30)

Language of the case: Italian

Parties

Parties

Applicants: Stadtwerke Schwäbisch Hall GmbH (Schwäbisch
Hall, Germany), Stadtwerke Tübingen GmbH (Tübingen,
Germany) and Stadtwerke Uelzen GmbH (Uelzen, Germany)
(represented by: D. Fouquet, lawyer)

Applicant: Regione Marche (represented by: A. Pappalardo, M.
Merola and D. Domenicucci, lawyers)

Defendants: Commission of the European Communities (repre-
sented by: V. Kreuschitz, Agent)

Defendant: Commission of the European Communities (repre-
sented by: E. de March and L. Flynn, Agents, and A. Dal Ferro,
lawyer)

Interveners in support of the defendant: E.ON Kernkraft GmbH
(Hanover, Germany), RWE Power AG (Essen, Germany), EnBW
Energie Baden-Württemberg AG (Karlsruhe, Germany) and
Hamburgische Electricitäts-Werke AG (Hamburg, Germany)
(represented by: U. Karpenstein and D. Sellner, lawyers)

Application for

Application for

Annulment of Commission Decision C (2001) 3967 final of 11
December 2001

Annulment of the Commission decision of 18 December 2002
contained in a letter to the Italian Government by which the
Commission announced that it was concluding Community
financial assistance granted under the Integrated Mediterranean
Programme (IMP) for the Marche Region (Italy)

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Orders the applicants, in addition to bearing their own costs, to
pay those incurred by the Commission and by the interveners.

2. Orders the applicant, in addition to bearing its own costs, to pay

those incurred by the Commission.

(1) OJ C 144 of 15.6.2002.

(1) OJ C 124, 24.5.2003.
Case T -155/05: Order of the Court of First Instance of  11 January 2006  — Steinmetz v Commission
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, rights of civil servants

C 74/32

EN

Official Journal of the European Union

25.3.2006

Decision of the Board of Appeal: Annuls the decision of the oppo-
sition division and rejects the application

Order of the Court of First Instance of 19 January 2006 —
MobilCom v Commission

Pleas in law: Violation of Articles 63 (2) and 8 (5) of Regulation
No 40/94 as well
as Article 5.1.2. of Directive No.
89/104/CEE; the applicant submits that the earlier unregistered
word mark was not, in fact, invoked in the notice of opposi-
tion. It also contests the findings that the reputation of the
stock exchange index ‘nasdaq’ is the same as the reputation of
the trade mark of the same name. It finally submits that the
notion of reputation in Regulation 40/94 and Directive 89/104
is not the same as notoriety under the Paris Convention.

(Case T -397/04) (1)

(2006/C 74/61)

Language of the case: German

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 314, 18.12.2004.

Order of the Court of First Instance of 17 January 2006 —
Henkel v OHIM

(Case T -67/03) (1)

(2006/C 74/59)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 124, 24.5.2003.

Order of the Court of First Instance of 11 January 2006 —
Steinmetz v Commission

(Case T -155/05) (1)

(2006/C 74/62)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 155, 25.6.2005.

Order of the Court of First Instance of 6 February 2006 —
Datac v OHIM

(Case T -341/04) (1)

(2006/C 74/60)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 284, 20.11.2004.

Order of the Court of First Instance of 9 January 2006 —
Corsica Ferries France v Commission

(Case T -231/05) (1)

(2006/C 74/63)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 205, 20.8.2005.
Case T -341/04: Order of the Court of First Instance of  6 February 2006  — Datac v OHIM
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), computer, hiring, printing, software, trade licence, trade-mark law

C 74/32

EN

Official Journal of the European Union

25.3.2006

Decision of the Board of Appeal: Annuls the decision of the oppo-
sition division and rejects the application

Order of the Court of First Instance of 19 January 2006 —
MobilCom v Commission

Pleas in law: Violation of Articles 63 (2) and 8 (5) of Regulation
No 40/94 as well
as Article 5.1.2. of Directive No.
89/104/CEE; the applicant submits that the earlier unregistered
word mark was not, in fact, invoked in the notice of opposi-
tion. It also contests the findings that the reputation of the
stock exchange index ‘nasdaq’ is the same as the reputation of
the trade mark of the same name. It finally submits that the
notion of reputation in Regulation 40/94 and Directive 89/104
is not the same as notoriety under the Paris Convention.

(Case T -397/04) (1)

(2006/C 74/61)

Language of the case: German

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 314, 18.12.2004.

Order of the Court of First Instance of 17 January 2006 —
Henkel v OHIM

(Case T -67/03) (1)

(2006/C 74/59)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 124, 24.5.2003.

Order of the Court of First Instance of 11 January 2006 —
Steinmetz v Commission

(Case T -155/05) (1)

(2006/C 74/62)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 155, 25.6.2005.

Order of the Court of First Instance of 6 February 2006 —
Datac v OHIM

(Case T -341/04) (1)

(2006/C 74/60)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 284, 20.11.2004.

Order of the Court of First Instance of 9 January 2006 —
Corsica Ferries France v Commission

(Case T -231/05) (1)

(2006/C 74/63)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 205, 20.8.2005.
Case C-86/06: Action brought on  13 February 2006  by the Commission of the European Communities against the Hellenic Republic
Date: 2006-03-25
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, combustion gases, consumer information, energy consumption, motor car, motor fuel, motor vehicle pollution, national implementing measure

C 74/14

EN

Official Journal of the European Union

25.3.2006

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/4/EC (1)of the European Parliament and of the
Council of 28 January 2003 on public access to environ-
repealing Council Directive
mental
90/313/EEC, and in any event by failing to inform the
Commission thereof,
the Hellenic Republic has failed to
fulfil its obligations under that directive;

information and

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 14 February 2005.

transposing the directive into

(1) OJ L 41 of 14.2.2003, p. 26.

Action brought on 13 February 2006 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-86/06)

(2006/C 74/28)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 13 February
2006 by the Commission of the European Communities, repre-
sented by Amparo Alcover San Pedro and Minas Konstanti-
nidis, of its Legal Service, acting as Agents, 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
comply with
provisions necessary
Commission Directive 2003/73/EC (1) of 24 July 2003
amending Annex III to Directive 1999/94/EC, and in any
event by failing to inform the Commission thereof,
the
Hellenic Republic has failed to fulfil its obligations under
that directive;

to

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 25 July 2004.

transposing the directive into

(1) OJ L 186 of 25.07.2003, p. 34.
Case T -67/03: Order of the Court of First Instance of  17 January 2006  — Henkel v OHIM
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 74/32

EN

Official Journal of the European Union

25.3.2006

Decision of the Board of Appeal: Annuls the decision of the oppo-
sition division and rejects the application

Order of the Court of First Instance of 19 January 2006 —
MobilCom v Commission

Pleas in law: Violation of Articles 63 (2) and 8 (5) of Regulation
No 40/94 as well
as Article 5.1.2. of Directive No.
89/104/CEE; the applicant submits that the earlier unregistered
word mark was not, in fact, invoked in the notice of opposi-
tion. It also contests the findings that the reputation of the
stock exchange index ‘nasdaq’ is the same as the reputation of
the trade mark of the same name. It finally submits that the
notion of reputation in Regulation 40/94 and Directive 89/104
is not the same as notoriety under the Paris Convention.

(Case T -397/04) (1)

(2006/C 74/61)

Language of the case: German

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 314, 18.12.2004.

Order of the Court of First Instance of 17 January 2006 —
Henkel v OHIM

(Case T -67/03) (1)

(2006/C 74/59)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 124, 24.5.2003.

Order of the Court of First Instance of 11 January 2006 —
Steinmetz v Commission

(Case T -155/05) (1)

(2006/C 74/62)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 155, 25.6.2005.

Order of the Court of First Instance of 6 February 2006 —
Datac v OHIM

(Case T -341/04) (1)

(2006/C 74/60)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 284, 20.11.2004.

Order of the Court of First Instance of 9 January 2006 —
Corsica Ferries France v Commission

(Case T -231/05) (1)

(2006/C 74/63)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 205, 20.8.2005.
Case T -231/05: Order of the Court of First Instance of  9 January 2006  — Corsica Ferries France v Commission
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), aid for restructuring, company in difficulties, maritime transport

C 74/32

EN

Official Journal of the European Union

25.3.2006

Decision of the Board of Appeal: Annuls the decision of the oppo-
sition division and rejects the application

Order of the Court of First Instance of 19 January 2006 —
MobilCom v Commission

Pleas in law: Violation of Articles 63 (2) and 8 (5) of Regulation
No 40/94 as well
as Article 5.1.2. of Directive No.
89/104/CEE; the applicant submits that the earlier unregistered
word mark was not, in fact, invoked in the notice of opposi-
tion. It also contests the findings that the reputation of the
stock exchange index ‘nasdaq’ is the same as the reputation of
the trade mark of the same name. It finally submits that the
notion of reputation in Regulation 40/94 and Directive 89/104
is not the same as notoriety under the Paris Convention.

(Case T -397/04) (1)

(2006/C 74/61)

Language of the case: German

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 314, 18.12.2004.

Order of the Court of First Instance of 17 January 2006 —
Henkel v OHIM

(Case T -67/03) (1)

(2006/C 74/59)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 124, 24.5.2003.

Order of the Court of First Instance of 11 January 2006 —
Steinmetz v Commission

(Case T -155/05) (1)

(2006/C 74/62)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 155, 25.6.2005.

Order of the Court of First Instance of 6 February 2006 —
Datac v OHIM

(Case T -341/04) (1)

(2006/C 74/60)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 284, 20.11.2004.

Order of the Court of First Instance of 9 January 2006 —
Corsica Ferries France v Commission

(Case T -231/05) (1)

(2006/C 74/63)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 205, 20.8.2005.
Order revising the maximum fares on air routes subject to public service obligations between the Canary Islands   (Text with EEA relevance)
Date: 2006-03-25
Institutions: European Commission
Subjects: Canary Islands, air freight rate, air transport, airline, public service, transportation tariff

C 73/2

EN

Official Journal of the European Union

25.3.2006

Order revising the maximum fares on air routes subject to public service obligations between the
Canary Islands

(2006/C 73/02)

(Text with EEA relevance)

Cost increases due to the effect of fuel price changes, the change in the Consumer Price Index and aviation
fees and fares have prompted airlines to request an increase in the maximum fares stipulated in the
Council of Ministers' Agreement of 10 July 1998 applying public service obligations to Canary Island air
routes.

The annex to the abovementioned Agreement provides for the Minister for Internal Development to
change the maximum fares in proportion to the rise in costs if the price of costs affecting the operation of
these air services rise and at the proposal of the airlines, using the specific procedure in the Annex.

By virtue of and in accordance with the Agreement, it is hereby decided that:

The maximum fare set in paragraph 2(1) of the Annex to the Council of Minister's Agreement of 10 July
1998 for each route, on the outward journey, shall be as follows:

(a) Gran Canaria — Tenerife North: EUR 52

(b) Gran Canaria — Tenerife South: EUR 52

(c) Gran Canaria — Fuerteventura: EUR 60

(d) Gran Canaria — El Hierro: EUR 88

(e) Gran Canaria — Lanzarote: EUR 67

(f) Gran Canaria — La Palma: EUR 82

(g) Tenerife North — Fuerteventura: EUR 83

(h) Tenerife North — El Hierro: EUR 60

(i) Tenerife North — Lanzarote: EUR 88

(j) Tenerife North — La Palma: EUR 55

(k) La Palma Lanzarote: EUR 88

(l) Gran Canaria — La Gomera: EUR 82

(m) Tenerife North — La Gomera: EUR 60

This revision is to be notified to all carriers using these services.
Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 of  12 October 1992 , on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
Date: 2006-03-25
Institutions: European Commission
Subjects: customs regulations, exchange of information, tariff nomenclature

C 73/12

EN

Official Journal of the European Union

25.3.2006

Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 of 12
October 1992, on the information provided by the customs authorities of the Member States
concerning the classification of goods in the customs nomenclature

(2006/C 73/05)

Binding Tariff Information ceases to be valid from this day if it becomes incompatible with the interpreta-
tion of the customs nomenclature as a result of the following international tariff measures:

Amendments to the Harmonized System Explanatory Notes and the Compendium of Classification
Opinions, approved by the Customs Cooperation Council (CCC doc. NC0892, NC0938 — reports of the
34th and 35th Sessions of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER ARTICLE 8 PROCEDURE
OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE
OF THE WORLD CUSTOMS ORGANIZATION

(34th SESSION OF THE HSC IN SEPTEMBER 2004, 35th SESSION OF THE HSC IN MARCH 2005)

DOC. NC0892, NC0938

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention

HSC/35 — March 2005

0210.9

15.16

15.17

15.18

29.36

29.41

Chapter 29: List III, Precursors

34.07

42.02

73.04

73.12

83.06

84.24

84.79

85.24

Section XVII: General

95.07

96.03

O/25

O/5

O/5

O/5

O/16

O/6

O/8

O/4

O/11

O/23

O/12

O/13

O/9

O/9

O/24

O/12

O/13

O/22

Classification Opinions approved by the HS Committee

HSC/34 — September 2004

8471.80/7

8471.80/8

8525.30/1

IJ/10

IJ/10

IJ/10

25.3.2006

EN

Official Journal of the European Union

C 73/13

HSC/35 — March 2005

2106.90/24

3926.90/9

3926.90/10

4418.30/3

4418.30/4

4418.30/5

6405.20/1

8533.29/1

9503.90/3

9503.90/4

9504.90/1

O/15

O/17

O/17

O/18

O/18

O/18

O/19

O/20

O/14

O/14

O/21

Information regarding the contents of these measures can be obtained from the Directorate-General for
Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, B-1049 Brussels)
or can be downloaded from the internet site of this Directorate-General:

http://europa.eu.int/comm/taxation_customs/customs/customs_duties/tariff_aspects/harmonised_system/
index_en.htm
Case T -397/04: Order of the Court of First Instance of  19 January 2006  — MobilCom v Commission
Date: 2006-03-25
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), distance selling, mobile phone

C 74/32

EN

Official Journal of the European Union

25.3.2006

Decision of the Board of Appeal: Annuls the decision of the oppo-
sition division and rejects the application

Order of the Court of First Instance of 19 January 2006 —
MobilCom v Commission

Pleas in law: Violation of Articles 63 (2) and 8 (5) of Regulation
No 40/94 as well
as Article 5.1.2. of Directive No.
89/104/CEE; the applicant submits that the earlier unregistered
word mark was not, in fact, invoked in the notice of opposi-
tion. It also contests the findings that the reputation of the
stock exchange index ‘nasdaq’ is the same as the reputation of
the trade mark of the same name. It finally submits that the
notion of reputation in Regulation 40/94 and Directive 89/104
is not the same as notoriety under the Paris Convention.

(Case T -397/04) (1)

(2006/C 74/61)

Language of the case: German

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 314, 18.12.2004.

Order of the Court of First Instance of 17 January 2006 —
Henkel v OHIM

(Case T -67/03) (1)

(2006/C 74/59)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 124, 24.5.2003.

Order of the Court of First Instance of 11 January 2006 —
Steinmetz v Commission

(Case T -155/05) (1)

(2006/C 74/62)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 155, 25.6.2005.

Order of the Court of First Instance of 6 February 2006 —
Datac v OHIM

(Case T -341/04) (1)

(2006/C 74/60)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 284, 20.11.2004.

Order of the Court of First Instance of 9 January 2006 —
Corsica Ferries France v Commission

(Case T -231/05) (1)

(2006/C 74/63)

Language of the case: French

The President of the Third Chamber has ordered that the case
be removed from the register.

(1) OJ C 205, 20.8.2005.
Euro exchange rates
Date: 2006-03-25
Institutions: European Commission
Subjects: euro, exchange rate

25.3.2006

EN

Official Journal of the European Union

C 73/1

I

(Information)

COMMISSION

Euro exchange rates (1)

24 March 2006

(2006/C 73/01)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

LVL

MTL

PLN

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Maltese lira

Polish zloty

RON

Romanian leu

1,1969

141,52

7,4610

0,69080

9,3730

1,5763

87,80

7,9690

1,9558

0,5757

28,700

15,6466

264,48

3,4528

0,6961

0,4293

3,9075

3,5107

SIT

SKK

TRY

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD New Zealand dollar

SGD

Singapore dollar

239,56

37,583

1,6149

1,6894

1,3995

9,2875

1,9571

1,9400

KRW South Korean won

1 172,42

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,5827

9,6157

7,3250

Indonesian rupiah

10 915,73

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,424

61,281

33,3360

46,765

(1) Source:

reference exchange rate published by the ECB.