Official Journal
of the European Union
ISSN 1725-2423

C 47
Volume 47
21 February 2004
English editionInformation and Notices
Notice NoContents

Page
I Information
Court of Justice
COURT OF JUSTICE
2004/C 47/01Judgment of the Court (Sixth Chamber) of 11 December 2003 in Case C-127/00 (Reference for a preliminary ruling from the Bundesgerichtshof): Hässle AB v Ratiopharm GmbH (Council Regulation (EEC) No 1768/92 — Medicinal products — Supplementary protection certificate — Articles 15 and 19 — Validity of Article 19 — Concept of "first authorisation to place … on the market in the Community" — Legal effects of non-compliance with the relevant date referred to in Article 19) 1
2004/C 47/02Judgment of the Court of 13 January 2004 in Case C-440/00 (Reference for a preliminary ruling from the Bundesarbeitsgericht ): Gesamtbetriebsrat der Kühne & Nagel AG & Co. KG v Kühne & Nagel AG & Co. KG (Social policy — Articles 4 and 11 of Directive 94/45/EC — European Works Councils — Informing and consulting employees in Community-scale undertakings — Group of undertakings whose central management is not located in a Member State) 1
2004/C 47/03Judgment of the Court of 13 January 2004 in Case C-453/00 (Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): Kühne & Heitz NV v Productschap voor Pluimvee en Eieren (Poultrymeat — Export refunds — Failure to refer a question for a preliminary ruling — Final administrative decision — Effect of a preliminary ruling given by the Court after that decision — Legal certainty — Primacy of Community law — Principle of cooperation — Article 10 EC) 2
2004/C 47/04Judgment of the Court of 7 January 2004 in Case C-117/01 (Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division): K.B. v National Health Service Pensions Agency, Secretary of State for Health (Article 141 EC — Directive 75/117/EEC — Equal treatment for men and women — Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse — Discrimination on grounds of sex) 3
2004/C 47/05Judgment of the Court (Fifth Chamber) of 11 December 2003 in Case C-215/01 (Reference for a preliminary ruling from the Amtsgericht Augsburg): Bruno Schnitzer (Freedom to provide services — Directive 64/427/EEC — Skilled services in the plastering trade — National rules requiring foreign skilled-trade undertakings to be entered on the trades register — Proportionality) 3
2004/C 47/06Judgment of the Court (Sixth Chamber) of 15 January 2004 in Case C-230/01 (Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division): The Intervention Board for Agricultural Produce v Penycoed Farming Partnership (Regulation (EEC) No 3950/92 — Additional levy in the milk and milk products sector — Deliveries by a producer to a purchaser — Payment of levy — Recovery from the producer) 4
2004/C 47/07Judgment of the Court of 13 January 2004 in Case C-256/01 (Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division): Debra Allonby v Accrington & Rossendale College, Education Lecturing Services, trading as Protocol Professional, formerly Education Lecturing Services Secretary of State for Education and Employment (Principle of equal pay for men and women — Direct effect — Meaning of worker — Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company — Self-employed lecturers not eligible for membership of an occupational pension scheme) 4
2004/C 47/08Judgment of the Court of 11 December 2003 in Case C-322/01 (Reference for a preliminary ruling from the Landgericht Frankfurt am Main): Deutscher Apothekerverband eV v 0800 DocMorris NV, Jacques Waterval (Articles 28 EC and 30 EC — Directives 92/28/EEC and 2000/31/EC — National legislation restricting internet sales of medicinal products for human use by pharmacies established in another Member State — Doctor's prescription required for supply — Prohibition on advertising the sale of medicinal products by mail order) 5
2004/C 47/09Judgment of the Court (Fifth Chamber) of 11 December 2003 in Case C-364/01 (Reference for a preliminary ruling from the Gerechtshof te 's-Hertogenbosch): The heirs of H. Barbier v Inspecteur van de Belastingdienst Particulieren/Ondernemingen buitenland te Heerlen (Interpretation of Articles 48 and 52 of the EEC Treaty (subsequently Articles 48 and 52 of the EC Treaty, now, after amendment, Articles 39 EC and 43 EC), Article 67 of the EEC Treaty (subsequently Article 67 of the EC Treaty, repealed by the Treaty of Amsterdam), Articles 6 and 8a of the EC Treaty (now, after amendment, Articles 12 EC and 18 EC) — Directives 88/361/EEC and 90/364/EEC — Inheritance tax — Requirement of cross-border economic activity — Prohibition of discrimination on the basis of Member State of residence) 6
2004/C 47/10Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-500/01: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Market for telecommunications services — Tariff rebalancing — Access to the local loop — Directive 90/388/EEC — Article 4(c)) 6
2004/C 47/11Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-58/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 98/84/EC — Information society — Radio broadcasting — Services based on conditional access — Services consisting of conditional access — Protected services — Legal protection — Devices giving unauthorised access) 7
2004/C 47/12Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-60/02 (Reference for a preliminary ruling from the Landesgericht Eisenstadt): X (Counterfeit and pirated goods — No criminal penalty for the transit of counterfeit goods — Compatibility with Regulation (EC) No 3295/94) 7
2004/C 47/13Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-100/02 (Reference for a preliminary ruling from the Bundesgerichtshof): Gerolsteiner Brunnen GmbH & Co. v Putsch GmbH (Directive 89/104/EEC — Limitation of the effects of a trade mark in relation to indications concerning geographical origin — Use of a geographical indication as a trade mark as an element of use in accordance with "honest practices in industrial or commercial matters") 8
2004/C 47/14Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-201/02 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court): The Queen on the application of Delena Wells v Secretary of State for Transport, Local Government and the Regions (Directive 85/337/EEC — Assessment of the effects of certain projects on the environment — National measure granting consent for mining operations without an environmental impact assessment being carried out — Direct effect of directives Triangular situation) 8
2004/C 47/15Judgment of the Court (Fifth Chamber) of 11 December 2003 in Case C-289/02 (Reference for a preliminary ruling from the Oberlandesgericht München): AMOK Verlags GmbH v A & R Gastronomie GmbH (Freedom to provide services — Lawyer established in one Member State working in conjunction with a lawyer established in another Member State — Legal costs to be reimbursed by the unsuccessful party in a dispute to the successful party Limitation) 9
2004/C 47/16Judgment of the Court (Third Chamber) of 11 December 2003 in Case C-122/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Measures having equivalent effect — Importers and distributors of medicinal products — Submission of a certified copy or a document attesting to the holding of a marketing authorisation) 10
2004/C 47/17Order of the Court (Second Chamber) of 16 October 2003 nella causa C-244/02 (Reference for a preliminary ruling from the Korkein hallinto-oikeus): Kauppatalo Hansel Oy v Imatran kaupunki (Article 104(3) — Rules of Procedure — Procurement contracts — Directive 93/36/EEC — Procedures for the award of public supply contracts — Incorrect assessment as regards the criterion for determining the most economically advantageous tender — Procurement procedure discontinued) 10
2004/C 47/18Case C-44/03: Reference for a preliminary ruling by the Bezirksgericht Dornbirn by order of that court of 16 December 2002 in the case of Helmut Horn against Dr Karl Schelling 11
2004/C 47/19Case C-184/03: Reference for a preliminary ruling by the Landesgericht für Zivilrechtssachen Wien by order of that court of 15 April 2003 in the case of Helmut Fröschl against Republic of Austria 12
2004/C 47/20Case C-229/03: Reference for a preliminary ruling by the Landesgericht für Zivilrechtsachen Wien by order of that court of 7 April 2003 in the case of Monika Herbstrith against Republic of Austria 12
2004/C 47/21Case C-438/03: Reference for a preliminary ruling by the Ufficio del guidice di pace de Bitonto by order of that Court of 6 October 2003 in the case of Antonio Cannito against Fondiaria-Sai Ass.ni. 13
2004/C 47/22Case C-439/03: Reference for a preliminary ruling by the Ufficio del guidice di pace de Bitonto by order of that Court of 6 October 2003 in the case of Antonio Cannito against Fondiaria-Sai Ass.ni. 13
2004/C 47/23Case C-465/03: Reference for a preliminary ruling by the Unabhängigen Finanzsenats der Außenstelle Linz by order of that Court of 20 October 2003 in the case of Kretztechnik AG against Finanzamt Linz 14
2004/C 47/24Case C-491/03: Reference for a preliminary ruling by the Hessischen Verwaltungsgerichtshofes by order of that Court of 1 October 2003 in the case of Volkswirt Weinschänken GmbH against Stadt Frankfurt am Main 14
2004/C 47/25Case C-502/03: Action brought on 26 November 2003 by the Commission of the European Communities against the Hellenic Republic 15
2004/C 47/26Case C-506/03: Action brought on 1 December 2003 (fax 26 November 2003) by the Federal Republic of Germany against the Commission of the European Communities 15
2004/C 47/27Case C-508/03: Action brought on 1 December 2003 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland 16
2004/C 47/28Case C-512/03: Reference for a preliminary ruling by the Gerechthof Herzogenbusch by order of that Court of 4 December 2003 in the case of J.E.J. Blanckaert against Inspecteur van de Belastingdienst/Particulieren/Ondernemingen Buitenland te Heerlen 17
2004/C 47/29Case C-514/03: Action brought on 8 December 2003 by the Commission of the European Communities against the Kingdom of Spain 18
2004/C 47/30Case C-517/03: Counterclaim submitted in the defence lodged on 17 July 2001 by the Commission in Case T-85/01 Società IAMA Consulting v Commission of the European Communities, pending before the Court of First Instance and referred to the Court of Justice on 2 December 2003 by order of 25 November 2003, as a matter of jurisdiction 19
2004/C 47/31Case C-518/03: Action brought on 9 December 2003 by the Commission of the European Communities against the Kingdom of Sweden 19
2004/C 47/32Case C-522/03: Reference for a preliminary ruling by the Oberlandesgericht München by order of that Court of 24 June 2003 in the case of SA Scania Finance France against Rockinger Spezialfabrik für Anhängerkupplungen GmbH & Co. 20
2004/C 47/33Case C-535/03: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) by order of that court dated 10 December 2003, in the case of The Queen on the application of 1) Unitymark Ltd, 2) North Sea Fishermen's Organisation against Department for Environment, Food and Rural Affairs 20
2004/C 47/34Case C-536/03: Reference for a preliminary ruling by the Supremo Tribunal Administrativo, Portugal, by order of that Court of 26 November 2003 in the case of António Jorge Lda against Fazenda Pública 21
2004/C 47/35Case C-540/03: Action brought on 22 December 2003 by the European Parliament against the Council of the European Union 21
2004/C 47/36Case C-544/03: Reference for a preliminary ruling by the Conseil d'État (Belgium) by order of that Court of 8 December 2003 in the case of S.A Mobistar against Commune de Fléron 22
2004/C 47/37Case C-545/03: Reference for a preliminary ruling by the Conseil d'État (Belgium) by order of that Court of 8 December 2003 in the case of S.A. Belgacom Mobile against Commune de Schaerbeek 22
2004/C 47/38Case C-547/03 P: Appeal brought on 22 December 2003 by Asian Institute of Technology (AIT) against the order made on 15 October 2003 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-288/02 between Asian Institute of Technology (AIT) and the Commission of the European Communities 23
2004/C 47/39Case C-548/03: Action brought on 23 December 2003 by the European Parliament against the Council of the European Union 24
2004/C 47/40Case C-549/03: Action brought on 23 December 2003 by the European Parliament against the Council of the European Union 24
2004/C 47/41Case C-554/03: Reference for a preliminary ruling by the Ufficio del Giudice di Pace di Gorizia by order of that Court of 27 November 2003 in the case of Azienda Agricola Tomadin Silvano and AGEA 25
2004/C 47/42Case C-555/03: Reference for a preliminary ruling by the Tribunal du travail de Charleroi, Section de Charleroi, by order of that Court of 15 December 2003 in the case of Magali Warbecq against RYANAIR Ltd, a company incorporated under Irish law 25
2004/C 47/43Case C-4/04: Action brought on 8 January 2004 by the Commission of the European Communities against the Republic of Austria 25
2004/C 47/44Case C-5/04: Action brought on 9 January 2004 by the Commission of the European Communities against the Federal Republic of Germany 26
2004/C 47/45Case C-10/04: Action brought on 13 January 2004 by the Commission of the European Communities against the Republic of Austria 26
2004/C 47/46Removal from the register of Case C-376/99 26
2004/C 47/47Removal from the register of Case C-101/03 26
2004/C 47/48Removal from the register of Case C-126/02 27
2004/C 47/49Removal from the register of Case C-35/03 27
2004/C 47/50Removal from the register of Case C-57/03 27
2004/C 47/51Removal from the register of Case C-80/03 27
2004/C 47/52Removal from the register of Case C-108/03 27
2004/C 47/53Removal from the register of Case C-142/03 27
2004/C 47/54Removal from the register of Case C-218/03 27
COURT OF FIRST INSTANCE
2004/C 47/55Order of the Court of First Instance of 15 October 2003 in Case T-288/02: Asian Institute of Technology (AIT) v Commission of the European Communities (Action for annulment — Decision to conclude a research contract — Inadmissibility) 28
2004/C 47/56Case T-394/03: Action brought on 8 December 2003 by Flavia Angeletti against the Commission of the European Communities 28
2004/C 47/57Case T-396/03: Action brought on 10 December 2003 by Joseph Vanhellemont against the Commission of the European Communities 29
2004/C 47/58Case T-397/03: Action brought on 10 December 2003 by the Fédération de l'Hospitalisation Privée ("FHP") against the Commission of the European Communities 29
2004/C 47/59Case T-399/03: Action brought on 13 December 2003 by Arnaldo Lucaccioni against the Commission of the European Communities 30
2004/C 47/60Case T-404/03: Action brought on 16 December 2003 by A against the Court of Justice of the European Communities 31
2004/C 47/61Case T-406/03: Action brought on 15 December 2003 by Nicolas Ravailhe against Committee of the Regions of the European Union 31
2004/C 47/62Case T-408/03: Action brought on 12 December 2003 by the Regione Siciliana against the Commission of the European Communities 32
2004/C 47/63Case T-414/03: Action brought on 11 December 2003 by the Regione Siciliana against the Commission of the European Communities 32
2004/C 47/64Case T-415/03: Action brought on 18 December 2003 by Cofradía de Pescadores San Pedro de Bermeo, Vizcaya, and Others against the Council of the European Union 32
2004/C 47/65Case T-418/03: Action brought on 22 December 2003 by La Mer Technology, Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) 33
2004/C 47/66Case T-420/03: Action brought on 17 December 2003 by El Corte Inglés against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) 34
2004/C 47/67Case T-422/03: Action brought on 23 December 2003 by Enviro Tech Europe, Ltd., and Enviro Tech International Inc. against the Commission of the European Communities 35
2004/C 47/68Case T-423/03: Action brought on 23 December 2003 by Elisabeth Saskia Smit against Europol 36
2004/C 47/69Case T-428/03: Action brought on 20 December 2003 by Gerhard Keinhorst against the Commission of the European Communities 36
2004/C 47/70Case T-430/03: Action brought on 21 December 2003 by Iosif Dascalu against the Commission of the European Communities 37
2004/C 47/71Case T-431/03: Action brought on 22 December 2003 by Liam O'Bradaigh against the Commission of the European Communities 38
2004/C 47/72Case T-432/03: Action brought on 22 December 2003 by Jean Dehon against the European Parliament 38
2004/C 47/73Case T-435/03: Action brought on 24 December 2003 by the Regione Siciliana against the Commission of the European Communities 39
2004/C 47/74Case T-438/03: Action brought on 26 December 2003 by Kelvin William Stephens against Commission of the European Communities 40
II Preparatory Acts
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III Notices
2004/C 47/75Last publication of the Court of Justice in the Official Journal of the European Union
OJ C 35, 7.2.2004		 41
Official Journal of the European Communities C 035
EN