Notice No
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Contents
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page
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I Information
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Court of Justice
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COURT OF JUSTICE
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2005/C 229/1
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Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)
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1
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2005/C 229/2
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Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-41/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain, French Republic (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 465/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)
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1
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2005/C 229/3
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Judgment of the Court (First Chamber) of 7 July 2005 in Case C-153/03: (Reference for a preliminary ruling, Cour de cassation) Caisse nationale des prestations familiales v Ursula Schwarz, née Weide (Family benefits — Child-raising allowance — Suspension of entitlement to the benefits in the State of employment — Entitlement to similar benefits in the State of residence)
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2
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2005/C 229/4
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Judgment of the Court (Third Chamber) of 7 July 2005 in Case C-227/03: Reference for a preliminary ruling from the Rechtbank te Amsterdam in A.J. van Pommeren-Bourgondiën v Raad van bestuur van de Sociale verzekeringsbank (Social security — Regulation (EEC) No 1408/71 — Scope — Invalidity benefit — Continued entitlement to benefits after transfer of residence to another Member State)
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2
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2005/C 229/5
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Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-353/03 (Reference for a preliminary ruling Court of Appeal): Société des produits Nestlé SA v Mars UK Ltd (Trade marks — Directive 89/104/EEC — Absence of distinctive character — Distinctive character acquired through use — Use as part of or in conjunction with a registered trade mark)
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3
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2005/C 229/6
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Judgment of the Court (First Chamber) of 7 July 2005 in Case C-374/03 (Reference for a preliminary ruling Verwaltungsgericht): Gaye Gürol v Bezirksregierung Köln (EEC-Turkey Association Agreement — Article 9 of Decision No 1/80 of the Association Council — Direct effect — Access to education for children of a Turkish worker duly registered as belonging to the workforce — Children living with their parents — Education grant)
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3
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2005/C 229/7
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Judgment of the Court (Fifth Chamber) of 7 July 2005 in Case C-214/04: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Substances harmful to the ozone layer — Article 5(3) of Regulation (EC) No 2037/2000 — Maintenance of derogations not provided for in the regulation)
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3
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2005/C 229/8
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Case C-206/05: Action brought on 11 May 2005 by Commission of the European Communities against the Kingdom of Sweden
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4
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2005/C 229/9
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Case C-253/05: Action brought on 15 June 2005 by Commission of the European Communities against the Kingdom of the Netherlands
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4
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2005/C 229/10
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Case C-267/05: Reference for a preliminary ruling from the High Court of Justice (England and Wales) Chancery Division, Patents Court by order of that court of 17 February 2005 in Oakley Inc. v 1) Animal Ltd 2) H. Young Holdings plc 3) H. Young (Operations) Ltd, Intervener: Secretary of State for Industry
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5
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2005/C 229/11
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Case C-269/05: Action brought on 23 June 2005 by the Commission of the European Communities against the Hellenic Republic
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5
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2005/C 229/12
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Case C-271/05: Reference for a preliminary ruling from the Consiglio di Stato by order of that court of 18 January 2005 in (1) Francesco Rauty v Ministero per i Beni Culturali e Ambientali and Soprintendenza B.A.A. di Firenze, Prato e Pistoia; intervener: Consiglio Nazionale degli Ingegneri; and (2) Ordine degli Ingegneri della Provincia di Pistoia v Francesco Rauty and Ministero per i Beni e le Attività Culturali; intervener: Consiglio Nazionale degli Ingegneri
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6
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2005/C 229/13
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Case C-274/05: Action brought on 4 July 2005 by the Commission of the European Communities against the Hellenic Republic
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6
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2005/C 229/14
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Case C-275/05: Reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen by order of that court of 12 May 2005 in Alois Kibler jun. v Land Baden-Württemberg, joined parties: Manfred Ott and Konrad Leiprecht
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7
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2005/C 229/15
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Case C-277/05: Reference for a preliminary ruling from the Conseil d'État (France), acting in a judicial capacity, by order of that court of 18 May 2005 in Société thermale d'Eugénie-Les-Bains v Ministère de l'Economie, des Finances et de l'Industrie
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7
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2005/C 229/16
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Case C-280/05: Action brought on 11 July 2005 by the Commission of the European Communities against the Italian Republic
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8
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2005/C 229/17
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Case C-283/05: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 30 June 2005 in ASML Netherlands BV v SEMIS Semiconductor Industry Services GmbH
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8
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2005/C 229/18
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Case C-286/05: Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg by order of that court of 30 June 2005 in Reinhold Haug v Land Baden-Württemberg
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9
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2005/C 229/19
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Case C-293/05: Action brought on 20 July 2005 by the Commission of the European Communities against the Italian Republic
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9
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2005/C 229/20
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Case C-302/05: Action brought on 28 July 2005 by the Commission of the European Communities against Italian Republic
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10
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2005/C 229/21
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Case C-304/05: Action brought on 29 July 2005 by Commission of the European Communities against the Italian Republic
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10
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2005/C 229/22
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Removal from the register of Case C-326/04
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11
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COURT OF FIRST INSTANCE
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2005/C 229/23
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Judgment of the Court of First Instance of 13 July 2005 in Case T-260/97 Camar Srl v Council of the European Union and Commission of the European Communities (Common organisation of the markets — Bananas — Import arrangements — Non-contractual liability of the Community — Assessment of loss)
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12
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2005/C 229/24
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Judgment of the Court of First Instance of 18 July 2005 in Case T-241/01, Scandinavian Airlines System AB v Commission of the European Communities (Competition — Cartel — Air transport — Regulation (EEC) No 3975/87 — Notified agreements — Cooperation beyond the scope of the notification — Market-sharing — Fine — Guidelines for the calculation of fines — Seriousness of the infringement — Notice on the non-imposition or reduction of fines — Attenuating circumstances — Unlimited jurisdiction)
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12
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2005/C 229/25
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Judgment of the Court of First Instance of 27 July 2005 in Joined Cases T-49/02 to T-51/02 Brassierie nationale SA (formerly Brasseries Funck-Bricher and Bofferding) and Others v Commission of the European Communities (Cartels — Luxembourg beer market — Fines)
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13
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2005/C 229/26
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Judgment of the Court of First Instance of 13 July 2005 in Case T-242/02, The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Word mark TOP — Refusal of registration — Article 115(4) of Regulation (EC) No 40/94 — Definition of ‘written communications’ — Infringement of the principle that decisions must be adopted within a reasonable time — Infringement of the rights of the defence — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation No 40/94)
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13
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2005/C 229/27
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Judgment of the Court of First Instance of 13 July 2005 in Case T-40/03: Julián Murúa Entrena v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for figurative Community trade mark including the verbal element ‘Julián Murúa Entrena’ — Opposition by the proprietor of the Spanish and international work mark MURÚA — Refusal to register — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94 — Surname)
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14
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2005/C 229/28
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Judgment of the Court of First Instance of 14 July 2005 in Case T-126/03 Reckitt Benckiser (España), SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Likelihood of confusion — Proof of use of earlier mark — Application for Community word mark ALADIN — Earlier national word mark ALADDIN — Articles 8(1)(b) and 43(2) and (3) of Regulation (EC) No 40/94)
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14
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2005/C 229/29
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Judgment of the Court of First Instance of 14 July 2005 in Case T-312/03 Wassen International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier national figurative mark comprising the word element ‘Selenium Spezial A-C-E’ — Application for Community word mark SELENIUM-ACE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
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15
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2005/C 229/30
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Judgment of the Court of First Instance of 14 July 2005 in Case T-371/03, Vincenzo Le Voci v Council of the European Union (Officials — Internal competition — Non-admission to the oral tests — Breach of the competition notice — Irregularity in the conduct of the tests of such a kind as to distort the results — Principle of equal treatment and non-discrimination — Principle of sound administration)
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15
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2005/C 229/31
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Judgment of the Court of First Instance of 13 July 2005 in Case T-5/04: Carlo Scano v Commission of the European Communities (Officials — Internal competition — Multiple-choice questions — Refusal by the selection board not to take account of certain questions — Equal treatment — Principle of good administration — Ambit of judicial review — Action for annulment — Action for damages)
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15
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2005/C 229/32
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Judgment of the Court of First Instance of 12 July 2005 in Case T-157/04 Joël De Bry v Commission of the European Communities (Officials — Career development report — Appraisal exercise 2001/2002)
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16
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2005/C 229/33
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Judgment of the Court of First Instance of 14 July 2005 in Case T-459/04, Jorge Manuel Pinheiro de Jesus Ferreira v Commission of the European Communities (Community officials — Appointment — Classification in grade — Classification in a higher grade)
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16
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2005/C 229/34
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Order of the Court of First Instance of 9 June 2005 in Case T-188/02: Freiberger Lebensmittel GmbH & Co. Produktions- und Vertriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
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16
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2005/C 229/35
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Order of the Court of First Instance of 8 June 2005 in Case T-139/03: Nuova Agricast Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Non-disclosure of document emanating from a Member State without the prior agreement of that State)
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17
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2005/C 229/36
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Order of the Court of First Instance of 8 June 2005 in Case T-151/03 Nuova Agricast Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Action devoid of purpose)
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17
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2005/C 229/37
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Order of the Court of First Instance of 9 June 2005 in Case T-265/03 Helm Düngemittel GmbH v Commission of the European Communities (Food aid — Partial seizure of delivery guarantee — Request for repayment of the sum seized — Arbitration clause — Action for annulment — Inadmissibility)
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18
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2005/C 229/38
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Order of the Court of First Instance of 29 June 2005 in Case T-274/03: Focus Magazin Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of the application for registration — No need to proceed to judgment)
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18
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2005/C 229/39
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Order of the Court of First Instance of 8 June 2005 in Case T-287/03 Società imballaggi metallici Salerno Srl (SIMSA) v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document emanating from a Member State without the prior consent of that State)
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18
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2005/C 229/40
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Order of the Court of First Instance of 8 June 2005 in Case T-295/03 Poli Sud Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)
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19
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2005/C 229/41
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Order of the Court of First Instance of 8 June 2005 in Case T-297/03 Tomasetto Achille Sas di Tomasetto Andrea & C. v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)
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19
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2005/C 229/42
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Order of the Court of First Instance of 8 June 2005 in Case T-298/03 Lavorazione Cuoio e Pelli Bieffe Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)
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20
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2005/C 229/43
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Order of the Court of First Instance of 8 June 2005 in Case T-299/03 Nuova fabbrica utensili diamantati Srl (Nuova Fa. U. Di) v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document originating from a Member State without the prior consent of that State)
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20
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2005/C 229/44
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Order of the Court of First Instance of 11 July 2005 in Case T-13/04: Jens-Peter Bonde and Others v European Parliament and Council of the European Union (Regulation on the regulations governing political parties at European level and the rules regarding their funding — Action for annulment — Objection as to admissibility — Challengeable act — Standing to bring proceedings — Inadmissibility)
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20
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2005/C 229/45
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Order of the Court of First Instance of 11 July 2005 in Case T-17/04 Front national and Others v European Parliament and Council of the European Union (Regulations governing political parties at European level and the rules regarding their funding — Action for annulment — Objection of inadmissibility — Act against which proceedings may be brought — Locus standi — Inadmissibility)
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21
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2005/C 229/46
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Order of the Court of First Instance of 20 June 2005 in Case T-138/04 Cementir — Cementerie del Tirreno SpA v Commission of the European Communities (Action for annulment of a Commission letter determining the amount of interest for delay applicable to a fine imposed on the applicant — Meaning of a measure confirming an earlier measure — Admissibility)
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21
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2005/C 229/47
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Order of the Court of First Instance of 11 July 2005 in Case T-40/04 Emma Bonino and Others v European Parliament and Council of the European Union (Regulations governing political parties at European level and the rules regarding their funding — Action for annulment — Objection of inadmissibility — Act against which proceedings may be brought — Locus standi — Inadmissibility)
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22
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2005/C 229/48
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Order of the Court of First Instance of 15 June 2005 in Case T-98/04 Nuova Agricast Srl and Others v Commission of the European Communities (Action for annulment — Admissibility — Time-limits — Point when time starts to run — Publication — Internet site)
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22
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2005/C 229/49
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Order of the Court of First Instance of 28 June 2005 in Case T-147/04: Brian Ross v Commission of the European Communities (Officials — Action for annulment and for damages — Career development report — Total and permanent invalidity — Legal interest in bringing proceedings — Inadmissibility)
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22
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2005/C 229/50
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Order of the Court of First Instance of 12 July 2005 in Case T-163/04: Michael Schäfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for restitutio in integrum — Appeal before a Board of Appeal — Costs of proceedings — Apportionment)
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23
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2005/C 229/51
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Order of the Court of First Instance of 11 July 2005 in Case T-294/04 Internationaler Hilfsfonds eV v Commission of the European Communities (Non-contractual liability — Reimbursement of costs relating to procedures before the European Ombudsman — Action manifestly unfounded)
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23
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2005/C 229/52
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Order of the President of the Court of First Instance of 5 July 2005 in Case T-117/05 R: Andreas Rodenbröker v Commission of the European Communities (Application for interim measures — Application for suspension of operation of a measure — Directive 92/43/EEC — Urgency — None)
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24
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2005/C 229/53
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Case T-228/05: Action brought on 13 June 2005 by Javier Maria Vega Bordell against the European Parliament
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24
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2005/C 229/54
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Case T-232/05: Action brought on 15 June 2005 by Trevor Hutchings against the Commission of the European Communities
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24
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2005/C 229/55
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Case T-252/05: Action brought on 4 July 2005 by Q against the Commission of the European Communities
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25
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2005/C 229/56
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Case T-253/05: Action brought on 4 July 2005 by José Fernandez Tunon against the Commission of the European Communities
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25
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2005/C 229/57
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Case T-254/05: Action brought on 6 July 2005 by Fachvereinigung Mineralfaserindustrie e.V. Deutsche Gruppe der EURIMA — European Insulation Manufacturers Association against the Commission of the European Communities
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26
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2005/C 229/58
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Case T-256/05: Action brought on 1 July 2005 by Fernanda Ehrhardt-Avancini against the European Parliament
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27
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2005/C 229/59
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Case T-258/05: Action brought on 30 June 2005 by Eric Voigt against the Commission of the European Communities
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27
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2005/C 229/60
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Case T-260/05: Action brought on 14 July 2005 by Peter Strobl against the Commission of the European Communities
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28
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2005/C 229/61
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Case T-261/05: Action brought on 8 July 2005 by Frank Sliggers against the Commission of the European Communities
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29
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2005/C 229/62
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Case T-265/05: Action brought on 8 July 2005 by Johan Maes against the Commission of the European Communities
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29
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2005/C 229/63
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Case T-267/05: Action brought on 8 July 2005 by Elisabeth De Smedt against the Commission of the European Communities
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29
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2005/C 229/64
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Case T-268/05: Action brought on 8 July 2005 by Patrice Vande Velde against the Commission of the European Communities
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30
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2005/C 229/65
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Case T-269/05: Action brought on 8 July 2005 by Raffaele Dalmasso against the Commission of the European Communities
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30
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2005/C 229/66
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Case T-270/05: Action brought on 8 July 2005 by Matthias Ghem against the Commission of the European Communities
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31
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2005/C 229/67
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Case T-271/05: Action brought on 8 July 2005 by Miriam Arana de la Cal against the Commission of the European Communities
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31
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2005/C 229/68
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Case T-272/05: Action brought on 8 July 2005 by Stéphane Veramme against the Commission of the European Communities
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32
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2005/C 229/69
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Case T-282/05: Action brought on 12 July 2005 by Paulo Sequeira Wandschneider against the Commission of the European Communities
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32
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2005/C 229/70
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Case T-283/05: Action brought on 13 July 2005 by Daniele Baraldi and Others against the Commission of the European Communities
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33
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2005/C 229/71
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Case T-284/05: Action brought on 14 July 2005 against the Commission of the European Communities by Christos Michail
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33
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2005/C 229/72
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Case T-285/05: Action brought on 19 July 2005 by Bernd Lippert against the European Parliament
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34
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2005/C 229/73
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Case T-286/05: Action brought on 18 July 2005 by the Centre Européen pour la Statistique et le Développement A.s.b.l. (C.E.S.D.) against the Commission of the European Communities
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34
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2005/C 229/74
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Case T-287/05: Action brought on 15 July 2005 by Idoia Bengoa Geisler and two other officials against the Court of Justice of the European Communities
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35
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2005/C 229/75
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Case T-288/05: Action brought on 20 July 2005 by Harald Mische against the Commission of the European Communities
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35
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2005/C 229/76
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Case T-289/05: Action brought on 26 July 2005 by Arcangelo Milella and Another against the Commission of the European Communities
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36
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2005/C 229/77
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Case T-291/05: Action brought on 25 July 2005 by Mohammad Reza Fardoom and Michael Ashbrook against the Commission of the European Communities
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37
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2005/C 229/78
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Case T-292/05: Action brought on 26 July 2005 by Maria Johansen against the Court of Auditors of the European Communities
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37
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2005/C 229/79
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Case T-293/05: Action brought on 26 July 2005 by Maurizio Caldarone against the Commission of the European Communities
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38
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2005/C 229/80
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Case T-294/05: Action brought on 26 July 2005 by Jean-Marc Colombani against the Commission of the European Communities
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38
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2005/C 229/81
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Case T-295/05: Action brought on 1 August 2005 by Document Security Systems, Inc. against the European Central Bank
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39
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2005/C 229/82
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Removal from the Register of Case T-141/04
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40
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2005/C 229/83
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Removal from the Register of Case T-468/04
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40
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