CASES IN THE COURT OF JUSTICE.

Thursday March 20

- Judgement C-3/00 Denmark v Commission: Industrial policy - Annulment of Decision K(1999) 3416 by which the Commission refused to approve national provisions derogating from Directive 95/2/EC on food additives other than colours and sweeteners - Conditions for the maintenance of national provisions derogating from a harmonisation measure which are justified on health-protection grounds (Article 95(4) EC)

- Judgement C-291/00 LTJ Diffusion: Approximation of laws - Article 5(1) of the First Directive of the Council to approximate the laws of the Member States relating to trade marks (89/104/EEC) - Prohibition on using a "sign identical with a mark" - Use of the distinctive feature of a mark without use of the other elements - Use of all the components of a mark with new elements - "Arthur...et Felicie"

- Advocate-General's Opinion C-361/01 P Kik v Office for Harmonisation in the Internal Market: Intellectual property - Appeal against the judgement in Case T-120/99 in which the Court of First Instance dismissed an action for annulment of a decision rejecting an application for registration of a Community Trade Mark on the ground that it did not indicate a choice of a "second language" - validity of Article 115 of Regulation No 40/94 on the Community Trade Mark - the rules governing languages of the Office for Harmonisation in the Internal Market and the principle of equal treatment

- Advocate-General's Opinion C-331/01 Spain v Commission: Agriculture - Direct action - Partial annulment of 2001/557/EC: Commission Decision of 11 July 2001 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund - Expenditure under Regulation (EC) 1357/96 providing for additional payments to be made in 1996 - Tardiness of the decision of the Commission (Article 7(4) of Regulation 1258/1999/EC)

- Judgement C-143/02 Commission v Italy: Environment and consumers - Failure by a Member State to fulfil its obligations - Infringement of Articles 5, 6 and 7 of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora - failure to include certain projects that are likely to have an impact on sites of Community importance - obligation to take appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats and the habitats of species as well as the disturbance of species for...