Case C-336/05: Order of the Court (Fifth Chamber) of 13 June 2006 (reference for a preliminary ruling from the Tribunal départemental des pensions militaires du Morbihan –France) — Ameur Echouikh v Secrétaire d'État aux Anciens Combattants (Article 104(3), first subparagraph, of the Rules of Procedure — Euro-Mediterranean Agreement EC-Morocco — Article 65 — Principle of non-discrimination in matters of social security — Armed services invalidity pension)
Date: 2006-09-16
Institutions: Court of Justice
Subjects: France, Morocco, association agreement (EU), disability insurance, equal treatment, foreign national, interpretation of the law, military personnel, national service

16.9.2006

EN

Official Journal of the European Union

C 224/17

Operative part of the order

Operative part of the order

Articles 49 EC to 55 EC preclude national legislation of a Member
State, such as that at issue in the main proceedings, which requires a
natural person established in that Member State who hires a vehicle
registered in another Member State to pay the full amount of registra-
tion tax on commencement of use of the highway in the first Member
State by that vehicle, irrespective of the duration of the use of that
highway, and denying the person in question any right to an exemp-
tion or a refund when it is neither intended that the vehicle essentially
be used in the first Member State on a permanent basis nor is the
vehicle in fact used in that manner.

(1) OJ C 205, 20.8.2005.

Order of the Court (Fourth Chamber) of 1 June 2006 —
Plus Warenhandelsgesellschaft mbH v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)

(Case C-324/05 P) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Application for mixed word and figurative mark containing
the verbal element ‘Turkish Power’ — Opposition by the
holder of the earlier word mark POWER — Rejection of the
opposition — Appeal manifestly inadmissible or manifestly
unfounded)

(2006/C 224/30)

Language of the case: German

Parties

Appellant: Plus Warenhandelsgesellschaft mbH (represented by:
B. Piepenbrink, avocat)

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

Re:

Appeal brought against the judgment of the Court of First
Instance (Fourth Chamber) of 22 June 2005 in Case T-34/04
Plus Warenhandelsgesellschaft mbH v OHIM by which the Court
of First Instance rejected the application for annulment of the
decision of the Second Board of Appeal of OHIM rejecting the
appeal brought by the appellant, proprietor of the trade mark
the Opposition Division
‘POWER’, against
rejecting the opposition filed against the application for regis-
tration of the figurative mark ‘TURKISH POWER’ — Likelihood
of confusion between trade marks

the decision of

1. The appeal is dismissed.

2. Plus Warenhandelsgesellschaft mbH is ordered to pay the costs.

(1) OJ C 296, 26.11.2005.

Order of the Court (Fifth Chamber) of 13 June 2006
(reference for a preliminary ruling from the Tribunal
départemental des pensions militaires du Morbihan –
France) — Ameur Echouikh v Secrétaire d'État aux
Anciens Combattants

(Case C-336/05) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure
— Euro-Mediterranean Agreement EC-Morocco — Article 65
— Principle of non-discrimination in matters of social
security — Armed services invalidity pension)

(2006/C 224/31)

Language of the case: French

Referring court

Tribunal départemental des pensions militaires du Morbihan

Parties

Applicant: Ameur Echouikh

Defendant: Secrétaire d'État aux anciens combattants

Re:

Reference for a preliminary ruling — Tribunal départemental
des pensions militaires du Morbihan — Interpretation of Arti-
cles 64 and 65 of the Euro-Mediterranean Agreement estab-
lishing an association between the European Communities and
their Member States, of the one part, and the Kingdom of
Morocco, of the other part, signed in Brussels on 26 February
1996 (OJ 2000 L 70, p. 2), of Articles 40 to 42 of the Coop-
eration Agreement between the European Economic Com-
munity and the Kingdom of Morocco, signed in Rabat on 27
April 1976 (OJ 1978 L 264, p. 1) and of the general principle
of non-discrimination based on nationality as enshrined in
Article 12 of the EC Treaty and Article 14 of the ECHR —
Direct effect — Meaning of ‘worker’, ‘remuneration’ and ‘social
security benefit’ — National
legislation refusing an armed
services invalidity pension to a Moroccan national who has
served in the Member State's armed forces

C 224/18

EN

Official Journal of the European Union

16.9.2006

Operative part of the order

The first subparagraph of Article 65(1) of the Euro-Mediterranean
establishing an association between the European Communities and
their Member States, of the one part, and the Kingdom of Morocco,
of the other part, signed in Brussels on 26 February 1996 and
approved on behalf of the Communities by Decision 2000/204/EC,
ECSC of the Council and Commission of 24 January 2000 is to be
interpreted as meaning that it precludes the host Member State from
refusing to grant an armed services invalidity pension to a Moroccan
national who has served in that State's army and resides in its terri-
tory on the sole ground that the person concerned is of Moroccan
nationality.

the Council of 4 November 2003 on the regulations governing
political parties at European level and the rules regarding their
funding (OJ 2003 L 297, p. 1).

Operative part of the order

The Court hereby:

1. Dismisses the appeal;

2. Orders the appellants to pay the costs.

(1) OJ C 296, 26.11.2005.

(1) OJ C 315 of 10.12.2005

Order of the Court of 13 July 2006 — Front National and
Others v European Parliament and Council of the Euro-
pean Union

(Case C-338/05 P) (1)

(Appeal — Regulation (EC) No 2004/2003 — Regulation
and funding of political parties at European level — Action
for annulment — Objection of inadmissibility — Act open to
challenge — Standing to bring proceedings — Inadmissibility
— Appeal manifestly inadmissible)

(2006/C 224/32)

Language of the case: French

Parties

Reference for a preliminary ruling from the Finanzgericht
Düsseldorf (Germany) lodged on 8 May 2006 — Medion
AG v Hauptzollamt Duisburg

(Case C-208/06)

(2006/C 224/33)

Language of the case: German

Referring court

Finanzgericht Düsseldorf (Germany)

Parties to the main proceedings

Applicant: Medion AG

Defendant: Hauptzollamt Duisburg

Appellants: Front National, Marie-France Stirbois, Bruno Goll-
nisch, Carl Lang,
Jean-Claude Martinez, Philip Claeys, Koen
Dillen and Mario Borghezio (represented by: W. de Saint Just,
avocat)

Question referred

Respondents: European Parliament (represented by: H. Krück, N.
Lorenz and D. Moore, acting as Agents) and Council of the
European Union (represented by: I. Díez Parra and M. Sims-
Robertson, Agents)

Re:

Appeal against the judgment delivered on 11 July 2005 by the
Court of First Instance (Second Chamber) in Case T-17/04 Front
National and Others v European Parliament and Council, by which
it dismissed as inadmissible an action for annulment of Regu-
lation (EC) No 2004/2003 of the European Parliament and of

Should a camcorder, which at the time of importation (1) is
unable to record video signals from an external source, be clas-
sified under subheading 8525 4099 of the Combined Nomen-
clature, if its video interface can subsequently be reconfigured
as a video input by means of activating certain switches, even
though the manufacturer and the seller neither have mentioned
nor support this possibility?

(1) Interpretation of Annex I to Council Regulation (EEC) No 2658/87
of 23 July 1987 on the tariff and statistical nomenclature and on
the Common Customs Tariff (OJ 1987 L 256, p. 1).