ISSN 1725-2423

Official Journal

of the European Union

C 106

English edition

Information and Notices

Volume 48
30 April 2005

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 106/1

Judgment of the Court (First Chamber) of 10 March 2005 in Case C-196/02 (reference for a preliminary ruling from the Irinodikio Athinon): Vasiliki Nikoloudi v Organismos Tilepikinonion Ellados AE (Social policy — Male and female workers — Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) — Directive 75/117/EEC — Equal pay — Directive 76/207/EEC — Equal treatment — Temporary part-time posts — Exclusion from appointment as an established member of staff — Calculation of length of service — Burden of proof)

1

2005/C 106/2

Judgment of the Court (Grand Chamber) of 1 March 2005 in Case C- 281/02 reference for a preliminary ruling from the Court of Appeal (England and Wales) Civil Division (United Kingdom): Andrew Owusu v N.B. Jackson, trading as ‘Villa Holidays Bal-Inn Villas’ and Others (Brussels Convention — Territorial scope of the Brussels Convention — Article 2 — Jurisdiction — Accident which occurred in a non–Contracting State — Personal injury — Action brought in a Contracting State against a person domiciled in that State and other defendants domiciled in a non–Contracting State — Forum non conveniens — Incompatibility with the Brussels Convention)

2

2005/C 106/3

Judgment of the Court (Second Chamber) of 3 March 2005 in Case C-283/02: Italian Republic v Commission of the European Communities (Action for annulment — Wine production — Regulation (EC) No 753/2002 — description, designation, presentation and protection of the products — Protection of additional traditional terms — Erroneous classification of traditional terms — Languages permitted to be used on labels — Principle of equal treatment)

2

2005/C 106/4

Judgment of the Court (First Chamber) of 24 February 2005 in Case C-300/02: Hellenic Republic v Commission of the European Communities (EAGGF — Arable crops — Regulation (EEC) No 729/70 — Article 5(2)(c) — Discrepancies between annual declarations of expenses and eligible expenses — Time-limit of 24 months — Deduction of the amount of aid to farmers)

3

2005/C 106/5

Judgment of the Court (Third Chamber) of 24 February 2005 in Case C-318/02: Kingdom of the Netherlands v Commission of the European Communities (EAGGF — Decision 2002/524/EC — Financial adjustments to expenditure by the Netherlands in the form of exceptional support measures for the market in pigmeat in the Netherlands — Regulation (EC) No 413/97)

3

2005/C 106/6

Judgment of the Court (Grand Chamber) of 1 March 2005 in Case C-377/02: Reference for a preliminary ruling from the Raad van State (Belgium) in Léon Van Parys NV v Belgisch Interventie- en Restitutiebureau (BIRB) (Common organisation of the markets — Bananas — GATT 1994 — Articles I and XIII — Framework agreement of 23 April 1993 between the EEC and the Cartagena Group — Direct effect — Recommendations and decisions of the WTO Dispute Settlement Body — Legal effects)

4

2005/C 106/7

Judgment of the Court (Grand Chamber) of 15 February 2005 in Case C-13/03 P: Commission of the European Communities v Tetra Laval BV (Appeal — Competition — Regulation (EEC) No 4064/89 — Judgment holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of an earlier decision declaring a merger incompatible with the common market)

4

2005/C 106/8

Judgment of the Court (Second Chamber) of 3 March 2005 in Joined Cases C-21/03 and C-34/03 (reference for a preliminary ruling from the Conseil d'État): Fabricom SA v État belge (Public procurement — Works, supplies and services — Water, energy, transport and telecommunications sectors — Prohibition on participation in a procedure of submission of a tender by a person who has contributed to the development of the works, supplies or services concerned)

5

2005/C 106/9

Judgment of the Court (Second Chamber) of 3 March 2005 in Case C-172/03 Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) Wolfgang Heiser v Finanzamt Innsbruck (VAT — Exemption for medical care provided in the exercise of the profession of medical practitioner — Adjustment of deductions)

5

2005/C 106/10

Judgment of the Court (Sixth Chamber) of 3 March 2005 in Case C-195/03 (reference for a preliminary ruling from the Hof van Beroep te Antwerpen): Ministerie van Financiën v Merabi Papismedov and Others (Community Customs Code — Presentation of goods to customs — Meaning — Cigarettes declared under the description ‘cookware’ — Incurrence of the customs debt on importation — Debtor of the customs debt)

6

2005/C 106/11

Judgment of the Court (Fifth Chamber) of 24 February 2005 in Case C-279/03: Commission of the European Communities v Implants (International) Ltd (Arbitration clause — Reimbursement of an advance payment — Default interest — Default proceedings)

6

2005/C 106/12

Judgment of the Court (Fourth Chamber) of 3 March 2005 in Case C-414/03: Commission of the European Communities v Federal Republic of Germany (Failure to fulfil obligations — Article 8 of Directive 92/50/EEC — Procedure for awarding contracts for public services — Waste disposal in the Land of Lower Saxony)

7

2005/C 106/13

Judgment of the Court (Fourth Chamber) of 27 January 2005 in Case C-416/03: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2001/18/EC — Failure to transpose within the prescribed period)

7

2005/C 106/14

Judgment of the Court (Sixth Chamber) of 3 March 2005 in Case C-499/03 P: Peter Biegi Nahrungsmittel GmbH and Commonfood Handelsgesellschaft für Agrar-Produkte mbH v Commission of the European Communities (Appeal — Common Customs Tariff — Subsequent recovery of import duties — Waiver of duties to be recovered — Conditions — Article 220(2)(b) of Regulation (EEC) No 2913/92 — Error of the customs authorities — Detectable error — Combined nomenclature — Remarks — Scope)

8

2005/C 106/15

Judgment of the Court (Fifth Chamber) of 3 March 2005 in Case C-90/04: Commission of the European Communities v Republic of Austria (Failure by a Member State to fulfil its obligations — Article 7(1) of Directive 1999/32/EC — Failure to supply the report relating to the sulphur content of liquid fuels used on its national territory)

8

2005/C 106/16

Judgment of the Court (Fifth Chamber) of 24 February 2005 in Case C-225/04: Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil its obligations — Directive 2001/106/EC — Maritime transport — Non-transposition within the period prescribed)

9

2005/C 106/17

Judgment of the Court (Fifth Chamber) of 24 February 2005 in Case C-383/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 1999/105/EC — Marketing of forest reproductive material — Failure to implement within the period prescribed)

9

2005/C 106/18

Order of the Court (First Chamber) of 19 January 2005 in Case C-206/03: (reference for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division) Commissioners of Customs & Excise v SmithKline Beecham plc (Article 104(3) of the Rules of Procedure — Common customs tariff — Tariff headings — Nicotine patches — Force in law of a classification opinion of the World Customs Organisation)

10

2005/C 106/19

Order of the Court (Second Chamber) of 28 October 2004 in Case C-236/03 P Commission of the European Communities v CMA CGM and Others (Appeal — Cartels — Maritime transport between northern Europe and the Far East — Fines — Limitation period — Appeal partly clearly inadmissible and partly clearly unfounded)

10

2005/C 106/20

Order of the Court (Fourth Chamber) of 18 January 2005 in Case C-325/03 P: José Luis Zuazaga Meabe v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Action for annulment — Inadmissibility because out of time — Appeal manifestly unfounded)

11

2005/C 106/21

Order of the Court (Fourth Chamber) of 7 December 2004 in Case C-521/03 P: Internationaler Hilfsfonds eV v Commission of the European Communities (Appeal — Admissibility of the action — Whether the action is out of time — Fifth paragraph of Article 230 EC — Merely confirmatory decision — Categorisation)

11

2005/C 106/22

Order of the Court (Fifth Chamber) of 21 January 2005 in Case C-75/04 (reference for a preliminary ruling from the Hof van Beroep te Antwerpen): Ministerie van Financiën v Hendrik Hanssens and Others (Reference for a preliminary ruling — Inadmissibility)

12

2005/C 106/23

Order of the Court (Fifth Chamber) of 26 January 2005 in Case C-153/04 P: Euroagri Srl v Commission of the European Communities (Appeal — EAGGF — Financial participation — Pilot and demonstration project for the use of a new technique called ‘Endovena’ on fruit trees)

12

2005/C 106/24

Order of the Court (Fifth Chamber) of 28 January 2005 in Case C-208/04: Reference for a preliminary ruling from the Conseil d'État in Inter-Environnement Wallonie ASBL v Région wallonne (Article 104(3) of the Rules of Procedure — Directives 75/442/EEC and 91/156/EEC — Concept of waste — List of materials that are equatable with products)

12

2005/C 106/25

Case C-4/05 SA: Application for authorisation to serve a garnishee order brought on 9 March 2005 by ALT Ylmy — Ömümcilik Paydarlar Jemgyyeti against the Commission of the European Communities

13

2005/C 106/26

Case C-5/05 SA: Application brought on 11 March 2005 by Maria Fernanda Gil do Nascimento and Others for authorisation to serve a garnishee order on the Commission of the European Communities

13

2005/C 106/27

Case C-39/05 P: Appeal brought on 2 February 2005 by Kingdom of Sweden against the judgment delivered on 23 November 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-84/03 between Maurizio Turco, supported by Republic of Finland, Kingdom of Denmark and Kingdom of Sweden and Council of the European Union, supported by United Kingdom of Great Britain and Northern Ireland and Commission of the European Communities

13

2005/C 106/28

Case C-52/05 P: Appeal brought on 9 February 2005 by Maurizio Turco against the judgment delivered on 23 November 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-84/03 between Maurizio Turco, supported by Republic of Finland, Kingdom of Denmark and Kingdom of Sweden and Council of the European Union, supported by United Kingdom of Great Britain and Northern Ireland and Commission of the European Communities

14

2005/C 106/29

Case C-69/05: Action brought on 11 February 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

15

2005/C 106/30

Case C-75/05 P: Appeal brought on 16 February 2005 (by fax/email on 11 February 2005) by the Federal Republic of Germany against the judgment delivered on 1 December 2004 by the Court of First Instance of the European Communities (Fourth Chamber, Extended Composition) in Case T-27/02 between Kronofrance SA and the Commission of the European Communities, supported by Glunz AG and OSB Deutschland GmbH

15

2005/C 106/31

Case C-80/05 P: Appeal brought on 18 February 2005 (by fax/email on 16 February 2005) by Glunz AG and OSB Deutschland GmbH against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 1 December 2004 in Case T-27/02 Kronofrance S.A. v Commission of the European Communities, supported by Glunz AG and OSB Deutschland GmbH

16

2005/C 106/32

Case C-89/05: Reference for a preliminary ruling from the the House of Lords by order of that court of 3 November 2004 in United Utilities plc v Commissioners of Customs and Excise

17

2005/C 106/33

Case C-97/05: Reference for a preliminary ruling from the Verwaltungsgericht Darmstadt by order of that court of 25 January 2005 in the proceedings between Mohamed Gattoussi and the Municipality of Rüsselsheim

17

2005/C 106/34

Case C-98/05: Reference for a preliminary ruling from the Østre Landsret by order of that court of 11 February 2005 in De Danske Bilimportører v Skatteministeriet

18

2005/C 106/35

Case C-100/05: Reference for a preliminary ruling from the Gerechtshof te Amsterdam by judgment of that court of 18 February 2005 in the proceedings between ASM Lithography B.V. and Inspecteur van de Belastingdienst/Douane Zuid/kantoor Roermond

19

2005/C 106/36

Case C-101/05: Reference for a preliminary ruling from the Regeringsrätten by order of that court of 15 October 2004 in the proceedings Skatteverket v A

19

2005/C 106/37

Case C-102/05: Reference for a preliminary ruling from the Regeringsrätten by order of that court of 15 October 2004 in Skatteverket v A and B

19

2005/C 106/38

Case C-111/05: Reference for a preliminary ruling from the Regeringsrätten by order of that court of 24 February 2005 in Aktiebolaget NN v Skatteverket

19

2005/C 106/39

Case C-115/05: Action brought on 8 March 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

20

2005/C 106/40

Case C-118/05: Action brought on 10 March 2005 by the Commission of the European Communities against the Portuguese Republic

20

2005/C 106/41

Removal from the register of Case C-38/04

21

2005/C 106/42

Removal from the register of Case C-58/03

21

2005/C 106/43

Removal from the register of Case C-69/04

21

2005/C 106/44

Removal from the register of Case C-83/04

21

2005/C 106/45

Removal from the register of Case C-246/03

21

2005/C 106/46

Removal from the register of Case C-247/03

21

2005/C 106/47

Removal from the register of Case C-314/04

22

2005/C 106/48

Removal from the register of Case C-401/04

22

2005/C 106/49

Removal from the register of Case C-476/03

22

2005/C 106/50

Removal from the register of Case C-548/03

22

2005/C 106/51

Removal from the register of Case C-549/03

22

COURT OF FIRST INSTANCE

2005/C 106/52

Judgment of the Court of First Instance of 1 March 2005 in Case T-143/03 Elisabeth Saskia Smit v European Police Office (Europol) (Temporary staff — Europol staff — Non-extension of employment contract)

23

2005/C 106/53

Judgment of the Court of First Instance of 1 March 2005 in Case T-169/03 Sergio Rossi SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — National and international word marks MISS ROSSI — Application for a Community word mark SISSI ROSSI — Similarity of the goods — Similarity of the marks — Article 8(1)(b) of Regulation (EC) No 40/94)

23

2005/C 106/54

Judgment of the Court of First Instance of 1 March 2005 in Case T-185/03 Vincenzo Fusco v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark ENZO FUSCO — Earlier Community word mark ANTONIO FUSCO — Likelihood of confusion — Similarity between signs — Article 8(1)(b) of Regulation (EC) No 40/94)

24

2005/C 106/55

Judgment of the Court of First Instance of 1 March 2005 in Case T-258/03 Andreas Mausolf v European Police Office (Europol) (Temporary staff — Europol staff — Non-extension of employment contract)

24

2005/C 106/56

Case T-9/05: Action brought on 12 January 2005 by Hoya Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

24

2005/C 106/57

Case T-30/05: Action brought on 28 January 2005 by William Prym GmbH & Co. KG and Prym Consumer GmbH & Co. KG against the Commission of the European Communities

25

2005/C 106/58

Case T-43/05: Action brought on 31 January 2005 by Camper, S.L., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

26

2005/C 106/59

Case T-49/05: Action brought on 31 January 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

27

2005/C 106/60

Case T-50/05: Action brought on 28 January 2005 by European Dynamics SA against the Commission of the European Communities

27

2005/C 106/61

Case T-56/05: Action brought on 8 February 2005 by Ireland against the Commission of the European Communities

28

2005/C 106/62

Case T-57/05: Action brought on 8 February 2005 by Jeremy Henry Moore Newsum, Mark Anthony Loveday and Robin Shedden Broadhurst against the Commission of the European Communities

29

2005/C 106/63

Case T-59/05: Action brought on 2 February 2005 by European Dynamics S.A. against the Commission of the European Communities

30

2005/C 106/64

Case T-61/05: Action brought on 10 February 2005 by Cornelius Rozemeijer and others against the Council of the European Union

30

2005/C 106/65

Case T-62/05: Action brought on 15 February 2005 by Lotto Sport Italia S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

31

2005/C 106/66

Case T-65/05: Action brought on 7 February 2005 by Thomas Seldis against Commission of the European Communities

31

2005/C 106/67

Case T-66/05: Action brought on 17 February 2005 by Jörn Sack against the Commission of the European Communities

32

2005/C 106/68

Case T-67/05: Action brought on 15 February 2005 by Aytan's Manufacturing Company (UK) Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

32

2005/C 106/69

Case T-68/05: Action brought on 16 February 2005 by Aker Warnow Werft GmbH and Kværner ASA against the Commission of the European Communities

33

2005/C 106/70

Case T-69/05: Action brought on 11 February 2005 by European Dynamics S.A. against the European Food Safety Authority

34

2005/C 106/71

Case T-70/05: Action brought on 14 February 2005 by European Dynamics S.A. against the European Maritime Safety Agency

35

2005/C 106/72

Case T-71/05: Action brought on 14 February 2005 by Jacques Wunenburger against the Commission of the European Communities

35

2005/C 106/73

Case T-73/05: Action brought on 14 February 2005 by Alejandro Martín Magone against Commission of the European Communities

36

2005/C 106/74

Case T-74/05: Action brought on 16 February 2005 by The International Institute for the Urban Environment against the Commission of the European Communities

37

2005/C 106/75

Case T-75/05: Action brought on 17 February 2005 by NetScout Systems, Inc., against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

37

2005/C 106/76

Case T-83/05: Action brought on 18 February 2005 by the Italian Republic against the Commission of the European Communities

38

2005/C 106/77

Case T-84/05: Action brought on 17 February 2005 by Nicole Schmit against the Commission of the European Communities

38

2005/C 106/78

Case T-85/05: Action brought on 16 February 2005 by Dimos Ano Liosia, a self-administering local entity against the Commission of the European Communities

39

2005/C 106/79

Case T-89/05: Action brought on 21 February 2005 by GAEC SALAT against the Commission of the European Communities

40

2005/C 106/80

Case T-94/05: Action brought on 18 February 2005 by Athinaiki Techniki SA against the Commission of the European Communities

40

2005/C 106/81

Case T-95/05: Action brought on 14 February 2005 by Jean Dehon against European Parliament

40

2005/C 106/82

Case T-100/05: Action brought on 21 February 2005 by the Compagnie d'entreprises C.F.E. against the Commission of the European Communities

41

2005/C 106/83

Case T-104/05: Action brought on 28 February 2005 by CEGELEC SA against European Parliament

42

2005/C 106/84

Case T-109/05: Action brought on 8 March 2005 by SpA Navigazione Libera del Golfo against the Commission of the European Communities

43

2005/C 106/85

Removal from the Register of Case T-205/03, T-206/03, T-207/03, T-208/03, T-209/03, and T-210/03

43

III   Notices

2005/C 106/86

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 93, 16.4.2005

44

EN