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C 60/12 EN Official Journal of the European Union 11.3.

2006

ORDER OF THE COURT ORDER OF THE COURT

(Fifth Chamber)
(Sixth Chamber)
of 23 September 2005

in Case C-357/04 P: Antonio Andolfi v Commission of the


of 17 November 2005 European Communities (1)

(Appeal — JOP Programme — Project to set up a joint Italo-


in Case C-121/04 P: Minoikes Grammes ANE (Minoan Romanian company — Withdrawal of financial aid initially
Lines SA) v Commission of the European Communities (1) granted — Appeal in part manifestly inadmissible and in
part manifestly unfounded)

(2006/C 60/25)
(Appeal — Article 85(1) of the EC Treaty (now Article 81(1)
EC) — Competition — Cartels — Agreements between (Language of the case: Italian)
undertakings — Proof of an undertaking's participation in
meetings of undertakings with an anti-competitive purpose)
In Case C-357/04 P: APPEAL under Article 56 of the Statute of
the Court of Justice, brought on 17 August 2004, by Antonio
Andolfi, residing in Rome (Italy), (Avvocato: S. Amato) the
(2006/C 60/24)
other party to the proceedings being: Commission of the Euro-
pean Communities (Agent: E. Montaguti), assisted by Avvocato:
A. Dal Ferro), the Court (Fifth Chamber), composed of R. Silva
(Language of the case: Greek) de Lapuerta, President of the Chamber, C. Gulmann and P.
Kūris (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, made an order on 23 September 2005, the
operative part of which is as follows:

1. The appeal is dismissed.


In Case C-121/04 P: APPEAL under Article 56 of the Statute of
the Court of Justice, brought on 1 March 2004, by Minoikes
Grammes ANE (Minoan Lines SA)(represented by: I. Dryllerakis, 2. Mr Andolfi shall pay the costs.
E. Dryllerakis and N. Korogiannakis), the other party to the
proceedings being: Commission of the European Communities
(Agents: R. Lyal and T. Christoforou, assisted by A. Oiko- (1) OJ C 284 of 20.11.2004.
nomou), the Court (Sixth Chamber), composed of J. Male-
novský, President of the Chamber, J.-P. Puissochet (Rapporteur),
and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, made an order on 17 November
2005, in which it ruled:

ORDER OF THE COURT


1. The appeal is dismissed;
(Second Chamber)

2. The Commission's cross-appeal is dismissed; of 1 December 2005

in Case C-447/04: Reference for a preliminary ruling from


the Landesgericht Innsbruck in Autohaus Ostermann
3. Minoikes Grammes ANE (Minoan Lines SA) shall bear 90 % of GmbH v VAV Versicherungs AG (1)
the costs;
(Article 104(3) second subparagraph of the Rules of Proce-
dure — Automobile civil liability insurance — Directive
4. The Commission of the European Communities shall bear 10 % 2000/26/EC — Period for insurance undertaking to assess
of the costs. compensation claims)

(2006/C 60/26)
(1) OJ C 106 of 30.04.2004.
(Language of the case: German)

In Case C-447/04: reference for a preliminary ruling under


Article 234 EC from the Landesgericht Innsbruck, (Austria),
11.3.2006 EN Official Journal of the European Union C 60/13

made by decision of 30 September 2004, received at the Court Market (Trade Marks and Designs) (OHIM), (Agent: G.
on 27 October 2004, in the proceedings between Autohaus Schneider), Krafft SA, established in Andoain (Spain) (repre-
Ostermann GmbH and VAV Versicherungs AG — the Court sented by P. Koch Moreno, abogada) — an appeal under
(Second Chamber), composed of C.W.A. Timmermans Article 56 of the Statute of the Court of Justice, brought on 14
(Rapporteur), President of the Chamber, R. Schintgen, R. Silva December 2004, the Court (Fourth Chamber), composed of K.
de Lapuerta, G. Arestis and J. Klučka,, Judges; P. Léger, Advo- Schiemann, President of the Chamber, M. Ilešič (Rapporteur)
cate General; R. Grass, Registrar, made an order on 1 December and E. Levits, Judges; F. G. Jacobs, Advocate General; R. Grass,
2005, the operative part of which is as follows: Registrar, made an order on 1 December 2005, the operative
part of which is as follows

Article 4(6) of Directive 2000/26/EC of the European Parliament


and of the Council of 16 May 2000 on the approximation of the 1. The appeal is dismissed;
laws of the Member States relating to insurance against civil liability
in respect of the use of motor vehicles and amending Council Direc-
tives 73/239/EEC and 88/357/EEC (fourth motor insurance Direc- 2. Vitakraft-Werke Wührmann & Sohn GmbH & Co. KG shall pay
tive) is to be interpreted as not precluding a national rule from the costs, including those of the interim proceedings.
allowing an injured party to bring a legal action against the insurance
undertaking within the three-month period set down by that provision,
after the setting of a reasonable period for payment. (1) OJ C 45 of 19.02.2005

(1) OJ C 314, 18.12.2004.

ORDER OF THE COURT


ORDER OF THE COURT
(Third Chamber)

(Fourth Chamber)
of 24 November 2005

of 1 December 2005
in Case C-5/05 SA: Maria Fernanda Gil do Nascimento and
Others v Commission of the European Communities (1)
in Case C-512/04 P Vitakraft-Werke Wührmann & Sohn
GmbH & Co. KG v Office for Harmonisation in the
(Application for authorisation to serve a garnishee order on
Internal Market (Trade Marks and Designs) (OHIM), Krafft
the Commission of the European Communities)
SA (1)

(2006/C 60/28)
(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Application for Community word mark VITAKRAFT — (Language of the case: Portuguese)
Opposition from the proprietor of national marks containing
the word element ‘krafft’ — Similarity between marks —
Appeal manifestly inadmissible)

In Case C-5/05 SA: Maria Fernanda Gil do Nascimento and


(2006/C 60/27) Others (lawyer: J. Grilo Simões) against Commission of the
European Communities (Agents: I. Martinez del Peral Cagigal
and P. Guerra e Andrade) — application for authorisation to
serve a garnishee order on the Commission of the European
(Language of the case: German) Communities, brought on 11 March 2005, the Court (Third
Chamber), composed of A. Rosas, President of the Chamber, J.
Malenovský (Rapporteur), A. La Pergola, A. Borg Barthet and
A. Ó Caoimh, Judges; C. Stix-Hackl, Advocate General; R.
Grass, Registrar, made an order on 24 November 2005, the
In Case C-512/04 P: Vitakraft-Werke Wührmann & Sohn operative part of which is as follows:
GmbH & Co. KG, established in Bremen (Germany) (repre-
sented by U. Sander, Rechtsanwalt), the other parties to the
proceedings being: Office for Harmonisation in the Internal 1. There is no need to adjudicate on the matter.