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Document C:2002:323:TOC
Official Journal of the European Communities, C 323, 21 December 2002
Official Journal of the European Communities, C 323, 21 December 2002
Official Journal of the European Communities, C 323, 21 December 2002
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| Official Journal of the European Communities | ISSN
0378-6986 C 323 Volume 45 21 December 2002 |
| English edition | Information and Notices | ||
| Notice No | Contents | Page | |
| I Information | |||
| Court of Justice | |||
| COURT OF JUSTICE | |||
| 2002/C 323/01 | Judgment of the Court of 5 November 2002 in Case C-466/98: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral agreement with the United States of America — Agreement authorising the United States of America to revoke, suspend or limit the traffic rights of air carriers designated by the United Kingdom which are not owned by the latter or its nationals — Article 52 of the EC Treaty (now, after amendment, Article 43 EC)) | 1 | |
| 2002/C 323/02 | Judgment of the Court of 5 November 2002 in Case C-467/98: Commission of the European Communities v Kingdom of Denmark (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC)) | 2 | |
| 2002/C 323/03 | Judgment of the Court of 5 November 2002 in Case C-468/98: Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC)) | 3 | |
| 2002/C 323/04 | Judgment of the Court of 5 November 2002 in Case C-469/98: Commission of the European Communities v Republic of Finland (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC)) | 4 | |
| 2002/C 323/05 | Judgment of the Court of 5 November 2002 in Case C-471/98: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC)) | 5 | |
| 2002/C 323/06 | Judgment of the Court of 5 November 2002 in Case C-472/98: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC)) | 6 | |
| 2002/C 323/07 | Judgment of the Court of 5 November 2002 in Case C-475/98: Commission of the European Communities v Republic of Austria (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC)) | 7 | |
| 2002/C 323/08 | Judgment of the Court of 5 November 2002 in Case C-476/98: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Conclusion and application by a Member State of a bilateral "open skies" agreement with the United States of America — Secondary legislation governing the internal air transport market (Regulations (EEC) Nos 2299/89, 2407/92, 2408/92, 2409/92 and 95/93) — External competence of the Community — Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Article 5 of the EC Treaty (now Article 10 EC)) | 8 | |
| 2002/C 323/09 | Judgment of the Court of 15 October 2002 In Joined Cases C-238/99 P, C-244/99 P, C-245/99 P, C-247/99 P, C-250/99 P to C-252/99 P and C-254/99 P: Limburgse Vinyl Maatschappij NV (LVM) and Others v Commission of the European Communities (Appeal — Competition — Polyvinylchloride (PVC) — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Annulment of a Commission decision — New decision — Documents predating the first decision — Res judicata — Principle of non bis in idem — Limitation — Reasonable period — Statement of reasons — Access to the file — Fair hearing — Professional secrecy — Self-incrimination — Private life — Fines) | 9 | |
| 2002/C 323/10 | Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-454/99: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Fisheries — Conservation and management of fishery resources — Control measures for fishing activities) | 10 | |
| 2002/C 323/11 | Judgment of the Court (Fifth Chamber) of 24 October 2002 in Case C-121/00 (Reference for a preliminary ruling from the Bezirksgericht Innere Stadt Wien): Walter Hahn (Fisheries — Health policy — Directive 91/493/EEC and Decision 94/356/EC — Articles 28 EC and 30 EC — Principle of proportionality — Limit values for the presence of Listeria monocytogenes in smoked fish products) | 11 | |
| 2002/C 323/12 | Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-140/00: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Fisheries — Conservation and management of fishery resources — Control measures for fishing activities) | 11 | |
| 2002/C 323/13 | Judgment of the Court of 5 November 2002 in Case C-208/00 (Reference for a preliminary ruling from the Bundesgerichtshof ): Überseering BV v Nordic Construction Company Baumanagement GmbH (NCC) (Articles 43 EC and 48 EC — Company formed in accordance with the law of a Member State and having its registered office there — Company exercising its freedom of establishment in another Member State — Company deemed to have transferred its actual centre of administration to the host Member State under the law of that State — Non-recognition by the host Member State of the company's legal capacity and its capacity to be a party to legal proceedings — Restriction on freedom of establishment — Justification) | 12 | |
| 2002/C 323/14 | Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-251/00 (Reference for a preliminary ruling from the Tribunal Tributário de Primeira Instância de Lisboa ): Ilumitrónica — Iluminação e Electrónica Lda v Chefe da Divisão de Procedimentos Aduaneiros e Fiscais/Direcção das Alfândegas de Lisboa, third party: Ministério Público (EEC-Turkey Association Agreement — Importation of television sets from Turkey — Determination of the person liable for the customs debt — Post-clearance recovery of customs duties) | 13 | |
| 2002/C 323/15 | Judgment of the Court (Fifth Chamber) of 7 November 2002 In Joined Cases C-260/00 to C-263/00 (Reference for a preliminary ruling from the Hessisches Finanzgericht, Kassel): Lohmann GmbH & Co. KG and Others (Common Customs Tariff — Tariff headings — Classification in the Combined Nomenclature of wrist orthoses, lumbar support belts, elbow supports and knee supports — Note 1(b) to Chapter 90 of the Combined Nomenclature) | 14 | |
| 2002/C 323/16 | Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-271/00 (Reference for a preliminary ruling from the Hof van Beroep te Antwerpen): Gemeente Steenbergen v Luc Baten (Brussels Convention — Scope — Action under a right of recourse under national legislation providing for payment of allowances by way of social assistance — Concept of "civil matters" — Concept of "social security") | 14 | |
| 2002/C 323/17 | Judgment of the Court (Sixth Chamber) of 14 November 2002 in Case C-316/00: Commission of the European Communities v Ireland (Failure of a Member State to fulfil its obligations — Directive 80/778/EEC — Quality of water intended for human consumption — Incomplete implementation) | 15 | |
| 2002/C 323/18 | Judgment of the Court of 5 November 2002 in Case C-325/00: Commission of the European Communities v Federal Republic of Germany (Free movement of goods — Measures having equivalent effect — Label of origin and quality) | 16 | |
| 2002/C 323/19 | Judgment of the Court (Sixth Chamber) of 7 November 2002 in Case C-333/00 (Reference for a preliminary ruling from the Tarkastuslautakunta): Eila Päivikki Maaheimo (Regulation (EEC) No 1408/71 — Family benefits — Home child-care allowance — Residence condition for children) | 16 | |
| 2002/C 323/20 | Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-411/00 (Reference for a preliminary ruling from the Bundesvergabeamt): Felix Swoboda GmbH v Österreichische Nationalbank, (Public service contracts — Directive 92/50/EEC — Scope ratione materiae — Moving offices of a central bank — Contract relating to both services listed in Annex I A to Directive 92/50 and services listed in Annex I B to that directive — Predominance in value terms of services listed in Annex I B) | 17 | |
| 2002/C 323/21 | Judgment of the Court (Sixth Chamber) of 14 November 2002 in Case C-435/00 (Reference for a preliminary ruling from the Diikitiko Protodikio Rodou ): Geha Naftiliaki EPE, Total Scope NE, Stavros Georgiou, Charalambis Bros OE, Anastasios Charalambis, Nikolaos Sarlis, Dimitrios Kattidenios, Antonios Charalambis, Vasilios Dimitrakopoulos v NPDD Limeniko Tamio Dodekanisou, Elliniko Dimosio (Transport — Maritime transport — Freedom to provide services — Restriction — National legislation applicable to all persons providing services, irrespective of their nationality, that distinguishes between domestic or intra-Community transport and transport to third countries) | 17 | |
| 2002/C 323/22 | Judgment of the Court (Sixth Chamber) of 24 October 2002 in Case C-455/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Article 9(3) of Directive 90/270/EEC — Protection of workers' eyes and eyesight — Special corrective appliances appropriate for the work concerned — Incomplete transposition) | 18 | |
| 2002/C 323/23 | Judgment of the Court (Fifth Chamber) of 7 November 2002 In Joined Cases C-24/01 P and C-25/01 P: Glencore Grain Ltd and Compagnie Continentale (France) SA (Appeal — Emergency aid provided by the Community to the States of the former Soviet Union — Invitation to tender — Free competition — Hearing of witnesses) | 19 | |
| 2002/C 323/24 | Judgment of the Court (Second Chamber) of 24 October 2002 in Case C-81/01 (Reference for a preliminary ruling from the Cour de cassation): Borie Manoux SARL v Directeur de l'Institut national de la propriété industrielle (INPI) (Agriculture — Common organisation of the markets — Wine — Description and presentation of wines — Quality wines produced in specific regions — Brand name printed on label — Restrictions — Articles 11 and 40 of Regulation No 2392/89) | 19 | |
| 2002/C 323/25 | Judgment of the Court (Sixth Chamber) of 24 October 2002 in Case C-82/01 P: Aéroports de Paris v Commission of the European Communities (Appeal — Competition — Air transport — Airport management — Abuse of dominant position — Discriminatory fees) | 20 | |
| 2002/C 323/26 | Judgment of the Court (Sixth Chamber) of 24 October 2002 in Case C-99/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Gottfried Linhart v Hans Biffl (Approximation of laws — Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) — Directive 76/768/EEC relating to cosmetic products — Directive 84/450/EEC concerning misleading advertising — National legislation laying down restrictions on advertising) | 20 | |
| 2002/C 323/27 | Judgment of the Court (Sixth Chamber) of 14 November 2002 in Case C-112/01 (Reference for a preliminary ruling from the Vestre Landsret): SPKR 4 nr. 3482 ApS v Skatteministeriet, Told- og Skattestyrelsen, Aktieselskabet af 11/9 1996, Arden Transport & Spedition ved Søren Lauritsen og Lene Lauritsen I/S (ATS) (Regulations (EEC) Nos 2913/92 and 2454/93 — External Community transit — Offence or irregularity — Recovery of a customs debt — Conditions) | 21 | |
| 2002/C 323/28 | Judgment of the Court (Fourth Chamber) of 7 November 2002 in Case C-184/01 P: Peter Hirschfeldt (Appeal — Officials — Internal competition — Cancellation — Transfer — Promotion — Article 8 of the Staff Regulations) | 21 | |
| 2002/C 323/29 | Judgment of the Court of 12 November 2002 in Case C-206/01 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division): Arsenal Football Club plc v Matthew Reed (Approximation of laws — Trade marks — Directive 89/104/EEC — Article 5(1)(a) — Scope of the proprietor's exclusive right to the trade mark) | 22 | |
| 2002/C 323/30 | Judgment of the Court (Second Chamber) of 7 November 2002 In Joined Cases C-228/01 and C-289/01 (Reference for a preliminary ruling from the tribunal de grande instance de Dax): Jacques Bourrasse and Jean-Marie Perchicot (Transport— Directive 84/647/EEC — Use of vehicles hired without drivers for the carriage of goods by road — Registration of hired vehicles — Hired vehicles operating under Community authorisation — Regulation (EEC) No 881/92 — Management of tachograph discs of hired vehicles — Regulation (EEC) No 3821/85) | 22 | |
| 2002/C 323/31 | Judgment of the Court (Sixth Chamber) of 7 November 2002 in Case C-348/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 97/11/EC — Environmental impact assessment of certain public and private projects — Incomplete transposition) | 23 | |
| 2002/C 323/32 | Judgment of the Court (First Chamber) of 7 November 2002 in Case C-352/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC) | 23 | |
| 2002/C 323/33 | Order of the Court (Third Chamber) of 24 October 2002 in Case C-233/01 (Reference for a preliminary ruling from the Giudice di pace di Palermo): Riunione Adriatica di Securtà SpA (RAS) v Dario Lo Bue (Article 104(3) of the Rules of Procedure — Directives 73/239/EEC and 92/49/EEC — Freedom to set premium rates — Possibility of relying on a directive against an individual) | 24 | |
| 2002/C 323/34 | Order of the Court (Fifth Chamber) of 3 October 2002 in Case C-273/01 (reference for a preliminary ruling from the Tribunale di Bari): Walter Ferro v Giovanni Santoro (Article 104(3) of the Rules of Procedure — Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents — Applicability to brokers) | 24 | |
| 2002/C 323/35 | Case C-350/02: Action brought on 1 October 2002 by the Commission of the European Communities against the Kingdom of the Netherlands | 25 | |
| 2002/C 323/36 | Case C-365/02: Reference for a preliminary ruling by the Korkein hallinto-oikeus by order of that Court of 10 October 2002 in the case of Marie Lindfors | 25 | |
| 2002/C 323/37 | Case C-385/02: Action brought on 28 October 2002 by the Commission of the European Communities against the Italian Republic | 25 | |
| 2002/C 323/38 | Case C-390/02: Action brought on 6 November 2002 by the Commission of the European Communities against the Hellenic Republic | 26 | |
| 2002/C 323/39 | Case C-393/02: Action brought on 8 November 2002 by the Commission of the European Communities against the Portuguese Republic | 27 | |
| 2002/C 323/40 | Case C-398/02: Action brought on 11 November 2002 by the Commission of the European Communities against the Kingdom of Spain | 27 | |
| 2002/C 323/41 | Case C-402/02: Action brought on 12 November 2002 by the Commission of the European Communities against the French Republic | 28 | |
| 2002/C 323/42 | Case C-405/02: Action brought on 12 November 2002 by the Commission of the European Communities against the United Kingdom | 28 | |
| 2002/C 323/43 | Removal from the register of Case C-404/95 | 29 | |
| 2002/C 323/44 | Removal from the register of Case C-366/01 | 29 | |
| 2002/C 323/45 | Removal from the register of Case C-370/01 | 29 | |
| COURT OF FIRST INSTANCE | |||
| 2002/C 323/46 | Judgment of the Court of First Instance of 17 October 2002 in Case T-98/00: Linde AG v Commission of the European Communities (State aid — Definition — Advantage — Normal commercial transaction — Rational operator in a market economy) | 30 | |
| 2002/C 323/47 | Judgment of the Court of First Instance of 9 October 2002 in Case T-173/00: KWS Saat AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Colour (shade of orange) — Absolute ground for refusal — Distinctive character — Statement of reasons) | 30 | |
| 2002/C 323/48 | Judgment of the Court of First Instance of 17 October 2002 in Case T-180/00: Astipesca, SL v Commission of the European Communities (Fisheries — Reduction of Community financial aid — Action for annulment — Articles 44 and 47 of Regulation (EEC) No 4028/86 and Article 7 of Regulation (EEC) No 1116/88 — Principle of proportionality — Action for compensation) | 31 | |
| 2002/C 323/49 | Judgment of the Court of First Instance of 8 October 2002 In Joined Cases T-185/00, T-216/00, T-299/00 and T-300/00: Métropole télévision SA (M6) and Others v Commission of the European Communities (Competition — Decision granting exemption — Television rights — Eurovision system — Article 81(1) and (3) EC — Manifest error of assessment) | 31 | |
| 2002/C 323/50 | Judgment of the Court of First Instance of 15 October 2002 in Case T-233/00: Scanbox Entertainment A/S v Commission of the European Communities (Programme encouraging the development and distribution of European audiovisual works (MEDIA II) — Automatic support for distribution — Recipient company) | 32 | |
| 2002/C 323/51 | Judgment of the Court of First Instance of 17 October 2002 in Joined Case T-330/00 and T-114/01: Stefano Cocchi and Evi Hainz against Commission of the European Communities (Officials — Recruitment procedure — Article 29(1) of the Staff Regulations — Priority of officials — Rejection of candidatures of temporary members of staff — Appointment of an official — Prohibition of discrimination — Statement of reasons — Interests of the service — Fourth and fifth paragraphs of Article 8 of the Conditions of employment of other servants — Duty to have regard for the interests of officials — Vacancy notice) | 32 | |
| 2002/C 323/52 | Judgment of the Court of First Instance of 9 October 2002 in Case T-360/00: Dart Industries Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "UltraPlus" — Absolute grounds for refusal — Descriptive character, distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94) | 33 | |
| 2002/C 323/53 | Judgment of the Court of First Instance of 9 October 2002 in Case T-36/01: Glaverbel v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Design applied to the surface of goods — Absolute ground for refusal — Distinctive character — Right to a hearing) | 33 | |
| 2002/C 323/54 | Judgment of the Court of First Instance of 9 October 2002 in Case T-134/01: Hans Fuchs Versandschlachterei KG v Commission of the European Communities (Regulation (EC) No 111/1999 — Regulation (EC) No 1135/1999 — Food-aid to Russia — Invitation to tender for mobilisation — Invitation to tender for transport — Contractual relationship — Arbitration clause — Claim for performance of a contract — Admissibility — Provision of certificates for each means of transport — Default interest) | 34 | |
| 2002/C 323/55 | Judgment of the Court of First Instance of 3 October 2002 in Case T-6/02: Michael Gerhard Franz Platte v Commission of the European Communities (Officials — Appointment — Classification in grade — Article 31(2) of the Staff Regulations) | 34 | |
| 2002/C 323/56 | Order of the Court of First Instance of 30 September 2002 in Case T-25/01: Francisco Miguel França v Commission of the European Communities (Officials — Special leave for voting — Travelling time — Supporting evidence — Lack of jurisdiction — Duty of cooperation and fairness — Principle of proportionality — Action manifestly devoid of any basis in law) | 34 | |
| 2002/C 323/57 | Order of the Court of First Instance of 27 September 2002 in Case T-254/01: Giuseppe Di Pietro v Court of Auditors of the European Communities (Officials — Appointment — Preliminary administrative procedure — Procedural error — Manifest inadmissibility) | 35 | |
| 2002/C 323/58 | Order of the Court of First Instance of 10 September 2002 in Case T-287/01: Bioelettrica SpA v Commission of the European Communities (Article 238 EC — Arbitration clause — Thermie programme — Unilateral termination of the contract by the Commission — Request that the case not proceed to judgment) | 35 | |
| 2002/C 323/59 | Order of the President of the Court of First Instance of 27 September 2002 in Case T-236/02 R: Luigi Marcuccio v Commission of the European Communities (Proceedings for interim relief — Officials — Decision to reassign — Urgency — None) | 36 | |
| 2002/C 323/60 | Case T-306/02: Action brought on 27 September 2002 by Renaud Denuit against Commission of the European Communities | 36 | |
| 2002/C 323/61 | Case T-315/02: Action brought on 10 October 2002 by Svend Klitgaard against the Commission of the European Communities | 37 | |
| 2002/C 323/62 | Case T-317/02: Action brought on 16 October 2002 by Fédération des Industries Condimentaires de France and Others against Commission of the European Communities | 37 | |
| 2002/C 323/63 | Case T-320/02: Action brought on 22 October 2002 by Monika Esch-Leonhardt, Tillmann Frommhold and Emmanuel Larue against the European Central Bank | 38 | |
| 2002/C 323/64 | Case T-326/02: Action brought on 24 October 2002 by Kotug International BV, Sleepdienst Adriaan Kooren BV and K&K International BV against the Commission of the European Communities | 39 | |
| 2002/C 323/65 | Case T-327/02: Action brought on 24 October 2002 by Muller Marine Holding BV, Muller Maritime Holding BV and Handel- en Scheepvaartmaatschappij Multraschip BV against the Commission of the European Communities | 40 | |
| 2002/C 323/66 | Case T-328/02: Action brought on 24 October 2002 by Smit Harbour Towage Rotterdam BV against the Commission of the European Communities | 40 | |
| 2002/C 323/67 | Case T-329/02: Action brought on 24 October 2002 by URS Nederland BV against the Commission of the European Communities | 41 | |
| 2002/C 323/68 | Case T-330/02: Action brought on 24 October 2002 by Wagenborg Sleepdienst BV against the Commission of the European Communities | 41 | |
| 2002/C 323/69 | Removal from the register of Case T-149/01 | 42 | |
| 2002/C 323/70 | Removal from the register of Case T-150/01 | 42 | |
| II Preparatory Acts | |||
| ...... | |||
| III Notices | |||
| 2002/C 323/71 | Last publication of the Court of Justice in the
Official Journal of the European Communities OJ C 305, 7.12.2002 | 43 | |
| Official Journal of the European Communities C 305 | |||
| EN | |||