do-me/EUR-LEX huggingface dataset:
Case C-322/05 P: Order of the Court (Sixth Chamber) of  9 February 2006  — Hippocrate Vounakis v Commission of the European Communities (Appeal — Officials — Promotion — Article 90(2) of the Staff Regulations — Complaint — Time-limits — Appeal manifestly unfounded)
Date: 2006-07-01
Institutions: Court of Justice
Subjects: European Commission, European official, action for annulment (EU), appeal, dissemination of information, regulations for civil servants, staff assessment

C 154/4

EN

Official Journal of the European Union

1.7.2006

Order of the Court (Fourth Chamber) of 9 February 2006
(reference for a preliminary ruling from the Komárom-
Esztergom Megyei Bíróság) — Lakép Kft., Pár-Bau Kft.,
Rottelma Kft. v Komáron-Esztergom Megyei Közigazgatási
Hivatal

Order of the Court (Sixth Chamber) of 9 February 2006 —
the European
Hippocrate Vounakis v Commission of

Communities

(Case C-322/05 P) (1)

(Case C-261/05) (1)

(Appeal — Officials — Promotion — Article 90(2) of the
Staff Regulations — Complaint — Time-limits — Appeal
manifestly unfounded)

(Article 104(3), first subparagraph, of the Rules of Procedure
— Accession to the European Union — Sixth Directive
77/388/EEC — Application ratione temporis — Article 33
— Local tax on economic operations — Lack of jurisdiction
of the Court )

(2006/C 154/08)

Language of the case: French

(2006/C 154/07)

Parties

Language of the case: Hungarian

Appellant: Hippocrate Vounakis (represented by: S. Orlandi,
avocat)

Other party to the proceedings: Commission of the European
Communities (represented by: G. Berscheid and C. Berardis-
Keyser, Agents)

Parties

Re:

Applicants: Lakép Kft., Pár-Bau Kft., Rottelma Kft.

Defendant: Komáron-Esztergom Megyei Közigazgatási Hivatal

Appeal against the order of the Court of First Instance (Third
Chamber) of 2 June 2005 in Case T-326/03 Vounakis v
Commission rejecting, as inadmissible, an application to annul
the decision of the Commission not to promote the appellant
to grade A4 in the 2002 promotion exercise

Re:

Reference for a preliminary ruling — Komárom-Esztergom
Megyei Bíróság — Interpretation of Art. 33 of Sixth Council
Directive 77/388/EEC of 17 May 1977 on the harmonisation
of the laws of the Member States relating to turnover taxes —
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1) — Prohibition of taxes capable of
being characterised as turnover taxes — National rules author-
ising the local authorities to introduce a tax on economic
operations

Operative part of the order

The Court of Justice of the European Communities does not have the
jurisdiction to answer
referred by the Komárom-
Esztergom Megyei Bíróság.

the questions

(1) OJ C 205, 20.08.2005.

Operative part of the order

1. The appeal is dismissed;

2. Mr Vounakis is ordered to pay the costs.

(1) OJ C 257 of 15.10.2005.

Reference for a preliminary ruling from the Finanzgericht
des Landes Brandenburg lodged on 30 January 2006 —
Campina GmbH & G. formerly TUFFI Campina emzett
GmbH v Haupzollamt Frankfurt (Oder)

(Case C-45/06)

(2006/C 154/09)

Language of the case: German

Referring court

Finanzgericht des Landes Brandenburg (Germany)
Case C-323/05: Order of the President of the Court of  7 March 2006  — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2006-07-01
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, consumer protection, product safety

C 154/14

EN

Official Journal of the European Union

1.7.2006

Order of the President of the Court of 7 February 2006 —
Energy Technologies ET SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs), Aparellaje
eléctrico, SL

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Chancery Division) — Oakley Inc v Animal Ltd and
Others

(Case C-197/05 P) (1)

(2006/C 154/34)

Language of the case: English

(Case C-267/05) (1)

(2006/C 154/37)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 243, 1.10.2005.

(1) OJ C 229, 17.09.2005.

Order of the President of the Court of 15 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-218/05) (1)

(2006/C 154/35)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 7 March 2006 —
the European Communities v United
Commission of

Kingdom of Great Britain and Northern Ireland

(Case C-323/05) (1)

(2006/C 154/38)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 182, 23.07.2005.

(1) OJ C 271, 29.10.2005.

Order of the President of the Court of 7 February 2006 —
Commission of the European Communities v Kingdom of
the Netherlands

(Case C-247/05) (1)

(2006/C 154/36)

Language of the case: Dutch

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 217, 03.09.2005.

Order of the President of the Court of 16 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-413/05) (1)

(2006/C 154/39)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 22, 28.01.2006.
Prior notification of a concentration (Case COMP/M.4187 — Metso/Aker Kvaerner) Text with EEA relevance
Date: 2006-07-01
Institutions: European Commission
Subjects: chemical product, economic concentration, electrical energy, exchange of information, machine-tool industry, merger control, pulp and paper industry

1.7.2006

EN

Official Journal of the European Union

C 153/15

Prior notification of a concentration

(Case COMP/M.4187 — Metso/Aker Kvaerner)

(2006/C 153/05)

(Text with EEA relevance)

1.
On 23 June 2006, the Commission received a notification of a proposed concentration pursuant to
Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by
which the undertaking Metso Corporation (‘Metso’, Finland) acquires within the meaning of Article 3(1)(b)
of the Council Regulation control of parts of the undertaking Aker Kvaerner ASA (‘Aker Kvaerner’,
Sweden), i.e. Aker Kvaerner's pulping and power business (‘AKPP’), by way of purchase of shares and
assets.

2.

The business activities of the undertakings concerned are:

— for undertaking Metso: development and manufacturing of machinery, including pulping equipment,

and process engineering;

— for undertaking AKPP: supply of machines and systems to the chemical pulp industry.

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.4187 — Metso/Aker Kvaerner, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Case C-82/04 P: Order of the Court (Sixth Chamber) of  19 January 2006  — Audi AG v OHIM (Appeal — Community trade mark — Word mark  TDI  — Refusal of registration — Appeal which has become devoid of purpose — No need to adjudicate)
Date: 2006-07-01
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, action for annulment (EU), motor vehicle industry, trade mark, trade-mark law

1.7.2006

EN

Official Journal of the European Union

C 154/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Order of the Court (Sixth Chamber) of 19 January 2006 —
Audi AG v OHIM

Order of the Court (Sixth Chamber) of 16 February 2006
— Adriatica di Navigazione SpA v Commission of the
European Communities

(Case C-82/04 P) (1)

(Appeal — Community trade mark — Word mark ‘TDI’ —
Refusal of registration — Appeal which has become devoid
of purpose — No need to adjudicate)

(2006/C 154/01)

Language of the case: German

Parties

Applicant: Audi AG (represented by: L. von Zumbusch, avocat)

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

Re:

Appeal against the judgment of the Court of First Instance
(Second Chamber) of 3 December 2003 in Case T-16/02 Audi
v OHIM dismissing the action brought against decision R
652/2000-1 of
the First Board of Appeal of OHIM of 8
November 2001 refusing registration as a Community trade
mark of the word sign ‘TDI’ for certain goods in classes 12 and
37 — Descriptive nature as absolute ground for refusal —
Article 7(1)(c) of Council Regulation (EC) No 40/94 of 20
December 1993 on the Community trade mark (OJ 1994 L 11,
p. 1)

Operative part of the order

1. There is no need to adjudicate on the appeal brought by Audi

AG;

2. Audi AG is ordered to pay the costs of these proceedings.

(1) OJ C 106, 30.04.2004.

(Case C-111/04 P) (1)

(Appeal — Article 85(1) of the EC Treaty (now Article 81(1)
EC) — Competition — Cartels — Agreement between under-
takings — Proof of participation of an undertaking in a
cartel)

(2006/C 154/02)

Language of the case: Italian

Parties

Applicant: Adriatica di Navigazione SpA (represented by: M.
Siragusa and F. Moretti, lawyers)

Other party to the proceedings: Commission of the European
Communities (represented by: R. Lyal and L. Pignataro, Agents,
assisted by A. Dal Ferro, lawyer)

Re:

Appeal brought against the judgment of the Court of First
Instance (Fifth Chamber) of 11 December 2003 in Case T-61/
99 Adriatica
v Commission dismissing as
unfounded an action for annulment of the Commission's deci-
sion of 9 December 1998 relating to a proceeding under
Article 85 of the EC Treaty (IV/34466 — Greek Ferry Boats)

di Navigazione

Operative part of the order

1. The appeal is dismissed;

2. The cross-appeal of the Commission of the European Communities

is dismissed;

3. Adriatica di Navigazione SpA shall pay 90 % of the costs;
Case C-92/05: Order of the President of the Fifth Chamber of the Court of  26 January 2006  — Commission of the European Communities v French Republic
Date: 2006-07-01
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, bovine spongiform encephalopathy, material of animal origin, pharmaceutical legislation, pharmaceutical product, public health

1.7.2006

EN

Official Journal of the European Union

C 154/13

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Queen's Bench Division — Administrative Court) —
South Western Fish Producers' Organisation Ltd and
Others v Secretary of State for Environment, Food and
Rural Affairs

(Case C-388/04) (1)

(2006/C 154/28)

Language of the case: English

Order of the President of the Court of 23 March 2006 —
Galeries de Lisieux SA v Organic Recouvrement

(Case C-488/04) (1)

(2006/C 154/31)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 284, 20.11.2004.

Order of the President of the Court of 12 January 2006
(reference for a preliminary ruling from the Regerings-
rätten) — GöteborgsOperan AB v Skatteverket

(Case C-390/04) (1)

(2006/C 154/29)

Language of the case: Swedish

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Fifth Chamber of the Court
the European
of 26 January 2006 — Commission of

Communities v French Republic

(Case C-92/05) (1)

(2006/C 154/32)

Language of the case: French

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

(1) OJ C 273, 06.11.2004.

(1) OJ C 82, 02.04.2005.

Order of the President of the Court of 12 January 2006 —
the European Communities v Italian
Commission of

Order of the President of the Court of 11 January 2006 —
Commission of the European Communities v Hellenic
Republic

Republic

(Case C-477/04) (1)

(2006/C 154/30)

Language of the case: Italian

(Case C-182/05) (1)

(2006/C 154/33)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 155, 25.06.2005.
Case C-488/04: Order of the President of the Court of  23 March 2006  — Galeries de Lisieux SA v Organic Recouvrement
Date: 2006-07-01
Institutions: Court of Justice
Subjects: State aid, budgetary resources, interpretation of the law, pension scheme, retail outlet, social-security contribution, supermarket, tax system

1.7.2006

EN

Official Journal of the European Union

C 154/13

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Queen's Bench Division — Administrative Court) —
South Western Fish Producers' Organisation Ltd and
Others v Secretary of State for Environment, Food and
Rural Affairs

(Case C-388/04) (1)

(2006/C 154/28)

Language of the case: English

Order of the President of the Court of 23 March 2006 —
Galeries de Lisieux SA v Organic Recouvrement

(Case C-488/04) (1)

(2006/C 154/31)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 284, 20.11.2004.

Order of the President of the Court of 12 January 2006
(reference for a preliminary ruling from the Regerings-
rätten) — GöteborgsOperan AB v Skatteverket

(Case C-390/04) (1)

(2006/C 154/29)

Language of the case: Swedish

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Fifth Chamber of the Court
the European
of 26 January 2006 — Commission of

Communities v French Republic

(Case C-92/05) (1)

(2006/C 154/32)

Language of the case: French

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

(1) OJ C 273, 06.11.2004.

(1) OJ C 82, 02.04.2005.

Order of the President of the Court of 12 January 2006 —
the European Communities v Italian
Commission of

Order of the President of the Court of 11 January 2006 —
Commission of the European Communities v Hellenic
Republic

Republic

(Case C-477/04) (1)

(2006/C 154/30)

Language of the case: Italian

(Case C-182/05) (1)

(2006/C 154/33)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 155, 25.06.2005.
Case C-388/04: Order of the President of the Court of  7 February 2006  (reference for a preliminary ruling from the High Court — Queen's Bench Division — Administrative Court) — South Western Fish Producers' Organisation Ltd and Others v Secretary of State for Environment, Food and Rural Affairs
Date: 2006-07-01
Institutions: Court of Justice
Subjects: EU waters, authorised catch, catch quota, fishery resources, fishing area, fishing rights, fishing vessel, interpretation of the law

1.7.2006

EN

Official Journal of the European Union

C 154/13

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Queen's Bench Division — Administrative Court) —
South Western Fish Producers' Organisation Ltd and
Others v Secretary of State for Environment, Food and
Rural Affairs

(Case C-388/04) (1)

(2006/C 154/28)

Language of the case: English

Order of the President of the Court of 23 March 2006 —
Galeries de Lisieux SA v Organic Recouvrement

(Case C-488/04) (1)

(2006/C 154/31)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 284, 20.11.2004.

Order of the President of the Court of 12 January 2006
(reference for a preliminary ruling from the Regerings-
rätten) — GöteborgsOperan AB v Skatteverket

(Case C-390/04) (1)

(2006/C 154/29)

Language of the case: Swedish

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Fifth Chamber of the Court
the European
of 26 January 2006 — Commission of

Communities v French Republic

(Case C-92/05) (1)

(2006/C 154/32)

Language of the case: French

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

(1) OJ C 273, 06.11.2004.

(1) OJ C 82, 02.04.2005.

Order of the President of the Court of 12 January 2006 —
the European Communities v Italian
Commission of

Order of the President of the Court of 11 January 2006 —
Commission of the European Communities v Hellenic
Republic

Republic

(Case C-477/04) (1)

(2006/C 154/30)

Language of the case: Italian

(Case C-182/05) (1)

(2006/C 154/33)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 155, 25.06.2005.
Case C-390/04: Order of the President of the Court of  12 January 2006  (reference for a preliminary ruling from the Regeringsrätten) — GöteborgsOperan AB v Skatteverket
Date: 2006-07-01
Institutions: Court of Justice
Subjects: competition, interpretation of the law, provision of services, regional aid, tax relief, tax system

1.7.2006

EN

Official Journal of the European Union

C 154/13

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Queen's Bench Division — Administrative Court) —
South Western Fish Producers' Organisation Ltd and
Others v Secretary of State for Environment, Food and
Rural Affairs

(Case C-388/04) (1)

(2006/C 154/28)

Language of the case: English

Order of the President of the Court of 23 March 2006 —
Galeries de Lisieux SA v Organic Recouvrement

(Case C-488/04) (1)

(2006/C 154/31)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 284, 20.11.2004.

Order of the President of the Court of 12 January 2006
(reference for a preliminary ruling from the Regerings-
rätten) — GöteborgsOperan AB v Skatteverket

(Case C-390/04) (1)

(2006/C 154/29)

Language of the case: Swedish

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Fifth Chamber of the Court
the European
of 26 January 2006 — Commission of

Communities v French Republic

(Case C-92/05) (1)

(2006/C 154/32)

Language of the case: French

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

(1) OJ C 273, 06.11.2004.

(1) OJ C 82, 02.04.2005.

Order of the President of the Court of 12 January 2006 —
the European Communities v Italian
Commission of

Order of the President of the Court of 11 January 2006 —
Commission of the European Communities v Hellenic
Republic

Republic

(Case C-477/04) (1)

(2006/C 154/30)

Language of the case: Italian

(Case C-182/05) (1)

(2006/C 154/33)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 31, 05.02.2005.

(1) OJ C 155, 25.06.2005.
Case C-267/05: Order of the President of the Court of  7 February 2006  (reference for a preliminary ruling from the High Court — Chancery Division) — Oakley Inc v Animal Ltd and Others
Date: 2006-07-01
Institutions: Court of Justice
Subjects: application of EU law, derogation from EU law, designs and models, interpretation of the law, national implementing measure

C 154/14

EN

Official Journal of the European Union

1.7.2006

Order of the President of the Court of 7 February 2006 —
Energy Technologies ET SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs), Aparellaje
eléctrico, SL

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Chancery Division) — Oakley Inc v Animal Ltd and
Others

(Case C-197/05 P) (1)

(2006/C 154/34)

Language of the case: English

(Case C-267/05) (1)

(2006/C 154/37)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 243, 1.10.2005.

(1) OJ C 229, 17.09.2005.

Order of the President of the Court of 15 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-218/05) (1)

(2006/C 154/35)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 7 March 2006 —
the European Communities v United
Commission of

Kingdom of Great Britain and Northern Ireland

(Case C-323/05) (1)

(2006/C 154/38)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 182, 23.07.2005.

(1) OJ C 271, 29.10.2005.

Order of the President of the Court of 7 February 2006 —
Commission of the European Communities v Kingdom of
the Netherlands

(Case C-247/05) (1)

(2006/C 154/36)

Language of the case: Dutch

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 217, 03.09.2005.

Order of the President of the Court of 16 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-413/05) (1)

(2006/C 154/39)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 22, 28.01.2006.