do-me/EUR-LEX huggingface dataset:
Case C-93/06: Order of the President of the Court of 14 December 2006 — Commission of the European Communities v Republic of Austria
Date: 2007-04-14
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, consumer information, energy consumption, motor car, motor fuel, motor vehicle pollution, national implementing measure

14.4.2007

EN

Official Journal of the European Union

C 82/27

Order of the President of the Court of 22 December 2006
— Commission of the European Communities v Kingdom
of Spain

Order of the President of the Court of 14 December 2006
— Commission of the European Communities v Republic
of Austria

(Case C-53/06) (1)

(2007/C 82/51)

(Case C-93/06) (1)

(2007/C 82/54)

Language of the case: Spanish

Language of the case: German

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 74, 25.3.2006.

(1) OJ C 86, 8.4.2006.

Order of the President of the Third Chamber of the Court
the European
of 7 February 2007 — Commission of

Communities v French Republic

Order of the President of the Court of 8 November 2006
— Bausch & Lomb Inc. v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) Biofarma SA

(Case C-79/06) (1)

(2007/C 82/52)

(Case C-95/06 P) (1)

(2007/C 82/55)

Language of the case: French

Language of the case: English

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 86, 8.4.2006.

(1) OJ C 108, 6.5.2006.

Order of the President of the Fifth Chamber of the Court
the European
of 30 January 2007 — Commission of

Order of the President of the Fourth Chamber of the Court
the European
of 1 February 2007 — Commission of

Communities v Republic of Austria

Communities v Federal Republic of Germany

(Case C-91/06) (1)

(2007/C 82/53)

(Case C-109/06) (1)

(2007/C 82/56)

Language of the case: German

Language of the case: German

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

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

(1) OJ C 96, 22.4.2006.

(1) OJ C 108, 6.5.2006.
Prior notification of a concentration (Case COMP/M.4600 — TUI/First Choice) Text with EEA relevance
Date: 2007-04-14
Institutions: European Commission
Subjects: economic concentration, exchange of information, maritime transport, merger control, tourism, travel agency

14.4.2007

EN

Official Journal of the European Union

C 81/7

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.4600 — TUI/First Choice)

(Text with EEA relevance)

(2007/C 81/03)

1.
On 4 April 2007, 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 TUI AG (‘TUI’, Germany)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of First
Choice Holidays PLC (‘First Choice’, United Kingdom) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for TUI: shipping and tourism;

— for First Choice: international leisure travel company.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.4600 — TUI/First Choice 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.
Corrigendum to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities ( OJ L 248, 16.9.2002 )
Date: 2007-04-14
Institutions: Council of the European Union
Subjects: financial management, financial regulation, general budget (EU), implementation of the budget

L 99/18

EN

Official Journal of the European Union

14.4.2007

CORRIGENDA

Corrigendum to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation
applicable to the general budget of the European Communities

(Official Journal of the European Communities L 248 of 16 September 2002)

On page 8, point (a) of Article 4(2), on page 16, first subparagraph of Article 49(1), second sentence and on page 36, in
Article 158:

for:

‘… operating expenditure …’,

read:

‘… operational expenditure …’.

On page 9, in Article 9(2):

for:

read:

‘2.

‘2.

Appropriations for commitment of differentiated appropriations …’,

Differentiated commitment appropriations …’.

On page 14, third subparagraph of Article 41(2):

for:

‘… operating appropriations …’,

read:

‘… operational appropriations …’.

On page 15, first subparagraph of Article 44, second sentence:

for:

‘… entered in a separate chapter, …’,

read:

‘… entered in a separate title, …’.

On page 40, in Article 179(2):

for:

read:

‘2.

‘2.

Administrative expenditure …’,

Operating expenditure …’.
Case T-354/04: Judgment of the Court of First Instance of 13 February 2007 — Petralia v Commission (Officials — Temporary agents — Scientific service — Classification in grade)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, action by staff, assistant, information technology profession, professional career, staff assessment

C 82/34

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 273, 6.11.2004.

Judgment of the Court of First Instance of 13 February
2007 — Ontex v OHIM — Curon Medical (CURON)

(Case T-353/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark CURON — Opposition
by the proprietor of the Community word mark EURON —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2007/C 82/74)

Language of the case: English

Parties

Judgment of the Court of First Instance of 13 February
2007 — Petralia v Commission

(Case T-354/04) (1)

(Officials — Temporary agents — Scientific service — Classi-
fication in grade)

(2007/C 82/75)

Language of the case: Italian

Parties

Applicant: Gaetano Petralia (Brussels, Belgium) (represented by:
C. Forte, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and C. Loggi, Agents)

Re:

Annulment of the Commission's decision of 7 October 2003
definitively classifying the applicant in grade B5, step 3, and the
decision of 13 May 2004 dismissing the applicant's claim.

Operative part of the judgment

The Court:

1. Dismisses the action;

Applicant: Ontex NV (Buggenhout, Belgium)
M. Du Tré, lawyer)

(represented by:

2. Orders the parties to bear their own costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Curon Medical Inc.
(Sunnyvale, California, United States) (represented by: C. Algar
and J. Cohen, solicitors, and T. Ludbrook, barrister)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 5 July 2004 (Case R 22/2004-2), relating to
opposition proceedings between Ontex NV and Curon Medical,
Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 14 February
2007 — Simões Dos Santos v OHIM

(Case T-435/04) (1)

(Staff case — OHIM officials and temporary staff — Reports
and promotion — Merit points reset at zero and their total
recalculated — Transitional arrangements — Action for
annulment — Plea of illegality — Non-retroactivity — Princi-
ples of legality and legal certainty — Legal basis — Legiti-
mate expectations — Equal treatment)

(2007/C 82/76)

Language of the case: French

(1) OJ C 273, 6.11.2004.

Parties

Applicant: Manuel Simões Dos Santos (Madrid, Spain)
sented by: A. Creus Carreras, lawyer)

(repre-
Case T-65/05: Judgment of the Court of First Instance of 14 February 2007 — Seldis v Commission (Officials — Probationary officials — Scientific or technical service — Appointment of a temporary agent following a competition — Classification in grade and step)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, action for annulment (EU), regulations for civil servants

C 82/36

EN

Official Journal of the European Union

14.4.2007

Re:

Operative part of the judgment

Action brought against the decision of the First Board of Appeal
of OHIM of 25 October 2004 (Case R 513/2002-1), relating to
opposition proceedings between Companhia Geral da Agricul-
tura das Vinhas do Alto Douro, SA (Real Companhia Velha) and
Bodegas Franco-Españolas, SA.

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2005.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 25 October 2004 (Case R 513/2002-1);

2. Orders OHIM to pay the costs.

Judgment of the Court of First Instance of 8 February 2007
— Quelle v OHIM — Nars Cosmetics (NARS)

(1) OJ C 45, 19.2.2005.

(Case T-88/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative Community trade mark NARS —
Earlier figurative national marks including the word element
MARS — Relative ground for refusal — Likelihood of confu-
signs —
sion — Absence of

similarity between the

Article 8(1)(b) of Regulation (EC) No 40/94)

(2007/C 82/80)

Language of the case: English

Judgment of the Court of First Instance of 14 February
2007 — Seldis v Commission

(Case T-65/05) (1)

(Officials — Probationary officials — Scientific or technical
service — Appointment of a temporary agent following a
competition — Classification in grade and step)

(2007/C 82/79)

Parties

Language of the case: French

Applicant: Quelle AG (Fürth, Germany)
H. Lindner, lawyer)

(represented by:

Parties

Applicant: Thomas Seldis (Amsterdam, Netherlands) (represented
by: S. Orlandi, X. Martin, A. Coolen, J.-N. Louis and É. Marchal,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and K. Herrmann, Agents)

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

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Nars Cosmetics, Inc.
(New York, United States) (represented by: M. de Justo Bailey,
lawyer)

Re:

Re:

Action for annulment the Commission's decision of 5 April
2004 to appoint the applicant a probationary official in so far
as it classifies him in grade A7, step 5.

Action for annulment of the decision of the Second Board of
Appeal of OHIM of 17 December 2004 (Case R 379/2004-2)
relating to opposition proceedings between Quelle AG and Nars
Cosmetics, Inc.
Case C-34/04: Judgment of the Court (Third Chamber) of 15 February 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Fishing licences — Regulation (EC) No 3690/93 — Vessels Wiron III and Wiron IV — Definitive transfer of those vessels to Argentina)
Date: 2007-04-14
Institutions: Court of Justice
Subjects: Argentina, European Commission, Netherlands, action for failure to fulfil an obligation, fishing licence, fishing vessel

C 82/2

EN

Official Journal of the European Union

14.4.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Third Chamber) of 15 February
the European Communities v
2007 — Commission of

Judgment of the Court (Grand Chamber) of 30 January
the European Communities v
2007 — Commission of

Kingdom of the Netherlands

Kingdom of Denmark

(Case C-34/04) (1)

(Failure of a Member State to fulfil obligations — Fishing
licences — Regulation (EC) No 3690/93 — Vessels Wiron III
and Wiron IV — Definitive transfer of those vessels to Argen-
tina)

(2007/C 82/02)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: T. van Rijn and C. Diderich, Agents)

Defendant: Kingdom of the Netherlands (represented by: H.G.
Sevenster, Agent)

Re:

Failure of a Member State to fulfil its obligations — Article 5 of
Council Regulation (EC) No 3690/93 of 20 December 1993
establishing a Community system laying down rules for the
minimum information to be contained in fishing licences
(OJ 1993 L 341, p. 93) — Failure to withdraw the fishing
licences granted to the vessels Wiron III and Wiron IV following
their definitive transfer to Argentina

Operative part of the judgment

The Court:

1. Dismisses the action;

(Case C-150/04) (1)

(Failure of a Member State to fulfil obligations — Freedom of
movement for workers — Freedom to provide services — Free
movement of capital — Freedom of establishment — Income
tax — Pensions — Policy taken out with a pension institution
in another Member State — Tax legislation — Limitation on
the deductibility or exemption from taxable income of contri-
butions paid into a pension scheme — Overriding reasons in
the public interest — Effectiveness of supervision of taxation
— Cohesion of the tax system — Symmetry of the tax system
— Double taxation convention)

(2007/C 82/03)

Language of the case: Danish

Parties

Applicant: Commission of the European Communities (repre-
sented by: initially by S. Tams, and subsequently by R. Lyal and
H. Støvlbæk, Agents)

Defendant: Kingdom of Denmark (represented by:
Agent)

J. Molde,

Intervener in support of the defendant: Kingdom of Sweden, (repre-
sented by: A. Kruse, Agent)

2. Orders the Commission of the European Communities to pay the

costs.

Re:

(1) OJ C 71, 20.3.2004.

Failure by a Member State to fulfil obligations — Infringement
of Articles 39, 43, 49 and 56 EC — Tax legislation limiting
income tax deductions for pension insurance contributions to
schemes set up with undertakings in the Member State
Case F-72/05: Judgment of the Civil Service Tribunal of 1 March 2007 — Fardoom and Ashbrook v Commission (Officials — Reimbursement of expenses — Mission expenses — Refusal to sign the travel orders requested in the context of union activities — Interest in bringing an action — Inadmissibility)
Date: 2007-04-14
Institutions: Civil Service Tribunal
Subjects: European Commission, administration of the Institutions, civil servants’ union, trade union freedom, trade union rights

C 82/54

EN

Official Journal of the European Union

14.4.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal of 1 March 2007 —
Sundholm v Commission

Judgment of the Civil Service Tribunal of 1 March 2007 —
Fardoom and Ashbrook v Commission

(Case F-30/05) (1)

(Case F-72/05) (1)

(Officials — Evaluation — Career development report —
2003 assessment procedure — Obligation to state the reasons
on which the report is based — Rights of the defence)

(Officials — Reimbursement of expenses — Mission expenses
— Refusal to sign the travel orders requested in the context of
union activities — Interest in bringing an action — Inadmis-
sibility)

(2007/C 82/113)

Language of the case: French

(2007/C 82/114)

Language of the case: French

Parties

Parties

Applicant: Asa Sundholm (Brussels, Belgium)
(represented by:
initially S. Orlandi, X. Martin, A. Coolen and E. Marchal, then
S. Orlandi, J.-N. Louis, A. Coolen and E. Marchal, lawyers)

Applicants: Mohammad Reza Fardoom (Roodt-sur-Syre, Luxem-
bourg) and Michael Ashbrook (Strassen, Luxembourg)
(repre-
sented by: initially G. Bounéou and F. Frabetti, then F. Frabetti,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Barardis-Kayser and M. Velardo, Agents, assisted by
F. Herbert and L. Eskenazi, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents)

Re:

Re:

Annulment of the applicant's staff development report for the
2003 assessment procedure

Annulment of the Commission's decision not to sign the travel
orders requested by the applicants in the context of their union
activities

Operative part of the judgment

Operative part of the judgment

The Tribunal:

1. Dismisses the application;

The Tribunal:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

2. Orders the parties to bear their own costs.

(1) OJ C 193 of 6.8.2005, p. 31 (case initially registered before the
the European Communities as Case
Court of First
T-197/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

Instance of

(1) OJ C 229 of 17.9.2005 (case initially registered before the Court of
First Instance of the European Communities as Case T-291/05 and
transferred to the Civil Service Tribunal of the European Union by
order of 15.12.2005).
Case C-109/06: Order of the President of the Fourth Chamber of the Court of 1 February 2007 — Commission of the European Communities v Federal Republic of Germany
Date: 2007-04-14
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, electrical energy, energy-generating product, national implementing measure, tax system

14.4.2007

EN

Official Journal of the European Union

C 82/27

Order of the President of the Court of 22 December 2006
— Commission of the European Communities v Kingdom
of Spain

Order of the President of the Court of 14 December 2006
— Commission of the European Communities v Republic
of Austria

(Case C-53/06) (1)

(2007/C 82/51)

(Case C-93/06) (1)

(2007/C 82/54)

Language of the case: Spanish

Language of the case: German

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 74, 25.3.2006.

(1) OJ C 86, 8.4.2006.

Order of the President of the Third Chamber of the Court
the European
of 7 February 2007 — Commission of

Communities v French Republic

Order of the President of the Court of 8 November 2006
— Bausch & Lomb Inc. v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) Biofarma SA

(Case C-79/06) (1)

(2007/C 82/52)

(Case C-95/06 P) (1)

(2007/C 82/55)

Language of the case: French

Language of the case: English

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 86, 8.4.2006.

(1) OJ C 108, 6.5.2006.

Order of the President of the Fifth Chamber of the Court
the European
of 30 January 2007 — Commission of

Order of the President of the Fourth Chamber of the Court
the European
of 1 February 2007 — Commission of

Communities v Republic of Austria

Communities v Federal Republic of Germany

(Case C-91/06) (1)

(2007/C 82/53)

(Case C-109/06) (1)

(2007/C 82/56)

Language of the case: German

Language of the case: German

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

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

(1) OJ C 96, 22.4.2006.

(1) OJ C 108, 6.5.2006.
Case T-23/03: Judgment of the Court of First Instance of 6 February 2007 — CAS v Commission (Association Agreement between the EEC and the Republic of Turkey — Remission of import duty — Fruit juice concentrate from Turkey — Community Customs Code — Movement certificates — Special situation — Rights of the defence)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, Türkiye, action for annulment (EU), fruit juice, import, movement certificate, originating product

C 82/30

EN

Official Journal of the European Union

14.4.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 6 February 2007
— CAS v Commission

Judgment of the Court of First Instance of 7 February 2007
— Clotuche v Commission

(Case T-23/03) (1)

(Case T-339/03) (1)

(Association Agreement between the EEC and the Republic of
Turkey — Remission of import duty — Fruit juice concentrate
from Turkey — Community Customs Code — Movement
certificates — Special situation — Rights of the defence)

(Officials — Reassignment of a Director as a Principal
Adviser — Interest of the service — Equivalence of posts —
Reorganisation of Eurostat — Action for annulment —
Action for damages)

(2007/C 82/65)

Language of the case: German

(2007/C 82/66)

Language of the case: French

Parties

Applicant: CAS SpA (Verona,
lawyer)

Italy)

(represented by: D. Ehle,

Defendant: Commission of the European Communities (repre-
sented by: X. Lewis, Agent, and M. Nuñez Müller, lawyer)

Re:

Application for annulment in part of the Commission's decision
of 18 October 2002 (REC 10/01) concerning an application for
remission of import duties

Operative part of the judgment

The Court:

1. Dismisses the action;

Parties

Applicant: Gabrielle Clotuche (Brussels, Belgium) (represented by:
P.-P. Van Gehuchten,
J. Sambon, G. Demez and P. Reyniers,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, agents)

Re:

First, an application for annulment of the Commission's decision
of 9 July 2003 to reassign the applicant from a post as Director
to a post as Principal Adviser and of the Commission's decision
of 1 October 2003 reorganising Eurostat, in so far as it does
not include any measure reassigning the applicant as a Director,
and, secondly, an application for compensation for the non-
material harm suffered.

Operative part of the judgment

The Court:

1. orders the Commission to pay the applicant the sum of EUR one

by way of damages for breach of administration;

2. Orders the applicant to pay the costs.

2. dismisses the action as to the remainder;

(1) OJ C 83, 5.4.2003.

3. orders the Commission to bear its own costs inclusive of those of
the proceedings for interim relief before the Court of First Instance,
and one fifth of the costs incurred by the applicant inclusive of
those of the proceedings for interim relief before the Court of First
Instance;