ISSN 1725-2423

Official Journal

of the European Union

C 262

English edition

Information and Notices

Volume 47
23 October 2004

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2004/C 262/1

Judgment of the Court (Second Chamber) of 9 September 2004 in Case C-304/01: Kingdom of Spain v Commission of the European Communities (Common fisheries policy — Regulation (EC) No 1162/2001 — Recovery of the stock of hake — Control of the activities of fishing vessels — Choice of legal basis — Principle of non-discrimination — Obligation to give reasons)

1

2004/C 262/2

Judgment of the Court (Second Chamber) of 9 September 2004 in Case C-332/01: Hellenic Republic v Commission of the European Communities (EAGGF — Clearance of accounts — 1996 to 1999 — Decision 2001/557/EC — Cotton, olive oil, dried grapes, sheepmeat and goatmeat)

1

2004/C 262/3

Judgment of the Court (Grand Chamber) of 7 September 2004 in Case C-127/02 (reference for a preliminary ruling from the Raad van State): Landelijke Vereniging tot Behoud van de Waddenzee, Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, Natuurbeheer en Visserij (Directive 92/43/EEC — Conservation of natural habitats and of wild flora and fauna — Concept of ‘plan’ or ‘project’ — Assessment of the implications of certain plans or projects for the protected site)

2

2004/C 262/4

Judgment of the Court (First Chamber) of 9 September 2004 in Joined Cases C-184/02 and C-223/02: Kingdom of Spain and Republic of Finland v European Parliament and Council of the European Union (Directive 2002/15/CE — Organisation of the working time of road transport workers — Self-employed drivers — Legal basis — Freedom to pursue an occupation — Principle of equal treatment — Proportionality — Obligation to state reasons)

3

2004/C 262/5

Judgment of the Court (Second Chamber) of 9 September 2004 in Case C-195/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 91/439/EEC — Driving licences — Mutual recognition — Compulsory registration and exchange — Conditions for the renewal of licences issued prior to the transposition of the directive)

3

2004/C 262/6

Judgment of the Court (First Chamber) of 9 September 2004 in Case C-292/02 (reference for a preliminary ruling from the Finanzgericht Düsseldorf): Meiland Azewijn BV v Hauptzollamt Duisburg (Excise duties — Mineral oils used in agricultural works — Directive 92/81/EEC — Article 8a — Marking in the Member State where released for consumption — Prohibition on marking in the Member State of use — Directive 95/60/EC)

4

2004/C 262/7

Judgment of the Court (Grand Chamber) of 7 September 2004 in Case C-319/02 (reference for a preliminary ruling from the Korkein hallinto-oikeus): Petri Manninen (Income tax — Tax credit for dividends paid by Finnish companies — Articles 56 EC and 58 EC — Cohesion of the tax system)

4

2004/C 262/8

Judgment of the Court (Grand Chamber) of 7 September 2004 in Case C-346/02: Commission of the European Communities v Grand Duchy of Luxembourg (Insurance — Third non-life insurance directive — Bonus-malus system)

5

2004/C 262/9

Judgment of the Court (Grand Chamber) of 7 September 2004 in Case C-347/02: Commission of the European Communities v French Republic (Insurance — Third non-life insurance directive — Bonus-malus system)

5

2004/C 262/10

Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-375/02: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste management — Castelliri waste disposal site — Directive 75/442/EEC of 18 March 1991 as amended by Directive 91/156/EEC — Articles 4 and 8)

5

2004/C 262/11

Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-383/02: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste management — Rodano waste disposal site — Directive 75/442/EEC as amended by Directive 91/156/EEC — Articles 4 and 8)

6

2004/C 262/12

Judgment of the Court (First Chamber) of 9 September 2004 in Case C-397/02 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Clinique La Ramée ASBL, Winterthur Europe Assurance SA v Jean-Pierre Riehl, Council of the European Union (Officials — Social benefits — Communities' right of subrogation to an official's rights against the third party liable for an actionable event)

6

2004/C 262/13

Judgment of the Court (First Chamber) of 9 September 2004 in Case C-417/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 85/384/EEC — Recognition of architects' diplomas — Registration procedure with the Greek Technical Board (Technico Epimelitirio Elladas) — Obligation to provide a document stating that the evidence of formal qualifications concerned is covered by the system of mutual recognition)

7

2004/C 262/14

Judgment of the Court (Grand Chamber) of 7 September 2004 in Case C-456/02 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles): Michel Trojani v Centre public d'aide sociale de Bruxelles (CPAS) (Freedom of movement of persons — Citizenship of the European Union — Right of residence — Directive 90/364/EEC — Limitations and conditions — Person working in a hostel in return for benefits in kind — Entitlement to social assistance benefits)

7

2004/C 262/15

Judgment of the Court (Second Chamber) of 7 September 2004 in Case C-469/02: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Career break benefit — Residence condition — Indirect discrimination based on nationality — Article 39 EC — Article 7 of Regulation (EEC) No 1612/68 — Article 73 of Regulation (EEC) No 1408/71)

8

2004/C 262/16

Judgment of the Court (Second Chamber) of 7 September 2004 in Case C-1/03 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): criminal proceedings against Paul Van de Walle and Others and Texaco Belgium SA (Environment — Waste — Directives 75/442/EEC and 91/156/EEC — Meaning of ‘waste’, ‘producer of waste’ and ‘holder of waste’ — Soil infiltrated by leaked hydrocarbons — Independent operation of a service station belonging to a petroleum company)

8

2004/C 262/17

Judgment of the Court (First Chamber) of 9 September 2004 in Case C-70/03: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Rules of interpretation — Rules concerning conflict of laws)

9

2004/C 262/18

Judgment of the Court (First Chamber) of 9 September 2004 in Case C-72/03 (reference for a preliminary ruling from the Commissione tributaria di Massa): Carbonati Apuani Srl v Comune di Carrara (Charges having effect equivalent to a customs duty — Tax levied on marble excavated in the territory of a municipality on its being transported across the boundaries of the municipal territory)

9

2004/C 262/19

Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-113/03: Commission of the European v French Republic (Failure of a Member State to fulfil obligations — Telecommunications — Directive 97/33/CE — Number portability service — Non-geographic numbers)

10

2004/C 262/20

Judgment of the Court (First Chamber) of 9 September 2004 in Case C-125/03: Commission of the European Communities against Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Admissibility — Legal interest in bringing proceedings — Directive 92/50/EEC — Public contracts — Services for transport of waste — Procedure without prior publication of a contract notice)

10

2004/C 262/21

Judgment of the Court (First Chamber) of 9 September 2004 in Case C-269/03 (reference for a preliminary ruling from the Cour d'appel): Administration de l'enregistrement et des domains, État du grand-duché de Luxembourg v Vermietungsgesellschaft Objekt Kirchberg SARL (Sixth VAT Directive — Article 13(C) — Exemption of transactions of leasing or letting of immovable property — Right of option for taxation — Deduction of input tax — Obtaining prior approval of the tax authorities)

11

2004/C 262/22

Judgment of the Court (Sixth Chamber) of 9 September 2004 in Case C-450/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/44/EC)

11

2004/C 262/23

Judgment of the Court (Sixth Chamber) of 9 September 2004 in Case C-454/03: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/44/EC)

11

2004/C 262/24

Case C-284/04: Reference for a preliminary ruling by the Landesgericht für Zivilrechtssachen Wien by order of that court of 7 June 2004 in the case of T-Mobile Austria GmbH against the Republic of Austria

12

2004/C 262/25

Case C-301/04 P: Appeal brought on 14 July 2004 by the Commission of the European Communities against the judgment of 29 April 2004 by the Court of First Instance (Second Chamber) in Joined Cases T-236/01, T-239/01, T-244/01, T-245/01, T-246/01, T-251/01 and T-252/01 Tokai Carbon and Others v Commission of the European Communities, in regard to Case T-239/01

13

2004/C 262/26

Case C-308/04 P: Appeal brought on 19 July 2004 by SGL Carbon AG against the judgment of 29 April 2004 by the Court of First Instance (Second Chamber) in Joined Cases T-236/01, T-239/01, T-244/01, T-245/01, T-246/01, T-251/01 and T-252/01 Tokai Carbon and Others v Commission of the European Communities, in regard to Case T-239/01

14

2004/C 262/27

Case C-328/04: Reference for a preliminary ruling by the Fővárosi Bíróság (Hungary) by order of that court of 24 June 2004 in the criminal proceedings against Attila Vajnai

15

2004/C 262/28

Case C-330/04: Action brought on 30 July 2004 by the Commission of the European Communities against the Italian Republic

16

2004/C 262/29

Case C-332/04: Action brought on 28 July 2004 by Commission of the European Communities against Kingdom of Spain

16

2004/C 262/30

Case C-342/04 P: Appeal brought on 10 August 2004 by the Hauptverband der Deutschen Bauindustrie e.V., Kaefer Isoliertechnik GmbH & Co. KG and Geschäftsführer Jürgen Schmoldt against the order made on 25 May 2004 by the Third Chamber of the Court of First Instance of the European Communities in Case T-264/03 between (i) Jürgen Schmoldt, Kaefer Isoliertechnik GmbH & Co. KG and Hauptverband der Deutschen Bauindustrie e.V. and (ii) the Commission of the European Communities

17

2004/C 262/31

Case C-351/04: Reference for a preliminary ruling by the High Court of Justice (England and Wales), Chancery Division, by order of that court dated 22 July 2004, in the case of Ikea Wholesale Ltd against Commissioners of Customs and Excise

18

2004/C 262/32

Case C-352/04: Reference for a preliminary ruling by the Verwaltungsgericht Köln by order of that court of 30 June 2004 in the case of mdm Versandservice GmbH against Bundesrepublik Deutschland, joined parties: Deutsche Post AG

19

2004/C 262/33

Case C-353/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 22 July 2004 in the case of Nowaco Germany GmbH against Hauptzollamt Hamburg-Jonas

19

2004/C 262/34

Case C-359/04: Reference for a preliminary ruling by the Tribunale de Teramo by decision of that court of 31 July 2004 in the case of criminal proceedings against Christian Palazzese

20

2004/C 262/35

Case C-360/04: Reference for a preliminary ruling by the Tribunale di Teramo by order of that court of 31 July 2004 in the case of criminal proceedings against Angelo Sorricchio

20

2004/C 262/36

Case C-361/04 P: Appeal brought on 19 August 2004 (Fax: 18 August 2004) by Claude Ruiz-Picasso, Paloma Ruiz-Picasso, Maya Widmaier-Picasso, Marina Ruiz-Picasso and Bernard Ruiz-Picasso against the judgment delivered on 22 June 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-185/02 Claude Ruiz-Picasso, Paloma Ruiz-Picasso, Maya Widmaier-Picasso, Marina Ruiz-Picasso and Bernard Ruiz-Picasso v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), supported by DaimlerChrysler AG, which was also a party before the Board of Appeal

21

2004/C 262/37

Case C-366/04: Reference for a preliminary ruling by the Unabhängiger Verwaltungssenat Salzburg by order of that court of 16 August 2004 in the case of Georg Schwarz against Bürgermeister der Landeshauptstadt Salzburg

22

2004/C 262/38

Case C-370/04: Action brought on 26 August 2004 by the Commission of the European Communities against the Federal Republic of Germany

22

2004/C 262/39

Case C-375/04: Action brought on 1 September 2004 by Commission of the European Communities against Grand Duchy of Luxembourg

22

2004/C 262/40

Case C-376/04: Action brought on 2 September 2004 by the Commission of the European Communities against Kingdom of Belgium

23

2004/C 262/41

Case C-377/04: Action brought on 2 September 2004 by the Commission of the European Communities against the Republic of Austria

23

2004/C 262/42

Case C-378/04: Action brought on 2 September 2004 by the Commission of the European Communities against the Republic of Austria

23

2004/C 262/43

Case C-279/04: Reference for a preliminary ruling by the Retten i Hørsholm (Denmark) by order of that court of 4 June 2004 in the case of Anklagemyndigheden against Steffen Ryborg

24

2004/C 262/44

Case C-382/04: Action brought on 6 September 2004 by the Commission of the European Communities against Grand Duchy of Luxembourg

24

2004/C 262/45

Case C-383/04: Action brought on 6 September 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg

24

2004/C 262/46

Case C-385/04: Action brought on 7 September 2004 by the Commission of the European Communities against the United Kingdom

25

2004/C 262/47

Case C-386/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 14 July 2004 in the case of Centro di Musicologia Walter Stauffer against Finanzamt München für Körperschaften

25

2004/C 262/48

Case C-387/04: Reference for a preliminary ruling by the Amtsgericht Dresden by order of 7 September 2004 in the insolvency proceedings against Volker Donath

25

COURT OF FIRST INSTANCE

2004/C 262/49

Order of the Court of First Instance of 8 July 2004 in Case T-200/02, Vassilios Tsarnavas v Commission of the European Communities (Officials — Late establishment of staff report — Claim for annulment — Claim for damages — Inadmissibility)

26

2004/C 262/50

Order of the Court of First Instance of 14 July 2004 in Case T 360/02: Wolf-Dieter Graf Yorck von Wartenburg v Commission of the European Communities (Death of the applicant — No continuance of suit by estate — No need to adjudicate)

26

2004/C 262/51

Order of the Court of First Instance of 6 July 2004 in Case T-370/02 Alpenhain-Camembert-Werk and Others v Commission of the European Communities (Regulation (EC) No 1829/2002 — Registration of a designation of origin — ‘Feta’ — Application for annulment — Locus standi — Inadmissibility)

26

2004/C 262/52

Order of the Court of First Instance of 8 July 2004 in Case T-338/03: Eridania Sadam and Others v Commission of the European Communities (Common organisation of the markets in the sugar sector — Price regime — Regionalisation — Deficit areas — Classification of Italy — Marketing year 2003/2004 — Regulation No 1158/2003 — Action for annulment — Natural and legal persons — Inadmissibility)

27

2004/C 262/53

Order of the Court of First Instance of 27 July 2004 in Case T-148/04 R, TQ3 Travel Solutions Belgium SA v Commission of the European Communities (Public service contracts — Community tendering procedure — Application for interim measures — Application for suspension of operation and interim measures — Urgency — Absence)

27

2004/C 262/54

Case T-198/04: Action brought on 28 May 2004 by José Félix Merladet against the Commission of the European Communities

28

2004/C 262/55

Case T-253/04: Action brought on 25 June 2004 by Zubeyir Aydar on behalf of Kongra-Gel and 10 others against the Council of the European Union

28

2004/C 262/56

Case T-254/04: Action brought on 16 June 2004 by Spyridon de Athanassios Pappas against the Committee of the Regions

29

2004/C 262/57

Case T-259/04: Action brought on 21 June 2004 by Anne Koistinen against the Commission of the European Communities

29

2004/C 262/58

Case T-264/04: Action brought on 30 June 2004 by World Wide Fund for Nature European Policy Programme against the Council of the European Union

30

2004/C 262/59

Case T-270/04: Action brought on 1 July 2004 by Bic Deutschland GmbH & Co OHG against the Commission of the European Communities

30

2004/C 262/60

Case T-271/04: Action brought on 5 July 2004 by Citymo S.A. against the Commission of the European Communities

31

2004/C 262/61

Case T-274/04: Action brought on 8 July 2004 by Georgios Rounis against the Commission of the European Communities

32

2004/C 262/62

Case T-275/04: Action brought on 7 July 2004 by Aries Meca against the Commission of the European Communities

32

2004/C 262/63

Case T-276/04: Action brought on 8 July 2004 by Compagnie Maritime Belge N.V./S.A. against the Commission of the European Communities

32

2004/C 262/64

Case T-279/04: Action brought on 8 July 2004 by Éditions Odile Jacob SAS against the Commission of the European Communities

33

2004/C 262/65

Case T-281/04: Action brought on 9 July 2004 by Paola Staboli against the Commission of the European Communities

34

2004/C 262/66

Case T-283/04: Action brought on 9 July 2004 by Georgia-Pacific S.A.R.L. against the Office for Harmonisation in the Internal Market (OHIM)

34

2004/C 262/67

Case T-285/04: Action brought on 13 July 2004 by Michel Andrieu against the Commission of the European Communities

35

2004/C 262/68

Case T-289/04: Action brought on 15 July 2004 by Dimitra Lantzoni against the Court of Justice of the European Communities

35

2004/C 262/69

Case T-290/04: Action brought on 21 July 2004 by Miguel Teixeira Gaspar, Pedro Paixão Telhada, Ricardo Jorge da Silva Seara Pinto de Amorim and Fernando Miguel Santos Ribeiro against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

36

2004/C 262/70

Case T-293/04: Action brought on 9 July 2004 by Guy Tachelet against the Commission of the European Communities

37

2004/C 262/71

Case T-294/04: Action brought on 23 July 2004 by Internationaler Hilfsfonds e.V. against the Commission of the European Communities

37

2004/C 262/72

Case T-296/04: Action brought on 22 July 2004 by Salvador Contreras Gila, José Ramiro Lopez and Antonio Ramiro Lopez against the Council of the European Union

38

2004/C 262/73

Case T-298/04: Action brought on 21 July 2004 by EFKON AG against the European Parliament and the Council of the European Union

38

2004/C 262/74

Case T-300/04: Action brought on 15 July 2004 by easyJet Airline Company Limited against the Commission of the European Communities

39

2004/C 262/75

Case T-301/04: Action brought on 28 July 2004 by Clearstream Banking Aktiengesellschaft and Clearstream International sociéte anonyme Luxembourg against the Commission of the European Communities

39

2004/C 262/76

Case T-302/04: Action brought on 26 July 2004 by Maison de l'Europe Avignon Méditerranée against the Commission of the European Communities

40

2004/C 262/77

Case T-303/04: Action brought on 29 July 2004 by European Dynamics SA against the Commission of the European Communities

40

2004/C 262/78

Case T-305/04: Action brought on 26 July 2004 by Eden against the Office for Harmonisation in the Internal Market (OHIM)

41

2004/C 262/79

Case T-306/04: Action brought on 15 July 2004 by Monika Luxem against the Commission of the European Communities

41

2004/C 262/80

Case T-307/04: Action brought on 19 July 2004 by Carlo Pagliacci against the Commission of the European Communities

42

2004/C 262/81

Case T-308/04: Action brought on 19 July 2004 by Francesco Ianniello against the Commission of the European Communities

42

2004/C 262/82

Case T-309/04: Action brought on 28 July 2004 by TV2/DANMARK A/S against the Commission of the European Communities

43

2004/C 262/83

Case T-310/04: Action brought on 26 July 2004 by Ferrero oHG mbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

43

2004/C 262/84

Case T-311/04: Action brought on 22 July 2004 by José Luis Buendia Sierra against the Commission of the European Communities

44

2004/C 262/85

Case T-312/04: Action brought on 22 July 2004 by Vittorio Di Bucci against the Commission of the European Communities

45

2004/C 262/86

Case T-313/04: Action brought on 30 July 2004 by Hewlett-Packard GmbH against the Commission of the European Communities

45

2004/C 262/87

Case T-314/04: Action brought on 27 July 2004 by the Federal Republic of Germany against the Commission of the European Communities

46

2004/C 262/88

Case T-316/04: Action brought on 2 August 2004 by Wam SpA against the Commission of the European Communities

46

2004/C 262/89

Case T-317/04: Action brought on 3 August 2004 by the Kingdom of Denmark against the Commission of the European Communities

47

2004/C 262/90

Case T-319/04: Action brought on 27 July 2004 by Port Support Customs Rotterdam B.V. against the Commission of the European Communities

48

2004/C 262/91

Case T-321/04: Action brought on 29 July 2004 by Air Bourbon against the Commission of the European Communities

48

2004/C 262/92

Case T-322/04: Action brought on 5 August 2004 by Colgate-Palmolive Company against Office for Harmonisation in the Internal Market (OHIM)

49

2004/C 262/93

Case T-323/04: Action brought on 4 August 2004 by Brandt Italia SpA against the Commission of the European Communities

50

2004/C 262/94

Case T-329/04: Action brought on 2 August 2004 by Viasat Broadcasting UK Ltd against the Commission of the European Communities

50

2004/C 262/95

Case T-336/04: Action brought on 13 August 2004 by TV Danmark A/S and Kanal 5 Denmark Ltd., against the Commission of the European Communities

51

2004/C 262/96

Case T-338/04: Action brought on 11 August 2004 by Centro Europa 7 srl against the Commission of the European Communities

52

2004/C 262/97

Case T-339/04: Action brought on 10 August 2004 by Wanadoo S.A. against the Commission of the European Communities

53

2004/C 262/98

Case T-340/04: Action brought on 11 August 2004 by France Télécom S.A. against the Commission of the European Communities

53

2004/C 262/99

Case T-342/04: Action brought on 9 August 2004 by Herta Adam against the Commission of the European Communities

54

2004/C 262/100

Case T-343/04: Action brought on 6 August 2004 by Vassilios Tsarnavas against the Commission of the European Communities

54

2004/C 262/101

Case T-344/04: Action brought on 13 August 2004 by Stardust Marine S.A. against the Commission of the European Communities

55

2004/C 262/102

Case T-345/04: Action brought on 20 August 2004 by Italian Republic against the Commission of the European Communities

55

2004/C 262/103

Case T-346/04: Action brought on 17 August 2004 by Sadas S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

56

2004/C 262/104

Case T-347/04: Action brought on 17 August 2004 by Pascal Millot against the Commission of the European Communities

57

2004/C 262/105

Case T-348/04: Action brought on 20 August 2004 by Société Internationale de Diffusion et d'Édition against the Commission of the European Communities

57

2004/C 262/106

Case T-354/04: Action brought on 25 August 2004 by Gaetano Petralia against the Commission of the European Communities

58

2004/C 262/107

Case T-355/04: Action brought on 27 August 2004 by Co-Frutta Soc. coop. arl against the Commission of the European Communities

58

2004/C 262/108

Case T-360/04: Action brought on 2 September 2004 by FG Marine S.A. against the Commission of the European Communities

59

2004/C 262/109

Removal from the Register of Case T-283/99

60

2004/C 262/110

Removal from the Register of Case T-108/02

60

2004/C 262/111

Removal from the Register of Case T-174/03

60

2004/C 262/112

Removal from the Register of Case T-52/04

60

III   Notices

2004/C 262/113

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 251, 9.10.2004

61

EN